Terms of Use - Privacy Policy

 

 

WE COLLECT PERSONAL INFORMATION: 

  • from our clients – when they register an enquiry, request an assessment for the purposes of dietary advice, purchase a course, or associated package, purchase a product, or otherwise in the course of providing our Services at any other time from time-to-time.
  • when we receive enquiries through the Website or when the Website is otherwise accessed or used;
  • when we receive enquiries via email; and
  • from third party service providers – when they are engaged to supply Services to us (such as professional services), provide information to us or invoice us for the provision of services.

The kind of personal information we may collect will depend on who you are (e.g. a client or third party service provider) and the nature of your interaction with us, and may include your full name, email address, postal or residential address, age, height, weight, exercise levels, biochemistry, medical history, medication and supplement use and any current medical conditions or allergies/intolerances. It may also include billing information and other personal information, including details of your current health care providers, and from time-to-time, health information about you from our other health care providers. If you do not provide us with all the information we request, we may not be able to deliver our Services.

Some personal information we collect may include health information. We collect health information from clients for the purposes of providing dietary advice and courses. This enables us to safely, appropriately and accurately provide our Services and assess the needs of our client in the provision of our Services and to generally assist in optimizing the quality of our service.

CONSENT AND AUTHORIZATION

By engaging us or registering your details on our Website, and/or using our Website or supplying information or documents to us or otherwise engaging our Services, you consent to us collecting, using and disclosing your personal information (including health information) for the purposes specified in this Privacy Policy.

We may use any personal information collected (excluding health information) to provide our Services, operate the Website, send you our newsletter, respond to feedback and complaints, communicate with third party service providers, develop new Services, or if needed to enforce our Terms and Conditions of Use with you. If you are a third-party service provider, we will use your personal information to email you to accept your offer to provide Services, correspond with you in relation to the provision of Services and to pay your invoices.

In all cases, unless you have opted out, you consent to us using your personal information (excluding health information) for direct marketing purposes in order to tell you about our Services. We may contact you by mail, telephone, email or SMS to market our products and Services. We will always give you the opportunity to opt out of receiving any future direct marketing correspondence.

HEALTH INFORMATION

We comply with the Health Privacy Principles in the collection, use and disclosure of all health information. We may collect your health information:

  • from our clients when they request an assessment for the purposes of dietary advice, and/or purchase a course or associated package;
  • from the health care providers of our clients in accordance with the authorization contained in this Privacy Policy;
  • as necessary for the provision of our Services, but only as necessary for the provision of our Services, or as otherwise in accordance with your consent, or as may be required by law including Court order;
  • only from you (or from someone authorised by you) (including your caregiver if you have one);
  • with care, taking reasonable steps to ensure your information remains confidential and that any persons we disclose it to in accordance with this Privacy Policy are also required to keep it confidential;
  • with accuracy, on the basis that you may at any time request a copy of the health information that we hold by emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it.
  • in the event our records are found to be inaccurate, we will rectify any inaccuracies on the basis of the further information you provide.

DISCLOSURE AND SHARING

We may disclose personal information (excluding health information) to third parties for purposes associated with your purchase of our Services and to third party service providers we engage to help us deliver our Services and for marketing purposes. We will only disclose personal information to additional third parties with your consent or if permitted or authorized

to do so by law. By submitting personal information to us, you acknowledge that, provided we have used your personal information in the ways set out in this Privacy Policy, we cannot be held responsible for any use of your data by third parties located overseas who receive and process your data. We may disclose your health information to your health care providers in accordance with the provision of our Services and as authorized by you under this Privacy Policy.

DATA SECURITY AND QUALITY

We will take reasonable steps to protect the personal information we collect and hold from misuse, loss and interference and from unauthorised access and modification, and to make sure it is accurate,complete and up-to-date when we collect, use or disclose it.

To assist us, please ensure you provide us with your correct details, and let us know if you believe the information we have about you is inaccurate, incomplete, out of date or misleading (and we will take reasonable steps to correct the information). We may take steps to destroy or permanently de-identify information when it is no longer needed for any purpose for which it may be used or disclosed. We may retain and use de-identified information.

COOKIES

We may use “cookies”; technology to store data on your computer using the functionality of your browser. Many Websites do this because cookies allow the Website publisher to do useful things like find out whether the computer has visited the Website before.

You can modify your browser to prevent cookie use – but if you do this our service (and our Website) may not work properly. The information stored in the cookie is used to identify you. This enables us to operate an efficient service and to track the patterns of behavior of visitors

to our Website. In the course of serving advertisements to our Website (if any), third-party advertisers or ad servers may place or recognize a unique cookie on your browser. The use of cookies by such third-party advertisers or ad servers is not subject to this Privacy Policy but is subject to their own respective privacy policies.  

ACCESS, CORRECTION AND COMPLAINTS

You can request, and we will provide you with access to, any personal information we hold about you (including any health information) (subject to any applicable legal exceptions). Please also let us know if you have any concerns or complaints about the way we are handling your personal information so we can address them. Requests should be submitted by email to This email address is being protected from spambots. You need JavaScript enabled to view it..  Where our records are found to be inaccurate, we will promptly rectify any inaccuracies on the basis of the further information you provide. 

TRANSFER IN CERTAIN CIRCUMSTANCES

If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of us then, in our sole discretion, we may transfer, sell or assign personal information collected to one or more relevant third parties.

Changes to this Privacy Policy

This Privacy Policy forms part of our Terms and Conditions of Use and therefore the agreement between you and us (either in your capacity as a client or a third-party service provider). We may, from time to time, amend this Privacy Policy, in whole or part, in our sole discretion. Any changes to this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy on www.veriwell.co . Depending on the nature of the change, we may announce the change on the www.veriwell.co homepage or by email (if we have your email address). However, in any event, by continuing to use the Website and/or our service following any changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, as amended from time to time, in whole or part, you must terminate your use of the Website and inform us immediately prior to any further receipt of our Services.

 

Terms and Conditions of Use

 

  1. Your Acceptance

The following terms and conditions and website terms of use relate to the provision of any services or sale of products (including downloadable material) from VeriWell.co (“Site”) or from us personally (together, “Services”) (“Terms and Conditions of Use”). These Terms and Conditions of Use constitute an agreement between Angela Veri Babuschak trading as VeriWell (“VeriWell”, “FGE”, “us”, “we”, “our” “I”), the owner and operator of the Site and any Services, and you (“you”, “your” or “user(s)”), a user of the Site and/or Services (“Agreement”).

By using our Site and/or any Services you agree to be bound by this Agreement, and our Privacy Policy. We may amend this Agreement or our Privacy Policy and will notify you if we do so. If you do not agree to the terms and conditions contained in this Agreement or our Privacy Policy (or any subsequent amendments) you must cease using our Site and Services immediately.

Users must be 18 years or older to purchase any of our products or Services.

 

PART A: USE OF OUR SERVICES

  1. Requirement to Obtain Professional Medical Advice
  • All content on our Site and/or provided via our Services is for informational and educational purposes only.
  • Any statements appearing on our Site or in our Services have not been evaluated by any other national or international agencies.
  • None of the content or products offered on our Site and/or provided via our Services are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.
  • The products and content found on the Site and/or provided via our Services are not intended as a substitute for the advice provided by your doctor or other healthcare professional.
  • You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services.
  • If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition or are pregnant or breastfeeding, you should contact your health care provider before using our Services.
  • Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare provider because something you have read on our Site and/or provided via our Services.
  • You should be in good health and physically fit when using our product or Service. If you are not in good health or physically fit, you must obtain your doctor’s consent before using our product or Services, failure to do so may result in adverse health consequences.
  • Please seek medical advice in regards to your health conditions and physical fitness.
  • If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

  1. Our Reliance on Your Accuracy of Information
  • You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Site and/or provided via our Services. Our Services may not be suitable to your particular circumstances.
  • You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
  • You warrant the truth, accuracy, currency and completeness of any information you provide us.

  1. Nutritional Information

Nutritional information provided on our Site and/or provided via our Services is based on extensive research. Before relying on any nutritional information on our Site and/or provided via our Services, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.

Nutrient data published on our Site or through our Services may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach. 

 

  1. Fitness Level

Persons with pre-existing medical conditions, in poor health, or with any concerns as to the commencement of new fitness or dietary regime should consult with an appropriate healthcare professional before beginning any fitness or dietary program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Site and/or provided via our Services. Our Services may not be suitable to your particular circumstances and are not a substitute for obtaining specific advice from a qualified healthcare professional.

You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Site, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.

 

  1. Personal Information

We are required to collect such personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details such as name, email address and postcode together with certain health information; not limited to your age range, height, weight, exercise levels, biochemistry, medical history, medication and supplement use. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.

You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.

By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it. with ‘unsubscribe’ in your email’s subject.

 

  1. User Accounts

We may assign you a username/password and account information in order to enable you to access and use certain areas of our Site or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorised to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorization or source of any such access or use of our Site.

You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our Site using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Site through such access or use of your Login.

You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of our Site’s security you may be aware of.

 

  1. Payment

We use a secure online payment system.

In order to purchase any of our Services (including any products) you will be required to provide us with your credit card information. Please be aware that when purchasing through our Site, all credit card information may be shared with our third party payment processors such as Square or Acuity or Practice Better. By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.

All orders must be prepaid. Orders will only be sent out or available for download (for electronic products, such as eBooks) after full payment of the total amount is cleared.

You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards

The prices for Services provided under this Agreement will be as advised to you at the time you apply for the Services, or as otherwise advised to you at the time of purchase from us. All prices are in US Dollars unless otherwise stated.

From time to time we may issue promotional or discount codes for use for purchases via our Site. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

All Services (including any goods and electronic products) available from our Site or otherwise purchased from us are subject to consumer protections under the US Bureau of Consumer Protection.

 

  1. Bookings, Refunds and Cancellations

Any appointment bookings made with us require a minimum of 24 hours’ notice of cancellation during business days to be eligible for a full refund should you wish to cancel your appointment. If you wish to change your appointment time, we require a minimum of 24 hours’ notice during business days.

Your rights to refund or replacement (if applicable) in respect of our Services are as prescribed under the “consumer guarantees” as defined by The Massachusetts Consumer Protection Law, Massachusetts General Laws Chapter 93A. In the event of any defect with the Services (including any products) that you have purchased on or through our Site, your remedies will be as prescribed under Massachusetts Consumer Protection Law and our liability will be limited to replacement of the Services (including any products) in question (where applicable), or refund to the value of those Services (or goods). If you believe any of the Services including any products purchased on or through our Site contain a defect, you must notify us immediately by emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it..

 

Part B: WEBSITE TERMS OF USE

  1. Specific Warnings

You must not access or use our Site (a) in a way that violates these Terms and Conditions of Use, (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person. You must take your own precautions to ensure that the process which you employ for accessing our Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of our Site or any linked or third party website (“Third Party Website”). Whilst we have no reason to believe that any information contained on our Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Site updated. Responsibility for the content of advertisements appearing on our Site (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

 

  1. Copyright

Unless otherwise indicated, copyright and other intellectual property rights in our Site (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) and copyright in all electronic products including eBooks and any other downloadable material is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Law of United States and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions of Use, you may not in any form or by any means:

  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Site or any of our electronic products or downloadable material; or
  2. commercialise any information, products or services obtained from any part of our Site or any of our electronic products or downloadable material, without our written permission.

All trademarks appearing on our Site belong to their respective owners.

You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.

By uploading, transmitting, posting or otherwise making available any material via the Site and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright  Law of the United States.

 

  1. Our Licence Grant To You

We make our Services available to you through our Site. When you use our Services, we grant you a personal, non-exclusive, revocable, limited licence to use our Services and access our Site. This means you may not resell our Services anywhere else, share your licence to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.

This licence may be terminated if you violate any provisions listed in these Terms and Conditions of Use, or our Privacy Policy. Additionally, this license may be terminated if you are engaged in any activities that may damage the rights or if your activities are in violation of any applicable laws. If you wish to terminate this license you should stop using our Service and accessing our Site or notify us.

 

  1. Use of Our Site: Restricted Use

When using our Site or Services, you are responsible for your use and for any use of our Site or Services made using your device. You also agree that your use of our Site or Services is for personal non-commercial use. You agree not to access, copy, or otherwise use our Site or Services, including our intellectual property and trademarks, except as authorised by these Terms and Conditions of Use or as otherwise authorised in writing by us.  Unless we agree otherwise in writing, you are provided with access to our Site only for your personal use. You may not without our written permission on-sell information obtained from our Site.

You agree:

  • You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You will not collect or harvest any personally identifiable information, including account names, from the Service;
  • You will not stalk, harass, bully or harm another individual who uses our Site or Service;
  • You will not upload, post, transmit or otherwise make available any material that:
    • is not your original work, or which may infringe the intellectual property or other rights of another person;
    • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
    • includes an image or personal information of another person unless you have their consent;
    • you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
    • contains large amounts of untargeted, unwanted or repetitive content; or
    • contains financial, legal, medical or other professional advice.
  • You will not impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • You will not hold VeriWell (or FGE) responsible for your use of our Site;
  • You will not violate any requirements, procedures, policies or regulations of networks connected to VeriWell (FGE);
  • You will not interfere with or disrupt the Site or Service;
  • You will not hack, spam or phish us or other users;
  • You will provide truthful and accurate content;
  • You will not violate any law or regulation and you are responsible for such violations;
  • You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
  • You will not cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; and
  • You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.

If you believe that a user has breached any of the above conditions, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.. 

  • We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
  • We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
  • You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions of Use, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions of Use, on the part of you or any of your Affiliates.

  1. Linked Websites / Third Party Websites

Our Site may contain links to Third Party Websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Third Party Websites. Our links with Third Party Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Third Party Websites, or of any information, graphics, materials, products or services referred to or contained on those Third Party Websites (“Third Party Content”), unless and to the extent stipulated to the contrary.

 

  1. Modification Of Service

We reserve the right to alter, update, or remove our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, legal or other purposes.

We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone.

 

  1. Disclaimers

To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Services (including any products listed or purchased on or through our Site). Except for the purposes of consumer guarantees under the Massachusetts Consumer Protection Law, we hereby expressly disclaim all liability for our Service, and for product defects or failures, claims that are due to your use of our Service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In regards to any breach or failure to comply with any consumer guarantees under the Massachusetts Consumer Protection Law, we may replace any goods or supply equivalent goods such as repair such goods. For any services, we may resupply the service or pay for the service to be supplied again.

 

  1. Limitations and Liability
  1. Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, we do not assume any responsibility or liability for any damages to you. In no event will we, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Site or any Services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this Site, any web sites linked to this Site, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
  2. For the purposes of the following clause, in addition to the defined terms above “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.
  3. With the exception of Consumer Guarantees, we exclude:

(i)  any term, condition or warranty that may otherwise be implied by custom, law or statute;

(ii)  any liability for loss caused by our negligence; and

(iii)  any liability for Consequential Loss.

  • To the extent permitted by law, our liability in respect of any breach of or failure to comply with any consumer guarantee is limited, at our option to any one or more of the following:

(i)  In the case of goods, to:

(A)    the replacement of the goods or the supply of equivalent goods;

(B) the repair of the goods;

(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(D) the payment of the cost of having the goods repaired.

(ii)  In the case of services, to:

(A) the supplying of the services again; or

(B) the payment of the cost of having the services supplied again.

In the event of any problem with the Services (including any products) that you have purchased on or through this Site or otherwise from us, you agree that your sole remedy is to seek a return and refund for such Services (including any products) in accordance with the returns and refunds policies posted on our Site.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this Agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than US $100 or the total amount you spent while using our Site, Services (and any products) within the last six months, whichever is greater.

 

  1. Indemnity

You agree to defend, indemnify and hold harmless VeriWell its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • your use of and access to our Site and Service;
  • your violation of any term or condition of this Agreement;
  • your violation of any term of condition of our Privacy Policy;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that any of your use caused damage to a third party.

This indemnity will survive this Agreement and your use of our Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor fees, court costs, and disbursements including in relation to the settlement of any claim.

 

  1. Privacy and Child Protection

We comply with the The Health Insurance Portability and Accountability Act of 1996 (HIPPA) when handling personal information which is health information.

 VeriWell complies with all United States Child Protection legislation to the extent applicable.

 

  1. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of Massachusetts.

If you bring a dispute in a manner a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements

 

  1. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

 

  1. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.

 

  1. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

  1. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

 

  1. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service.

 

  1. Electronic Communications

We use electronic means of communication, whether you visit the Site or Service or send us emails, or whether we post notices on the Site or Service or communications with you via email. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

 

  1. General
    1. This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.
    2. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
    3. No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
    4. The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.