donovanhealth

Privacy Policy

 

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.

Terms and Conditions

Blue Beat Media, LLC (owner of Donovanhealth.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.
The website located at donovanhealth.com and all subpages (the “Website”) are operated by Blue Beat Media, LLC (“Donovan Health,” “we,” “us,” etc.).  These terms and conditions apply to your visit to and use of the Website and the purchase or use of any products from us, whether physical or digital (“Products”). 
Should you violate these Terms and Conditions or any other rights of Blue Beat Media, 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 Jim Donovan Sound Health websites.
Thank you for taking the time to read these Terms and Conditions and we hope you enjoy your Jim Donovan Sound Health experience.

 

DISPUTE RESOLUTION BY MANDATORY ARBITRATION AND CLASS ACTION WAIVER 

Any dispute relating in any way to your visit to or use of the Website, the Products (including the purchase or use of any Products or any other purchases made on or through the Website), or otherwise related to this Agreement or your relationship with Blue Beat Media, LLC (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of Maryland, without regard to principles of conflict of laws.  The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Any question as to the validity of this arbitration agreement shall be submitted to confidential arbitration and decided by an arbitrator.   
If a Dispute arises, you agree to first contact us at (443) 499-6780 or [email protected] 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.  We will pay the filing costs.  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.  The AAA’s rules are available at www.adr.org.  A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.  To the fullest extent permitted by applicable law, no arbitration of a Dispute 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 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.   
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; and (iv) interactions with governmental and regulatory authorities.   
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void.  
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 or the date you purchase a Product or submit information to or through the Website to opt out of this arbitration agreement, by contacting us by email [email protected] If you do not opt out by the earliest of the date that you visit the Website, or the date that you purchase a Product or submit information to us through the Website, then you are not eligible to opt out of this arbitration agreement.  
NOTICE TO CALIFORNIA CONSUMERS 
Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Blue Beat Media, LLC may be contacted in writing at Donovan Health,12122 Hooper Lane Glen Arm, MD 21057 or by telephone at (443) 499-6780.   
DISCLAIMER OF WARRANTIES 
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT EXTEND BEYOND THE EXPRESS DESCRIPTION ON THE FACE OF THE WEBSITE AND THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, Donovan Health, LLC MAKES NO IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE PRODUCTS. Blue Beat Media, LLC DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.  THE WEBSITE AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PRODUCTS ON THE WEBSITE ARE NOT APPROVED BY THE FOOD AND DRUG ADMINISTRATION, AND YOU WAIVE THE RIGHT TO BRING ANY PRIVATE ACTION ALLEGING VIOLATIONS OF THE FOOD, DRUG, AND COSMETIC ACT, OR ANY STATE LAW EQUIVALENT, ARISING FROM YOUR PURCHASE OF PRODUCTS ON THE WEBSITE. 
LIMITATION OF LIABILITY  
To the extent permissible by applicable law, in no event will you be entitled to recover fromBlue Beat Media, LLC any indirect, consequential, incidental, punitive, exemplary, or special damages arising out of (i) the use or inability to use the Website, (ii) any transaction conducted through or facilitated by the Website, (iii) the purchase of any Products on the Website, (iv) any claim attributable to errors, omissions, or other inaccuracies in the Website, (v) unauthorized access to or alteration of your transmissions or data, or (vi) any other matter relating to the Website or the Products.  SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN THOSE STATES. 
ELECTRONIC COMMUNICATIONS 
By using the Website or sending electronic mail to us, you agree and consent to receive communications from us electronically, including by email or by posting notices on this Website. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of 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 OR PRODUCTS OFFERED BY Blue Beat Media, LLC. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  
GENERAL PROVISIONS 
If any provision of this Agreement is deemed invalid, unlawful, void, or unenforceable by an arbitrator or (if proper) a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the remaining provisions shall not be affected thereby and shall continue in full force and effect. Except as expressly set forth in this Agreement, no failure or delay by you orBlue Beat Media, LLC to exercise any rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy.  We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control.  
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Medical Content
The contents of Blue Beat Media, 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 Blue Beat Media, 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
Blue Beat Media, 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:
©2020-2021, Blue Beat Media, LLC. All rights reserved.
Any violation of the Terms and Conditions immediately terminates your right to use the content provided by Blue Beat Media, LLC and you are required to destroy all copies you have made of that content.
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Billing
You have 30 days to receive a full refund of the purchase price unless otherwise stated in the offer. If you have any questions, please contact customer service using the information below. 
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Credit Policies
You have 30 days to receive a full refund of the purchase price unless otherwise stated in the offer. If you have any questions, please contact customer service using the information below.
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Contact Us
Jim Donovan Sound Health
c/o Blue Beat Media, LLC
Available: 8AM – 4 PM Monday – Friday EST
Phone: (443) 499-6780
Email: [email protected]
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Privacy Policy
Last Updated: March 17, 2021
Blue Beat Media, LLCLC (“we,” “our,” or “us”) provides this privacy policy to describe how we collect, use, and share the information of individuals who visit our website at donovanhealth.com (the “Website”). For more information about Blue Beat Media, LLC please visit www.donovanhealth.com
We know that your personal information is important to you and here at Blue Beat Media, LLCC we are committed to ensuring it is kept secure and used carefully.
Below you will find a short summary of how and why we collect and use your data, who we share it with, and what we are doing to make sure your data is safe and secure.
What does Blue Beat Media, LCC do?
The Jim Donovan Digest is a Blue Beat Media, LCC publication.
Blue Beat Media, LCC is a privately owned publishing company based in Baltimore, Maryland. We publish newsletters which provide insight and advice on music and wellness and sell live workshop events.
What information do we collect and how is it used?
The information that we may collect about you broadly falls into two categories:
  • Information that you provide
We may ask you to provide personal information when you visit our Website, order forms and third-party websites where our advertisements are displayed, in order to provide our services to you. This includes your contact details such as your name and email address. 
We use that information to deliver your subscriptions and so you can register an account with us, giving you access to the subscriber-only areas of our Website. We also use this information to personalize and improve your experience of our services, Website, and communications with you, and for advertising and marketing purposes, including sending you offers from selected partners.
You may also provide payment information to pay for subscriptions or use a one-click order process.
  • Information that we collect automatically
When you visit our Website and order forms, we may collect certain information automatically from your device.
The data we collect may include information like your IP address, device type, unique device identification numbers, browser-type, and other technical information. We may also collect information about how your device has interacted with our Website or order form, including the pages accessed and links clicked. This data is collected using cookies and similar technology.
We collect this information so we can better understand the visitors who come to our Website and look at our order forms and what content may be of interest to them. Using the information allows us to improve the quality and relevance of our Website and services.
Who does Blue Beat Media, LCC share your information with?
We may disclose your personal information to the following categories of recipients:
  • to our group companies who provide services to us, for example, enhancing the security of our Website, or processing personal information for the purposes described in this privacy policy or as described to you when we collect your personal information;
  • to third-party service providers who provide additional data processing services, for example, analyzing data, providing marketing assistance, assisting with the processing of credit card payments, delivering your subscriptions, or personalizing and improving your experience with us;
  • as part of a corporate sale, merger, or acquisition, or other transfer of all or part of our assets, including as part of a bankruptcy proceeding;
  • to any competent law enforcement body, regulatory, government agency, or similar other third party where we believe disclosure is necessary as a matter of applicable law or regulation, or to exercise, establish or defend our legal rights or the rights of third parties; or
  • with your consent or as otherwise disclosed at the time of data collection or sharing.
Digital advertising & analytics
We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising
Providers collect about your use of the Website and other sites or apps over time, including information about relationships among different browsers and devices. 
We may also work with third parties that collect data about your use of the Website and other sites or apps over time for non-advertising purposes. Blue Beat Media, LCC uses Google Analytics and other third-party services to improve the performance of the website and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use our Website, visit www.google.com/policies/privacy/partners, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout.
Cookies
Cookies are small files placed on your hard drive by an internet server when you visit a website. Some cookies can be used to identify your computer each time you visit a site.
Our Website uses cookies to allow authentication for access to the Subscriber Only areas of our sites. This allows you to leave the site and come back without having to re-enter your email or user name and password every time. We may also use cookies to track site usage, traffic patterns and to deliver ads for services we think will be of interest to you.
Your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, our Website may not function as well as intended.
Third-party links and tools
Our Website may include hyperlinks to other websites that are not operated or controlled by us. This privacy policy only applies to our Website and we are not responsible for the content or the privacy practices of third-party websites. You should review the privacy notices of other websites that you use to learn about their data practices.
The Website may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share personal information or you otherwise interact with these features on the Website, these companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public. Your interactions with third-party companies and your use of their features are governed by the privacy notices of the companies that provide those features. We encourage you to carefully read the privacy notices of any accounts you create and use.
Policy against advertising our Website using unsolicited email messages
We require that all third party e-mails promoting donovanhealth.com or our products are sent only to those who have agreed to receive such messages. We prohibit any advertising of us and our websites using unsolicited email messages. We will terminate our relationship with any third parties who do not comply with this policy.
If you feel you’ve been sent unsolicited emails promoting us or our websites and would like to register a complaint, please email us at [email protected] We will immediately investigate your complaint.
Your choices
If at any time you wish to be removed from the Blue Beat Media, LLC mailing list, email us at [email protected]
We fund our free daily editorial email, The Jim Donovan Digest by advertising our services and those of other group companies (occasionally we may carry advertising for a third-party service) within our editorial email, and by sending separate promotional emails. There is an unsubscribe link in each of these emails and you can unsubscribe at any time.
Updates to this privacy policy
We may update this privacy policy from time to time in response to changing legal, technical or business developments. When we update our privacy policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material privacy policy changes if and where this is required by applicable data protection laws. You can see when this privacy policy was last updated by checking the “last updated” date displayed at the top of this privacy policy.
How to contact us
If you have any questions or concerns about our use of your personal information, please contact us our Customer Service team.
Address:
Blue Beat Media, LLC
12122 Hooper Lane
Glen Arm, MD 21057
(443) 499-6780
 
Nevada Privacy Right
Under Nevada law, Nevada residents may submit a request directing us not to make certain disclosures of personal information we maintain about them.
To exercise this right, please contact us:
Online a [email protected]
California Privacy Rights
This section contains disclosures required by the California Consumer Privacy Act (“CCPA”) and applies only to “personal information” that is subject to the CCPA. Consumers with disabilities may access this notice by contacting customer service.
Personal information we collect, disclose for a business purpose, and sell
We collect the categories of personal information about California consumers identified in the chart below. 
Categories of Personal Information
Collected in the last 12 months:
Categories of sources from which information is collected:
Business or commercial purposes for collection, use, and sharing:
Disclosed for business purposes to the following categories of third parties:
Sold to the following categories of third parties:
Personal and online identifiers (such as first and last name, email address, or unique online identifiers)
Yes
All categories listed below.
All purposes listed below.
All categories listed below.
All categories listed below.
Categories of information described in Section 1798.80(e) of the California Civil Code (such as bank account number, credit card number, debit card number, or any other financial information)
Yes
All categories listed below.
All purposes listed below.
All categories listed below.
All categories listed below.
Commercial or transactions information (such as records of personal property or products or services purchased, obtained or considered)
Yes
All categories listed below.
All purposes listed below.
All categories listed below.
All categories listed below.
Internet or other electronic network activity information (such as browsing history, search history, interactions with a website, email, application, or advertisement)
Yes
All categories listed below.
All purposes listed below.
All categories listed below.
All categories listed below.
 
 
   
   
Categories of sources
We collect this personal information from the following categories of sources:
  • Consumers
  • Service Providers
Why we collect, use, and share California information
We use and disclose the personal information we collect for our commercial and business purposes as set out in this privacy policy. These commercial and business purposes include, without limitation:
  • Our commercial purposes, including marketing, advertising, and enabling commercial transactions.
  • Our business purposes as identified in the CCPA, which include:
    • Auditing related to our interactions with you
    • Legal compliance
    • Detecting and protecting against security incidents, fraud, and illegal activity
    • Debugging
    • Performing services (for us or our service provider) such as account servicing, processing orders and payments, and analytics
    • Internal research for technological improvement
    • Internal operations
    • Activities to maintain and improve our services
    • Other one-time uses
Recipients of California Personal Information
We sell the categories of personal information listed above to the categories of third parties listed below:
  • Service providers
  • Affiliates in our group companies
We disclose the categories of personal information listed above to the categories of third parties listed below for business purposes:
  • Service providers
  • Affiliates in our group companies
  • Advertising networks 
  • Internet service providers
  • Data analytics providers
  • Operating systems and platforms
  • Social networks
  • Government entities, if required to do so
Your Rights Regarding Personal Information
California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:
  • The right to know the categories and specific pieces of personal information we collect, use, disclose, and sell about you; the categories of sources from which we collected your personal information; our purposes for collecting or selling your personal information; the categories of your personal information that we have either sold or disclosed for a business purpose; and the categories of third parties with which we have shared personal information.
  • The right to request that we delete the personal information we have collected from you or maintain about you.
  • The right to opt out of our sale(s) of your personal information. Please note that if you opt out of certain types of sales, we will be unable to provide you with the services that rely on such sales.
  • The right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA.
To exercise any of the above rights, please contact us as follows:
  • By phone at (443) 499-6780
  • On our website by clicking on the “Do Not Sell My Info” link or by emailing us [email protected]
Verification Process and Authorized Agents
We may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled. At a minimum you will need to provide your name and email address.
You may designate an authorized agent to make a CCPA request on your behalf by informing our customer service team at (443) 499-6780. You will need to provide your name and address, your agent’s name and address, and a copy of the document by which you appointed the agent.
Minors’ Right to Opt In
We do not knowingly sell the personal information of minors under 16 years of age.
Contact for More Information
If you have any questions or concerns about our use of your personal information, please contact us [email protected]
Address:
Blue Beat Media, LLC
12122 Hooper Lane
Glen Arm, MD 21057
(443) 499-6780
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Policy against advertising our website using unsolicited email messages
We require that all emails promoting Blue Beat Media, 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 Blue Beat Media, LLC. Blue Beat Media, 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.”Blue Beat Media, LLC, 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, Blue Beat Media, 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 Blue Beat Media, 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 donovanhealth.com is advised of the possibility of such damages. Blue Beat Media, 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
Blue Beat Media, LLC does not endorse the content on any third-party Web sites. Blue Beat Media, 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 Blue Beat Media, 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 Blue Beat Media, LLC, or in any way relating to your use of donovanhealth.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 Blue Beat Media, 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
Blue Beat Media, LLC is based in Baltimore, Maryland, USA. Blue Beat Media, 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 donovanhealth.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 Blue Beat Media, LLC with respect to the use of our websites, and content. Your use of our websites is also subject to the Blue Beat Media, LLC privacy policy.
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Text Messages
The following Terms and Conditions apply to your use of the website located at donovanhealth.com (the “website”) and any text messages that you send to or receive from Blue Beat Media, LLC These Terms and Conditions constitute a binding agreement (“Agreement”) between you (“you”) and Donovan Health Solutions (“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 Donovan Health Solutions 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 Donovan Health Solutions, 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 (443) 255-8577 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. Donovan Health Solutions 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 Donovan Health Solutions 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 [email protected] 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
If you have any questions, concerns or complaints about this Privacy Policy, please contact us:
  • Blue Beat Media, LLC
  • 12122 Hooper Lane
    Glen Arm, MD 21057
  • (443) 499-6780
  • Contact by email