The Service provides individuals accessing it with general information on health care and other general content pertaining to health and wellness topics (“Content”) and access to wellness professionals and facilities offering their services via the Service (the “Practitioners”). The Service contains certain pages, sections, services, and content that are only available to registered members of the Veda Grace services, including a means to obtain video-chat or electronic messaging consultations for a range of medical issues by facilitating the connection between you and Practitioners through use of the Service. The Practitioners who deliver services through Veda Grace’s Service are independent professionals practicing within a group of independently owned professional practices. We do not practice medicine or any other licensed profession, and do not interfere with the practice of medicine or any other licensed profession by Practitioners, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Veda Grace nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Practitioner via the Services.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
THE SERVICE PROVIDES GENERAL HEALTH AND WELLNESS INFORMATION AND A MEANS TO INTERACT WITH PRACTITIONERS. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PRACTITIONER OR SERVICE, AND VEDA GRACE, ITSELF, DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATMENT. NONE OF THE CONTENT SHOULD BE CONSIDERED MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.
YOUR RELATIONSHIP WITH Veda Grace
Veda Grace does not provide any medical services, including via the Sites and Services. Rather, Veda Grace provides a technology platform for you to access a health care provider employed or contracted with Veda Grace, Inc. or similar affiliated professional entities and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with an affiliate health care provider through the Services, you are not entering into a provider-patient relationship with Veda Grace.
In some cases, an affiliated health care provider may use the Services to provide advice or treatment to you. A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Veda Grace strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Veda Grace may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that:
(I) any diagnosis you may receive is limited and, in some cases, provisional;
(II) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider;
(III) a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and
(IV) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury. For more information regarding the health care services offered by health care providers utilizing the Services, please visit www.vedagraceclinic.com.
If you receive a prescription as a result of the Services, one of our partner pharmacies (collectively, the “Veda Grace Pharmacy Network”) will ship your prescription. You give us consent to send and disclose to the Veda Grace Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.
Certain of our Services are currently only available to individuals located in certain states (“States Where We Operate”). For the current list of States Where We Operate, please visit www.vedagraceclinic.com/available-states.
By using the website, you affirm that you are of legal age to enter into this agreement or, if you are not, that you have obtained parental or guardian consent to enter into this agreement. notwithstanding the foregoing, minors under thirteen (13) years old are not permitted to access or use the website or to enter into this agreement, even if a parent or legal guardian would be willing to provide consent. A parent or legal guardian of an individual under the age of eighteen (18) may prohibit such individual’s use of the website. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe that such individual has used the website without your consent or authorization, please contact us at email@example.com.
REQUIREMENTS FOR USE
In order to qualify to use the Service, the following must be true:
SPECIAL CONSENT TO TELEHEALTH SERVICES
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider; Interactions between a patient and health care provider via audio, video, and/or data communications; and Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
ACCOUNTS AND REGISTRATION
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, including information like your name, gender, date of birth, allergies, medical history, and insurance. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, if any, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
INDEPENDENCE OF PRACTITIONERS
The professionals utilizing or featured on the Service are subscribers to and licensees of the Service and not employees of Veda Grace. Any opinions, advice, or information expressed by a health care facility, professional or specialist using or featured on the Service are of the facility, professional or specialist alone. They do not reflect the opinions of Veda Grace. Veda Grace does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Service or by a licensee of Veda Grace.
The inclusion of Practitioners on the Service or in any professional directory located on the Service does not imply recommendation or endorsement of such Practitioner nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Practitioner contained therein.
Such information is provided on an “as-is” basis and Veda Grace disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Veda Grace shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Service user) in reliance on information about Practitioners on the Service.
The use of the Service by any entity or individual to verify the credentials of Practitioners is prohibited.
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. Veda Grace may investigate any alleged or suspected violations and if a criminal violation is suspected, Veda Grace will cooperate with law enforcement agencies in their investigations.
LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED
We grant you the limited license
(a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and
(b) to access and make personal use of the Service. Except as expressly authorized in the preceding sentence, you may not download (other than for page caching) or modify the Service, or any portion of it, except with our express written consent. This license does not include: any resale or commercial use of the Service or the Content; any derivative use of the Service or the Content; or any use of data mining, robots, or similar data gathering and extraction tools.
Neither this Service nor any portion of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of Veda Grace without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent.
We (or the respective third-party owners of Content) retain all right, title, and interest in the Service and any Content and features offered on the Service, including any and all intellectual property rights. We (or the respective third- party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
LICENSE OF THE APP
INTELLECTUAL PROPERTY RIGHTS
Except as otherwise expressly stated, all Content appearing on the Service is the copyrighted work of Veda Grace or its third-party content providers and is protected by U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Service is also the exclusive property of Veda Grace and is protected by U.S. and international copyright laws.
Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from Service Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Veda Grace or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Veda Grace. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Veda Grace does not warrant or represent that your use of
Certain trademarks on the Service are the service marks and trademarks of Veda Grace or its licensees. The domain name for the Service, the Veda Grace logo and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of Veda Grace. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Service are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Service without the prior written authorization of Veda Grace.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page at the Service, must be obtained from Veda Grace or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from Veda Grace should be submitted via an email to email@example.com. All design rights, databases and compilation and other intellectual property rights associated with the Service, in each case whether registered or unregistered, and related goodwill, are proprietary to Veda Grace.
We and our suppliers own the Website, including the software, code, proprietary methods,
systems, content and any other intellectual property or proprietary rights used to operate the Website (the “Website IP”), which is protected by proprietary rights and laws. The Website IP also includes our trade names, trademarks and service marks, which include Veda Grace, and any associated logos. All Website IP on the Website not owned by us are the property of their respective owners. You may not use Website IP in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Except for the limited license set forth in Section 12, nothing contained on the Website should be construed as granting any right to use any Website IP without the express prior written consent of the owner.
OUR RIGHT TO USE USER-PROVIDED CONTENT
We may, in our sole discretion, permit you to post or submit content and other materials through the Service (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non- exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for the purpose of providing the Service to you. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you.
You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.
Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Veda Grace respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Veda Grace asks our users to do the same. Veda Grace therefore employs measures to prevent copyright and other intellectual property infringement on the Site. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:
Copyright Officer Veda Grace, Inc.
1452 E 53rd St, Suite 1208, Chicago, IL 60611
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Service are covered by the notice, a representative list of such works; Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Veda Grace to locate the material; Information reasonably sufficient to permit Veda Grace to contact you, such as your name, address, telephone number and email address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
We will promptly terminate without notice the accounts of users that are determined by us to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice or has had User-Provided Content removed from the Service more than twice.
Any use or attempted use of the Service
(i) for any unlawful, unauthorized, fraudulent or malicious purpose,
(ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server,
(iii) that could interfere with any other party’s use and enjoyment of the Service,
(iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means,
(v) to access systems, data, or information not intended by Veda Grace to be made accessible to a user,
(vi) to obtain any materials, or information through any means not intentionally made available by Veda Grace,
(vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or
(viii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Service, you agree you will not:
(a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
(b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Veda Grace representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
(d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another;
(e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
(f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
(g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise;
(h) violate any applicable local, state, national or international law;
(i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
(j) delete or revise any material posted by any other person or entity;
(k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology;
(l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems;
(m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
(n) harvest or otherwise collect information about others, including email addresses;
(o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy any content or information on the Service; or
(p) assist or permit any person in engaging in any of these activities.
In connection with the Website, you must not:
Contact or seek to contact any healthcare professional associated with Company outside of the Website. This is in order to protect both patients and healthcare professionals and to ensure that diagnosis and treatment is delivered in a reliable, continuous and controlled environment.
Post, transmit or otherwise make available through or in connection with the Website any materials that are or may be:
(a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others;
(b) defamatory, libelous, fraudulent or otherwise tortious;
(c) obscene, indecent, pornographic or otherwise objectionable; or
(d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
Allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication.
Use the Website for any commercial purpose or for any purpose that is fraudulent or otherwise unlawful.
Create a false identity for the purpose of misleading others, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity. Harvest or collect information about users of the Website.
Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Website.
Infringe the patent, trademark, trade secret, copyright or other intellectual property or other rights of another person or entity.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Website except as expressly authorized herein or otherwise use the Website for the benefit of a third party or to operate a service bureau, without Company’s express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Website. Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, without Company’s express prior written consent. Systematically download and store Website content.
Attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into or used in connection with the Website.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Website content, or reproduce or circumvent the navigational structure or presentation of the Website, without Company’s express prior written consent.
“Frame” or “mirror” any Veda Grace content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
In connection with the Website, you shall notify Company immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in the information or content provided through the Website and to comply with any corrective action taken by Company.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Website.
Veda Grace reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Veda Grace may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
RIGHT TO MONITOR
Veda Grace shall have the right, but not the obligation, to monitor use of the Service and to remove from the Service any materials that Veda Grace, in its sole discretion, believes
(i) are inappropriate,
(ii) are illegal,
(iv) otherwise inconsistent with Veda Grace’s purpose for the Site.
NO VEDA GRACE EDITORIAL CONTROL OF THIRD-PARTY CONTENT; NO STATEMENT AS TO ACCURACY
To the extent that any of the Content included in the Service is provided by third-party content providers, Practitioners, or other Service users, Veda Grace has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third-party suppliers or users on the Service are those of such professional, third-party suppliers or users, respectively. Veda Grace does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Service or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Veda Grace.
LINKS TO THIRD-PARTY SITES
As you view the Service, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the Service. Certain of these linked websites may make use of Veda Grace’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from the Veda Grace. Veda Grace is not responsible for the availability or content, products, services or other materials of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Veda Grace of the organizations sponsoring such third-party websites or their products or services. Veda Grace shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Veda Grace is not responsible for the privacy practices of any other websites.
Certain Website functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
Your interactions with entities or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that Veda Grace shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Service, or between users and any third party, you understand and agree that Veda Grace is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Veda Grace, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.
The Website may make available listings, descriptions and images of goods or services or related coupons, discounts or trials of goods or services (collectively, “Products”), as well as references and links to Products. The availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.
We may make available the ability to
(i) communicate with a healthcare provider and
(ii) purchase or otherwise obtain certain Products through the Website, including trials of goods or services (both (i) and (ii) referred to as a “Transaction”).
If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card or other payment information that you submit in connection with a Transaction. By submitting such information, you hereby authorize Company to charge you and grant to us the right to provide such information to third parties for purposes of facilitating Transactions, including through BigCommerce Pty., Ltd. (“BigCommerce”), Company’s third-party payment processing service. Verification of information may be required prior to the acknowledgment or completion of any Transaction. If your payment method fails or fees associated with your Account are past due, we may collect fees owed using other collection mechanisms, include charging other payment methods on file (including with BigCommerce) and/or retaining collection agencies and legal counsel. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. We reserve the right to change the types of Transactions for which we charge, and we reserve the right to charge for consultations with your healthcare provider. Trials and subscriptions of Products or services are subject to the terms and conditions applicable to such trials and subscriptions available on the Website. Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, trial or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Company’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or service. Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Website. All Transactions are made pursuant to a shipment contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.
You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care
organization(s) or provider(s). Your payments to Veda Grace may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Veda Grace collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Veda Grace and you may be separately charged by the applicable health care providers for such services. In the event that your credit card expires or Veda Grace, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Veda Grace and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
Veda Grace’ relationship with its third-party payment processing vendor(s), if any, is merely contractual in nature, as it is nothing more than a third-party vendor and is in no way subject Veda Grace’ direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors or the like.
SPECIAL NOTICE TO MEDICARE AND MEDICAID BENEFICIARIES
Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services performed by affiliated health care organizations or providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that:
(1) you will pay directly for any medical services and products provided to you, and
(2) neither Veda Grace nor any Veda Grace affiliated health care organization or provider will bill any federal or state health care program for such medical services or products. We strive for transparency in the costs for any medical services and products that you may obtain through the Services, and, as such, you can find specific pricing information at vedagraceclinic.com/pricing.
Content and other information contained on the Service is provided by Veda Grace as a convenience. Users relying on Content or other information from the Service do so at their own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, VEDA GRACE DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. VEDA GRACE MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THE SECTION TITLED “DISPUTE RESOLUTION AND ARBITRATION,” TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VEDA GRACE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VEDA GRACE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, VEDA GRACE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER VEDA GRACE NOR ANY THIRD PARTIES MENTIONED ON THE SERVICE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE.
When you visit the Service or send emails to us, you are communicating with us electronically. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Service (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications through SMS text message by replying “STOP,” calling Veda Grace support at 312-471-0740, or emailing us at firstname.lastname@example.org.
You agree that if you reach out to Veda Grace on social media for a medically related concern, we will respond telling you that we need to speak on a secure channel. In the process of doing so, you understand and agree that we may be identifying you as Veda Grace’s patient.
You hereby expressly consent to Veda Grace sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as Veda Grace deems appropriate in its sole discretion, whether through the Site, through the App, through your User Account, by personal communication, by e-mail, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any Veda Grace products or services.
You may opt-out of receiving any e-mails any time by following the opt-out instructions in any such e-mails you have received and would like to opt-out of. You may also opt-out of receiving certain e-mails by managing your electronic communication preferences through your User Account. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, the App, your User Account, Veda Grace’ products or services, and/or your ability to receive certain messages and/or notifications from Veda Grace.
You may opt-out of receiving any text messages (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) at any time by following the opt-out instructions in any such text messages you have received and would like to opt-out of. You may also opt-out of receiving certain text messages by managing your electronic communication preferences
through your User Account. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, the App, your User Account, Veda Grace’ products or services, and/or your ability to receive certain messages and/or notifications from Veda Grace.
You may opt-out of receiving any communications besides those described above at any time by providing Veda Grace with an e-mail to email@example.com, with a subject line of “Opt-Out of Communications,” a list in the body of the e-mail that identifies the specific type of communication(s) that is the subject of your opt-out request (e.g., communications by automatic telephone dialing system), and a list in the body of the e-mail that identifies the telephone number(s) or e-mail address(es) (as applicable depending on the specific type of communication(s) that is the subject of your opt-out request) belonging to you which are the subject of your opt-out request. You may also opt-out of receiving certain of those communications by managing your electronic communication preferences through your User Account. You acknowledge that opting out of receiving any of those communications may impact your receipt, the success, and/or the performance of all or any part of the Site, the App, your User Account, Veda Grace’ products or services, and/or your ability to receive certain messages and/or notifications from Veda Grace.
CONSTRUCTION AND INTERPRETATION
This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit or describe the scope, intent, terms or conditions of this Agreement. If any term or condition of this Agreement is deemed invalid or unenforceable by a court of law or arbitrator (as applicable) with binding authority, then the remaining terms and conditions shall not be affected, and said court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.
GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS
This Service is controlled and operated by Veda Grace from our offices within Illinois, United States of America. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
and binding arbitration in Chicago, IL under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree that the courts located in Delaware shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.
DISPUTE RESOLUTION AND ARBITRATION
NOTICE OF ARBITRATION; PROCESS.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Veda Grace’s address for Notice is: Veda Grace, Inc. 1452 E 53rd St, Suite 1208, Chicago, IL. The Notice of Arbitration must:
(a) describe the nature and basis of the claim or dispute; and
(b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Veda Grace may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Veda Grace must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Veda Grace in settlement of the dispute prior to the award, Veda Grace will pay to you the higher of:
(i) the amount awarded by the arbitrator; or
(a) solely on the basis of documents submitted to the arbitrator;
(b) through a non-appearance based telephone hearing; or
(c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Veda Grace for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
NO CLASS ACTIONS.
YOU AND VEDA GRACE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Veda Grace agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
MODIFICATIONS TO THIS ARBITRATION PROVISION.
If Veda Grace makes any future change to this arbitration provision, other than a change to Veda Grace’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Veda Grace’s address for Notice of Arbitration, in which case your account with Veda Grace will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
NO AGENCY RELATIONSHIP
The Website is controlled or operated (or both) from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Website may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Website is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Website’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
You understand that the teledermatology services and any customized prescription products made available through the Website are provided by U.S. licensed medical providers rather than by Company and that Company is not itself a healthcare provider.
You understand that the Website and Products facilitate dermatology consultations limited to the diagnosis and treatment of cosmetic skin conditions, and not for any other medical or dermatological conditions, including skin cancer.
You understand that the Website is not a substitute for the in-person treatment or advice of your local dermatologist, primary care physician or any other qualified healthcare professional.
You understand that you should never delay seeking advice from your dermatologist, primary care physician or any other health professionals due to any diagnosis, advice or primary care physician or any other health professionals due to any diagnosis, advice or other information provided (or the omission of any such information) by Company, the Website or the Products, or a healthcare provider through Company, the Website or the Products.
You understand that the Website is not to be used in connection with medical emergencies. If you are experiencing a medical crisis, please call 9-1-1 or contact your local emergency assistance services immediately. If you are not feeling well, please contact your primary care physician.
You understand that Veda Grace undertakes no obligation to review the inactive ingredients and/or the base ingredients in any product that is recommended or sold to you through the Website, including, without limitation, to ascertain that you are not allergic to such inactive or base ingredients. You further understand that it is solely your responsibility to review those ingredients, as listed on the Website.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not
(a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or
(b) on any of the U.S. government lists of restricted end users.
NOTICE REGARDING APPLE
(a) product liability claims;
(b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM