Terms & Conditions

This mobile application and supporting websites (collectively, the “App”) is maintained and operated by New Ocean Health Solutions (“New Ocean,” “we” or “us”).

your access and use of the App is subject to the following terms and conditions (the “terms and conditions”) and all applicable laws.  by accessing or using any part of the App, you accept, without limitation or qualification, these terms and conditions.  if you do not agree with all of the terms and conditions set forth below, you may not use any portion of the App.  We reserve the right to change these Terms & Conditions of Use at any time without notice.

Eligibility: By using or attempting to use the App, you certify that you are a resident of the United States and are at least 18 years of age. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, you must stop using the App immediately.

Medical Advice Disclaimer:

YOU UNDERSTAND THAT THE INFORMATION, ACTIVITIES, AND ROUTINES THAT YOU PROVIDED TO NEW OCEAN WERE USED BY NEW OCEAN TO CUSTOMIZE YOUR PERSONAL HEALTH ACTIVITY PLAN.  NEW OCEAN WILL NOT INDEPENDENTLY VERIFY OR REVIEW THE INFORMATION FORWARDED TO NEW OCEAN BY YOU FOR ACCURACY OR COMPLETENESS.  ACCORDINGLY, NEW OCEAN MAKES NO REPRESENTATION THAT THE HEALTH ACTIVITY PLAN DEVELOPED BASED ON THE INFORMATION YOU SUBMITTED IS ACCURATE OR COMPLETE.  ANY HEALTH ACTIVITY PLAN MADE AVAILABLE THROUGH NEW OCEAN SHOULD NOT BE CONSIDERED A REPLACEMENT FOR THE PLAN OF CARE PROVIDED BY YOUR PHYSICIAN.

THE INFORMATION, DATA, RECOMMENDATIONS, AND ANY OTHER MATERIALS, INCLUDING THE HEALTH ACTIVITY PLAN PROVIDED THROUGH NEW OCEAN ARE NOT, NOR ARE THEY INTENDED TO BE, A MEDICAL EVALUATION, EXAMINATION, ADVICE, CONSULTATION, DIAGNOSIS, OR TREATMENT. NEW OCEAN RECOMMENDS THAT YOU CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR ALL MEDICAL AND HEALTH-RELATED MATTERS. NEW OCEAN WILL NOT BE LIABLE FOR ANY CLAIM FOR PERSONAL INJURY, DAMAGE, AND/OR LIABILITY ARISING OUT OF YOUR USE OF OR YOUR RELIANCE ON THE INFORMATION, DATA, AND ANY OTHER MATERIALS, INCLUDING THE HEALTH ACTIVITY PLAN, MADE AVAILABLE TO YOU BY NEW OCEAN OR THROUGH THE APP.  THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE APP, E-MAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND NEW OCEAN,  OR ANYONE WORKING FOR NEW OCEAN.

YOU ACKNOWLEDGE THAT ALL ACTIVITIES RELATED TO PERSONAL DIET AND EXERCISE ENTAIL MEDICAL RISKS, INCLUDING BODILY INJURY OR DEATH. YOU ASSUME ANY RISKS RELATED TO INCORPORATING INTO YOUR PERSONAL LIFE ANY INFORMATION EXPLICITLY CONTAINED IN OR IMPLIED FROM THE CONTENTS OF THE APPLICATION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.  NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE APPLICATION. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Incentives and Rewards:  New Ocean’s role in administering claims for rewards and incentives is purely ministerial, and performed within a framework of policies, interpretations, rules, practices, and procedures made or adopted by your employer, health plan, or other sponsoring organization. We only have authority to administer and award incentives or rewards within the program adopted by your sponsoring organization. Your sponsoring organization is responsible for the terms of the incentive program, the payment of such incentives, and whether the incentive program complies with applicable laws. Any disputes over such matters should be directed to the sponsoring organization’s dispute resolution and appeals process.

Rewards for trial users:  Any rewards earned by users using a trial licenses are for demonstration purposes only and have no cash value.  They will not be available for redemption and will be reset at the conclusion of the trail period.

Authorized Use of App:  This App is provided for your personal and non-commercial use and for informational purposes only. Any other use of the App requires the prior written consent of New Ocean.

Unauthorized Use of App:  You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the App. Further, you may not use any such automated means to manipulate the App, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the App or any other user’s use of the App, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the App, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions.  You may not resell use of, or access to, the App to any third party without our prior written consent

Registration and Passwords:  In order to access certain services on the App, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded by you at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy, www.newoceanhealthcom.

We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password to the App and immediately notify us of the problem by contacting us at support@newoceanhealth.com or 1-844-227-3226.

Proprietary Rights: New Ocean is the owner of or otherwise licensed to use all parts of the App, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the App belong to third parties who have authorized New Ocean to display the materials, such as portfolio works, logos and trademarks and other proprietary materials.  By using the App, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the App.  All rights not granted under these Terms and Conditions are reserved by New Ocean.

Comments or Materials Posted By You:  Certain pages on the App may allow you to post videos, audio, photographs, text, or other content (“Content”).  Unless otherwise specified, you may only post Content to the App if you are a resident of the United States and eighteen (18) years of age or older.  You may only post Content that you created or that the owner of the Content has given you permission to post.  If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to New Ocean.  You may not post or distribute Content that is illegal or that violates these Terms and Conditions.  By posting or distributing Content to the App, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the App and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.

By submitting or posting Content to the App, you grant New Ocean the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium.  Once you submit or post Content to the App, New Ocean does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses.  New Ocean owns all right, title, and interest in any compilation, collective work, or other derivative work created by New Ocean using or incorporating Content posted to the App. You are solely responsible for anything you may post on the App and the consequences of posting anything on the App.

Activities Prohibited by App.  New Ocean expects all of its users to be respectful of other people.  The following is a partial list of the kinds of conduct that are illegal or prohibited on the App. New Ocean reserves the right to investigate and take appropriate legal action against anyone who, in New Ocean’s sole discretion, engages in any of the prohibited activities.  Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

• is defamatory, abusive, obscene, profane or offensive;
• infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
• violates any party’s right of publicity or right of privacy;
• is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• promotes or encourages violence;
• is inaccurate, false or misleading in any way;
• is illegal or promotes any illegal activities;
• promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
• contains “masked” profanity;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

New Ocean is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion.  New Ocean will make all determinations as to what Content is appropriate in its sole discretion.  New Ocean may edit or remove any Content at any time without notice.

Termination:  You acknowledge that New Ocean may restrict, modify, or terminate these Terms and Conditions, without liability, for its convenience, or if you violate these Terms and Conditions or any law, rule, or regulation.

No Ideas Accepted: New Ocean does not accept any unsolicited ideas from outside the company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and New Ocean assumes no obligation, expressed or implied, by considering it. You further understand that New Ocean shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to New Ocean.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant New Ocean an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

Links:  This App may contain links to other websites or applications not maintained by New Ocean. Other websites or applications may also reference or link to our App. We encourage you to be aware when you leave our App and to read the terms and conditions and privacy statements of each and every website and app that you visit.  We are not responsible for the practices or the content of such other websites or apps.

No Warranties / Limitation of Liability:  WHILE NEW OCEAN USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE APP, NEW OCEAN MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. NEW OCEAN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE APP. YOUR USE OF THE APP IS AT YOUR OWN RISK. THE APP, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE APP, IS PROVIDED “AS IS” AND NEW OCEAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE APP. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEW OCEAN DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEW OCEAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEW OCEAN SHALL NOT BE LIABLE FOR THE USE OF THE APP, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL NEW OCEAN BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES, SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNT PAID BY YOU FOR YOUR USE OF THE PLATFORM DURING THE PRIOR TWELVE (12) MONTHS OR (II) TEN DOLLARS ($10).

SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH CASES, NEW OCEAN’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Email and Text Messaging Express Consent. If you provide your email address and/or mobile phone number, you expressly agree that we may communicate with you regarding the App by electronic mail, SMS, MMS, text message, or other electronic means directed to your mobile device and that certain information about your usage of the App may be communicated to us. In the event you change or deactivate your mobile device telephone number, you agree to   promptly update your registration information to ensure that messages are not sent to the person that acquires your old number. Further, your wireless carrier’s normal messaging, data, and other rates and fees will apply.

Third Party Equipment and Services Disclaimer: You understand that access to the Services may require you to use certain third party equipment or services (e.g., computer, mobile device, wireless Internet access). We have no responsibility for your use of any third party equipment or services, and we do not guarantee that the App will be compatible with your equipment or that any third party equipment or services will be error-free.

System Maintenance:  Scheduled system maintenance shall take place from time to time, and during such time, updates to the App or elements of the App may be unavailable. Emergency maintenance may be required at other times in the event of system failure. The App is not designed for the delivery of time sensitive or life critical medical or health-related communications. IF YOU OR SOMEONE YOU KNOW IS EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.  You specifically acknowledge that outage and downtime may occur.

Changes:  All information posted on the App is subject to change without notice.  In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the App. You should check the App for such changes frequently.  Your continued access of the App after such changes conclusively demonstrates your acceptance of those changes.

Indemnification:  You agree to indemnify, defend and hold harmless New Ocean, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.

Severability.  If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies:  The failure of New Ocean to partially or fully exercise any rights or the waiver of New Ocean of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by New Ocean or be deemed a waiver by New Ocean of any subsequent breach by you of the same or any other term of these Terms and Conditions.  The rights and remedies of New Ocean under these Terms and Conditions and any other applicable agreement between you and New Ocean shall be cumulative, and the exercise of any such right or remedy shall not limit New Ocean’s right to exercise any other right or remedy.

Governing Law.  The laws of the State of New York shall govern these Terms and Conditions.  YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE APP.

Questions:  Should you have any questions regarding these Terms and Conditions you may contact us at info@newoceanhealth.com