Terms and Conditions

Contents


Terms and Conditions


If you use this site, by that act, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site.

OmniVista Health Learning, LLC (owner of learning.omnivistahealth.com) has the right to revise and update these Terms and Conditions at any time without prior notification; therefore, you should visit this page periodically to review these Terms of Use.

Should you violate these Terms and Conditions or any other rights of OmniVista Health Learning, LLC, we reserve the right to pursue any and all legal and equitable remedies against you—including, without limitation, terminating any and all access and or user accounts on any and all of the OmniVista Health websites.

Thank you for taking the time to read these Terms and Conditions and we hope you enjoy your OmniVista Health experience.

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Medical Content


The contents of OmniVista Health Learning, LLC including text, graphics, images, information obtained from our licensors, and all other content, should not be construed as personal medical advice or instruction and is offered on an informational basis only. No action should be taken based solely on the contents of this site. Readers should consult appropriate health professionals on any matter relating to their health and well-being, including but not limited to the following:

  • Making any adjustment to any medication or treatment you are currently using.
  • Stopping any medication or treatment you are currently using.
  • Starting any new medication or treatment.

The information and opinions provided here are believed to be accurate and sound, based on the best judgment available to the authors, but readers who fail to consult appropriate health authorities assume the risk of any injuries.

No content is intended to be a substitute for professional medical advice, diagnosis, or treatment. The publisher is not responsible for errors or omissions.

If you think you may have a medical emergency, call your doctor or your local health emergency service immediately. If you choose to utilize any information provided by OmniVista Health Learning, LLC, you do so solely at your own risk.

The statements on our websites have not been evaluated by the Food and Drug Administration. The products on our websites are not intended to diagnose, treat, cure, or prevent any disease.

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Use of Content


OmniVista Health Learning, LLC authorizes you to make single copies of the material found on our websites for personal use only. You must attach the following copyright to everything you copy:

©2018, OmniVista Health Learning, LLC. All rights reserved.

Any violation of the Terms and Conditions immediately terminates your right to use the content provided by OmniVista Health Learning, LLC and you are required to destroy all copies you have made of that content.

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Shipping Policy


Physical product orders will be processed within 3 business days and shipped via Newgistics Parcel Select. Pending payment authorization, your order should arrive within 5-10 business days. International orders in 7-14 days.

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Billing


For Annual Update Subscriptions Only

If you enrolled in an course including annual updates, then we will charge your card at the frequency and price disclosed to you on the checkout page on which you provided your credit or debit card information.

OmniVista Health Learning:
For our online learning protocols, you have 30 days to receive a full refund of the purchase price unless otherwise stated in the offer. Charges will appear on your credit card as PSV* OmniVista Health Learning 866-625-3367 (NOTE: PSV* appears for VISA charges only).

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Credit Policies


OmniVista Health Learning:
For our online learning protocols, you have 30 days to receive a full refund of the purchase price unless otherwise stated in the offer.

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Contact Us


OmniVista Health Learning
Available: 8AM – 11PM Monday – Friday EST
Phone: 1-443-353-4455
Email: customerservice@ovhlearning.com

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We require that all emails promoting OmniVista Health Learning, LLC and its products are sent only to clients who have agreed to receive such messages. We prohibit any advertising of our brand and website using unsolicited email messages. Not complying with this policy will cause partnership termination and/or affiliate account termination.

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Liability


The use of our websites and its content is at your own risk.

When using our websites, information is transmitted in ways beyond the control of OmniVista Health Learning, LLC. OmniVista Health Learning, LLC assumes no liability for the delay, failure, interruption, or corruption of any data or other information in connection with our websites.

Our websites and their content are provided “as is.” OmniVista Health Learning, LLC, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Specifically, OmniVista Health Learning, LLC, its licensors, and its suppliers make no representations or warranties about the following:

  • The accuracy, reliability, completeness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of omnivistahealth.com

In no event shall OmniVista Health Learning, LLC, its licensors, its suppliers, or any third parties mentioned on our websites be liable for any damages, including but not limited to incidental and consequential damages; personal injury; wrongful death; lost profits; damages resulting from lost data; business interruption resulting from the use or inability to use our websites or the content, whether based on warranty, contract, tort, or any other legal theory; and whether or not omnivistahealth.com is advised of the possibility of such damages. OmniVista Health Learning, LLC is not liable for any personal injury, including death, caused by your use or misuse of this site, content, or public areas.

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Advertisements and Links To Other Sites


OmniVista Health Learning, LLC does not endorse the content on any third-party Web sites. OmniVista Health Learning, LLC is not responsible for the content of linked third-party sites, sites framed within our websites, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party Web sites is at your own risk and subject to the Terms and Conditions of use for those sites.

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Indemnity


Upon acceptance of these Terms and Conditions, you consent to defend, indemnify, and hold OmniVista Health Learning, LLC, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these Terms and Conditions.

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Jurisdiction


You expressly agree that exclusive jurisdiction for any dispute with OmniVista Health Learning, LLC, or in any way relating to your use of omnivistahealth.com, resides in the courts of the State of Maryland and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maryland in connection with any such dispute, including any claim involving OmniVista Health Learning, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Maryland, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

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General


OmniVista Health Learning, LLC is based in Baltimore, Maryland, USA. OmniVista Health Learning, LLC makes no claims that the content is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access omnivistahealth.com from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

Except as expressly provided in a particular “legal notice” on our websites, these Terms and Conditions constitute the entire agreement between you and OmniVista Health Learning, LLC with respect to the use of our websites, and content. Your use of our websites is also subject to the OmniVista Health Learning, LLC privacy policy.

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Text Messages


The following Terms and Conditions apply to your use of the website located at learning.omnivistahealth.com (the “website”) and any text messages that you send to or receive from OmniVista Health Learning, LLC.  These Terms and Conditions constitute a binding agreement (“Agreement”) between you (“you”) and OmniVista Health Learning, LLC (“we”, “us”, etc.)  Please read these terms carefully. 

By providing your telephone number to us, texting us a short code listed on the website, or otherwise indicate your agreement to these Terms and Conditions, you are agreeing to the mandatory arbitration provision and class action waiver below. 

ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES RELATED TO THIS WEBSITE, THIS AGREEMENT, AND ANY TELEPHONE CALLS, EMAILS, OR TEXT MESSAGES THAT YOU RECEIVE FROM OR ON BEHALF OF US, UNLESS SPECIFIED BELOW OR UNLESS YOU OPT-OUT.

Text Messaging and Telemarketing Terms and Conditions

When you provide your telephone number on this website or send a text message to us with or from a short-code, you agree to receive alerts and communications, and marketing messages including those sent via automated telephone dialing system, text messages, SMS, MMS, and picture messages from OmniVista Health Learning, LLC at the phone number you provide on this website or the phone number from which you text the short code, including on landlines and wireless numbers, even if the phone number is on a corporate, state or national Do Not Call list. You also agree to the mandatory arbitration provision and class action waiver below. Your consent is not required to purchase goods or services. Message & data rates may apply.

You may opt-out at any time by texting the word STOP to the telephone number from which you receive the text messages. Send a text message with the word HELP to learn more.  By providing your telephone number, you agree to notify us of any changes to your telephone number and update your account us to reflect this change. Your carrier may charge you for text messages and telephone calls that you receive, or may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Dispute Resolution by Binding Arbitration and Class Action Waiver

Any dispute relating in any way to telephone calls, emails, or text messages that you receive from or on behalf of OmniVista Health Learning, LLC, this website, or this Agreement (collectively “Disputes”) shall be submitted to confidential arbitration and shall be governed exclusively by the laws of the State of Maryland, excluding its conflict of law provisions.  For the avoidance of doubt, all claims arising under the Telephone Consumer Protection Act and state telemarketing laws shall be considered “Disputes” that are subject to resolution by binding individual, confidential arbitration.

If a Dispute arises under this Agreement, you agree to first contact us at 410-783-8408  or legaloperations@14west.us. Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute.  If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party.  The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration.  Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.  OmniVista Health Learning, LLC will pay all of the filing costs.  Without limiting the foregoing, YOU EXPRESSLY AGREE TO SUBMIT TO ARBITRATION ALL DISPUTES RELATING TO ANY TEXT MESSAGES OR TELEPHONE CALLS YOU RECEIVE FROM OR ON BEHALF OF US OR ANY ENTITY WITH WHOM WE MAY SHARE YOUR TELEPHONE NUMBER.  Further, we both agree that all entities with whom we share your telephone numbers shall be third party beneficiaries of this Agreement to Arbitrate Disputes, and that those entities have the same rights as OmniVista Health Learning, LLC  to enforce this arbitration provision.

Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Maryland: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; or (iv) interactions with governmental and regulatory authorities.  You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.  You shall have thirty (30) days from the earliest of the date that you visit the website, the date you submit information to us through the website, or the date that you send a text message to us, to opt out of this arbitration agreement, by contacting us by email at legaloperations@14west.us  or by mail at Attn Legal Operations 14 W Mt. Vernon Place, Baltimore MD, 21201. If you do not opt out by the earliest of the date that you visit the website, the date you submit information to us through the website, or the date that you send a text message to us, then you are not eligible to opt out of this arbitration agreement.

Electronic Signatures

All information communicated on the website is considered an electronic communication.  When you communicate with us through or on the website, by text message or telephone, or via other forms of electronic media, such as e-mail, you are communicating with us electronically.  You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

You further acknowledge and agree that by clicking on a button labeled “ORDER NOW”, “SUBMIT”, “I ACCEPT”, “I AGREE”, “YES”, by texting a short code to us in response to a request on this website, or by clicking or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract.  You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement.  Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE.  Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means You may receive a physical paper copy of this contract by contacting us.

Privacy Policy

Please read our Privacy Policy, which is incorporated herein by reference.  In the event of any conflict between these Terms and Conditions and the Privacy Policy, these Terms shall control.

Contact Us

You may contact us by telephone at (866)-747-9421 or (443)-353-4455 or by email.

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