These terms of use are entered into by and between You and Monovo LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the website monovotech.com (our “Website”) or when you download, install, access, or use the MONOVO app (our “App”), including any content, functionality, and services offered on or through the same and regardless as to which device may be used to access the same (collectively, the “Monovo System”).
Please read the Terms of Use carefully before you start to use the Monovo System. By using the Monovo System, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://monovo.care/privacy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Monovo System.
The Monovo System is offered and available to users who are 18 years of age or older, and who reside in the United States or any of its territories or possessions. By using the Monovo System, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Monovo System.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Monovo System thereafter. Your continued use of the Monovo System following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Monovo System, and any service or material we provide on the Monovo System, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Monovo System is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Monovo System, or the entire Monovo System, to users, including registered users.
You are responsible for both:
To access the Monovo System or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Monovo System that all the information you provide on the Monovo System is correct, current, and complete. You agree that all information you provide to register with the Monovo System or otherwise, including, but not limited to, through the use of any interactive features on the Monovo System, is governed by our Privacy Policy, found at https://monovo.care/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Monovo System or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Monovo System and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other owners and providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Monovo System for your personal, non-commercial use only, and only as permitted by all applicable law. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Monovo System, except that you may print or download one copy of a reasonable number of pages of the Monovo System for your own personal, non-commercial use and not for further reproduction, publication, or distribution. If you wish to make any use of material on the Monovo System other than that set out in this section, please address your request to: monovo@monovotech.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Monovo System in breach of the Terms of Use, your right to use the Monovo System will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Monovo System or any content on the Monovo System is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Monovo System not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, certain terms reflected on the Monovo System, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Monovo System are the trademarks of their respective owners.
You may use the Monovo System only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Monovo System:
Additionally, you agree not to:
The Monovo System may contain, whether now or in the future, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Monovo System.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Monovo System, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Monovo System.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Monovo System. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Monovo System, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The Company is against copyright infringement of any kind, and we terminate the user accounts of repeat copyright infringers. If you believe that any User Contributions violate your copyright, please send a notice of copyright infringement to monovo@monovotech.com.
The information presented on or through the Monovo System is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Monovo System, or by anyone who may be informed of any of its contents.
The Monovo System may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. These third-party sites have separate and independent privacy policies, and we disclaim any responsibility or liability for the content and activities of these linked sites. All statements and/or opinions expressed in the third-party sites, and all section and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These third-party sites do not necessarily reflect the opinion of the Company, nor will the presence of such materials on the Monovo System constitute an endorsement of the same. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the Monovo System from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Monovo System may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on the Monovo System is subject to our Privacy Policy, which is found at https://monovo.care/privacy. By using the Monovo System, you consent to all actions taken by us with respect to your information in compliance with such privacy policy.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Monovo System may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Monovo System contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Monovo System, you do so entirely at your own risk and subject to the terms and conditions of use, privacy policies, and other rules governing the use of such websites.
The owner of the Monovo System is based in the State of Utah in the United States. We provide the Monovo System for use only by persons located in the United States. We make no claims that the Monovo System or any of its content is accessible or appropriate outside of the United States. Access to the Monovo System may not be legal by certain persons or in certain countries. If you access the Monovo System from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Monovo System will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MONOVO SYSTEM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MONOVO SYSTEM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE MONOVO SYSTEM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MONOVO SYSTEM IS AT YOUR OWN RISK. THE MONOVO SYSTEM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MONOVO SYSTEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE MONOVO SYSTEM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE MONOVO SYSTEM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MONOVO SYSTEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MONOVO SYSTEM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MONOVO SYSTEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MONOVO SYSTEM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE MONOVO SYSTEM OR SUCH OTHER MONOVO SYSTEMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Monovo System, including, but not limited to, your User Contributions, any use of the Monovo System’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Monovo System.
All matters relating to the Monovo System and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Monovo System shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in the City of Salt Lake and County of Salt Lake. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE MONOVO SYSTEM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Monovo LLC regarding the Monovo System and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Monovo System. There are no third-party beneficiaries of these Terms of Use.
The Monovo System is operated by Monovo LLC, 2578 W 600N Suite# 201, Lindon, UT 84042. All notices of copyright infringement claims should be sent to monovo@monovotech.com.
All other feedback, comments, requests for technical support, and other communications relating to the Monovo System should be directed to: patientsupport@monovotech.com.
