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Terms & Conditions
Verboso LLC
Effective Date: May 6, 2021
Verboso LLC (“Verboso” the “Company”, “we”, “our” or “us”) provides services, including access to teletherapy services with our therapists (the “Teletherapy Service”), through our application the Verboso Portal (the “Portal”),through a third-party application (“Third Party Application”), our therapy games that can be accessed via the Portal or the Apple App Store or Google Play Store (the “Games”) and/or our websites at verboso.com, verbosotherapy.com and its subdomains (the “Website” and together with the Portal, the Games and the Third Party Application, the “Platform”). We also provide access to just the Platform via our Game Pass subscription (the “Game Pass”). Use of the Platform, the Game Pass and the Teletherapy Services (collectively, the “Services”) is governed by these terms and conditions of use (the “Agreement”). Please read this Agreement carefully before accessing or using the Services.
1. Agreement to Terms and Privacy Policy
By accessing or using the Services, you agree to be bound by this Agreement as drafted at the time of your access or use, and to use the Services in accordance with the terms and conditions of this Agreement, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific features of the Services, or to products or services that we make available to you through the Services (all of which are deemed part of this Agreement). If you do not agree to the terms and conditions of use for the Services as set forth in this Agreement, you may not use the Services.
If we need to change the terms of this Agreement in the future, we will post an updated Agreement through our Platform or Website and update the “Effective Date” to reflect the date of the changes. You agree to review this Agreement frequently so that you are aware of any modifications made to this Agreement. By continuing to access or use the Services after we post such changes, you agree to the terms of this Agreement, as modified.
2. Services Provided by Verboso
Teletherapy Services
Verboso provides a platform to connect you with speech-language pathologists for remote therapy services and delivers the Teletherapy Service to you through these therapists and the Platform. In addition, the Platform allows you to access therapy exercises to work on either during your session or in-between sessions. The Platform also allows parents and therapist to review therapy session data.
In states where Verboso therapists are not licensed, the “Services” as used in this Agreement refers only to our Platform, Website and related content and does not refer to the Teletherapy Service.
Game Pass
Verboso offers its Game Pass subscription. This allows you to subscribe to access the Portal and the Verboso’s Games. The Game Pass does not provide access to the Teletherapy Services.
Availability of Services
Verboso is actively working to make its Services available to all locations. However, due to numerous factors including, but not limited to, local laws and regulations, the Services may not be available in all locations and Verboso reserves the right to deny access to its Services.
In states where Verboso therapists are not licensed, the “Services” as used in this Agreement refers only to our Platform, Website and related content and does not refer to the Teletherapy Service.
3. The Therapists,Teletherapy Services and Game Pass
The Platform may be used to connect you with Teletherapy Services with a therapist licensed in your state. It is important that you provide accurate information regarding your location so that we can ensure Teletherapy Services are available in your location. If you move or are receiving Teletherapy Services at a different location then you provided to us, you agree that you will promptly notify us. We reserve the right to deny services to locations where we do not have a licensed therapist.
You understand, agree and acknowledge that the Services may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
4. Privacy
Your use of the Services is subject to our Privacy Policy. Please review this policy carefully so you understand how we handle your information.
5. Using the Platform
Teletherapy Services
To use the Teletherapy Services and the Platform, you first need to sign up for a screening or evaluation with a Verboso therapist. When signing up, you are obligated to provide us with certain information, such as your name, address, date of birth and credit card information. You will be asked to provide additional consent to, among other things, the use of the Services and any collection of data that arises from the use of the Services. You will also be asked to pay for the first session in advance, as discussed in further detail under the Subscription, Payment and Other Fees section. Upon successful completion of the sign up process, we will provide you with a personal account, accessible for you with a password of your choice.
You will also be required to provide us with the name of the adult guardian which will be present during all appointments (“Therapy Guardian”), their age and relationship to the client.
Failure to have the designated Therapy Guardian present for a therapy session will result in the session being cancelled by the therapist, deemed a No-Show and billed according to the No Show rate detailed in the Attendance & Cancellation section below. If you plan on having a different guardian present other than the designated Therapy Guardian we have on file you must notify the therapist and provide their name, age and relationship to the client.
For children aged 14 or older, you can sign a consent form for your child to participate in therapy sessions without a Therapy Guardian or with a Therapy Guardian who is not over 18.
Game Pass
To use the Game Pass you will be required to create an account and provide us with certain information, including your name, email address, date of birth and credit card information. We will use this credit card information to provide verifiable parental consent, as required, and to pay for your monthly subscription, as discussed in further detail under the Subscription, Payment and Other Fees section.
Upon successful completion of the sign up process, we will provide you with a personal account, accessible for you with a password of your choice.
General
By using the Platform and the Services, 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.
DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICES.
6. Your Account
Once you create an account through the Portal, you will have a unique username and password. You can use this account information to log into the portal, view therapy progress, engage in therapy practice, pay for services and update your account information. You agree to keep your username and password secure and not share it with a third party.
7. Account Suspension
If you have not paid for services in 60 days we will suspend your account.
8. Your Use of the Services
You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason. You may only access the Services using authorized means. We are not liable if you do not have a compatible device or if you access the wrong version of the Platform for your device.
By accessing or using the Services, you further agree that:
You will only use the Services for your sole, personal use and you will not resell them to a third party; you will not copy or distribute the Services or other Services content; you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party; you will not use the Services for any purpose in violation of local, state, federal or international laws; you will not use the Services as a means to distribute advertising or other unsolicited material to any third party; you will not impersonate another person; you will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion; you will comply with all applicable third party terms of agreement when using the Services; you represent and warrant that the information you provide to us is accurate and complete, especially the information you provide regarding the location you are receiving Teletherapy Services at. You further agree to update us to any change in the location you will be receiving Teletherapy Services at; you agree to not knowingly use the Teletherapy Services from a state where Verboso therapists are not licensed; you confirm and agree to use only debit or credit cards (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct; you confirm and agree that when using Payment Means as a form of verifiable parental consent to consent to your child’s use of the Services, that you will use a Payment Means which you are duly and fully authorized to use, and to which you have access to its records; you confirm and agree that when providing verifiable parental consent for a child that you are in-fact that child’s guardian and you have the authority to provide such consent; you agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information; you agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your passwords, accounts and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password; you will ensure that no unauthorized person shall have access to your device or your Verboso passwords or accounts; you agree to notify us immediately in the event your Account Access has been compromised or any other concern for breach of your account security. You will promptly notify us; you will not assign or otherwise transfer your account to any other person or entity; you agree and commit not to make any use of the Platform for the posting, sending or delivering of malicious software or code; and you will not try to harm the Services or impair the proper operation of the network in any way whatsoever. We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.
Alpha Testing of the Game Pass
You acknowledge that the Game Pass is currently in alpha testing. Due to the nature of software in this stage of development, you futher accept and acknowledge that:
Verboso has no obligation to develop or provide any updates or revisions to the Game Pass, and Verboso reserves the right to alter or adjust performance specifications for the Game Pass as it deems necessary or desirable. Verboso is under no obligation to provide technical support for the Game Pass. Verboso reserves the right to discontinue the Game Pass at any time. In the event of the discontinuation of the Game Pass, Verboso will provide reasonable notice to you.
Notwithstanding the foregoing, you understand that the Game Pass may be unavailable from time to time so that Verboso may make updates and fix bugs and make other updates to the Services.
As an alpha tester, you will promptly notify us of any and all functional flaws, errors, bugs, anomalies, and problems directly or indirectly associated with the Game Pass that become known to or discovered by you. You agree that from time to time we will ask you to provide feedback on, among other things, the performance of the Game Pass and that you will provide Verboso with such feedback via the methods designated by Verboso.
Any feedback, ideas, modifications, suggestions, improvements, and the like made by you with respect to the Game Pass (“Supportive Information”) will be the property of Verboso. you agree to assign, and hereby assigns, all right, title, and interest worldwide in the Supportive Information and the related intellectual property rights to Verboso. Verboso may disclose or use Supportive Information for any purposes whatsoever without any obligation to you.
Due to the early nature of the Game Pass, as an alpha tester you agree that you will not post a review, opinion, copies, pictures, screenshots or videos of any materials you receive in any form (including social media), unless otherwise indicated or requested by Verboso, or if Verboso indicates the Game Pass is no longer in alpha testing (or any other testing phase, such as Beta).
9. Subscription, Payment and Other Fees
We reserve the right to require payment for the fees for the Services or certain features of the Services.
Subscription Payments
We offer different subscription options, each with a varying scope of services and fees. You must select your desired subscription option from the available list on the Website. The terms of your selected subscription option can be found on our Website. Subscription options may change from time to time, and you will receive at least thirty (30) days’ advance notice of such changes. However, you are entitled to the full scope of your subscription option as it existed as of the effective date of a specific subscription term for the duration of such term. For any subsequent renewal term, you may accept the revised subscription option or reject such option and terminate your subscription. You acknowledge that these rates may be modified or updated at any time. It is your own responsibility to remain informed about the current rates for the Services made available through the Platform. After selecting the subscription that works for your family. You will be asked to schedule a mutually available time(s) for recurring session(s) based on your selected subscription option. You will be automatically billed monthly on a recurring basis.
Teletherapy Services
When you sign up for Teletherapy Services, you will need to sign up for an initial session. If you sign up for an evaluation, you will be required to pay for the cost of this up front. During your first session, your therapist may suggest a subscription option, or individually billed sessions further described below, based on their assessment of you or your child’s needs. After this determination, you will be asked to schedule a mutually available time(s) for recurring session(s) based on your selected option.
Game Pass
We also offer access to just the Platform, and no therapist access, via our Game Pass subscription. You will be required to provide a payment option and will be billed automatically via this payment method as detailed above.
Pay-as-you go
We also offer options to pay for individual therapy sessions as needed. You will be required to pay for your first session upfront. We will charge all additional sessions automatically to the Payment Method on file, at the conclusion of the session. Please see the Website for additional pricing information and the scope of services offered. We reserve the right to change these prices at any time.
10. Attendance & Cancelation
If you will not be able to keep your scheduled appointment, please reach out to your treating therapist to report any needs to cancel or reschedule. To help keep our therapists’ schedules running smoothly, we ask that you respect the following:
Cancellation or rescheduling at least 24 hours before a scheduled appointment: (“Approved Cancellation”) you will be refunded 100% of the scheduled service fee for pay-as-you-go appointments and the session can be rescheduled for monthly plans. If you find you have to cancel or reschedule an appointment frequently, your therapist may recommend a different schedule, such as switching to the monthly plan from the pay-as-you go weekly appointments.
Cancelling or rescheduling in the 24 hours leading up to your appointment: (“Late Cancellation”): for cancelations resulting from non-emergencies, you are allowed two every 6 months with no rollovers—any additional Late Cancellations will incur a $25 late cancellation fee.
Failing to cancel or reschedule an appointment in advance: (“No Show”): Unless due to an Emergency, if you fail to attend without contacting your therapist , you will be billed at 100% of the scheduled service for pay-as-you-go appointments, and cannot be rescheduled for monthly plans. Repeated No Shows may prompt your therapist to recommend a different schedule, such as switching to the monthly plan from the pay-as-you go weekly appointments, or may result in discharge from therapy.
Monthly subscription appointment rollover: As long as your cancellation is an Approved Cancellation or an Emergency Cancellation your therapist can let you roll over one appointment to the next month (for example, you would have one session in Month A three 30 minute sessions in Month B). Please remember that if you miss an appointment without telling your therapist in advance (a No Show), you are not eligible to reschedule that appointment on the monthly plan.
Vacations or extended absences: If you will be away for an extended period of time (more than a month) please notify your therapists regarding scheduling options. However, we reserve the right to fill your spot with another client.
Emergencies: (“Emergency Cancellations”) these are only accepted for illness, illness of a direct caregiver, or death in the family (an “Emergency”). Please provide notification to your therapist as soon as possible if you will need to cancel due to an Emergency. Emergency Cancellations will be treated as an Approved Cancellation.
Therapist Cancelations: If your therapist needs to cancel an appointment, we will contact you as soon as we are made aware of their scheduling needs. You will be offered a make-up appointment with your therapist at an alternative time. If we are unable to reschedule the session, you will be provided a refund in the amount of the current rate for the scheduled services.
11. Refunds and Reimbursements
If during therapy you have any concerns about a bill or a payment, please contact us immediately by sending an email to [email protected]. We will evaluate your issue on a case-by-case basis and may issue a refund at our sole discretion. It is the client’s responsibility to cancel their subscription before their next billing cycle. No refunds are provided if you 1) failed to schedule your therapy session or 2) missed a session that is not entitled to a refund, as detailed in the Attendance & Cancellation section above.
12. Insurance & Invoices
At present, we do not process any insurance claims, nor will therapists process claims on your behalf. Although the Services you receive from the therapists through the Platform may or may not be covered by your insurance, it is solely up to you to contact your health plan, determine whether coverage applies and submit a claim. Please contact your therapist if you would like an itemized invoice you can provide to your insurance provider. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.
13. Permission to Treat & Data Collection
Signing up for our Services grants us permission and authorizes a screening, comprehensive speech-language evaluation, and/or treatment as needed for the client/child by your assigned Therapist. The Services (including use of the Game Pass) may include recording and storing certain data that arises from the Services, including any client performance or audio data recorded during sessions or at home practice (“Session Data”). Session Data is used for analysis or treatment and internal improvements to our products and Services. While signing up for the Services you will be asked to provide consent, either for yourself or on behalf of your child, to use the Services and for us to collect Session Data. This collection will be conducted in accordance with our Privacy Policy and applicable law.. As further detailed in the Privacy Policy and consent process you may remove this consent at any time.
Please understand that there are risks and consequences from “teletherapy,” including, but not limited to, the possibility, despite reasonable efforts on the part of the Platform, that: the transmission of your information could be disrupted or distorted by technical failures; the transmission of your information could be interrupted by unauthorized persons; and/or the electronic storage of your medical information could be accessed by unauthorized persons. Client data and Session Data is kept securely, in accordance with our Privacy Policy and applicable law.
Once signing up for Teletherapy Services with Verboso, you hereby authorize the exchange of information between Verboso speech therapists (e.g. in case of reassignment) regarding the child/client/self, including information about their speech- language diagnosis, treatment program and any other pertinent information impacting speech-language therapy.
14. Intellectual Property Ownership
Verboso alone (and its subsidiaries, parents, affiliates, successors and assigns and licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Services and Session Data, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services and Session Data. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Services, or the Session Data, shall be owned solely and exclusively by Verboso, and/or, as applicable, Verboso’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to Verboso any and all of your rights, title or interests in the Services, Session Data or any modification to or derivative work of the Services or Session Data. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services.
This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Services, Session Data, or any intellectual property rights owned by Verboso. Verboso’s name, logo and the product names and logos associated with the Services are trademarks of Verboso, its affiliated companies or third parties, and no right of license is granted to use them.
The materials on the Services are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Services for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
15. Platform License
Subject to your compliance with the terms and conditions of this Agreement, Verboso grants you a limited, non-exclusive, non-transferable license to access the Platform on your device(s) that you own or control and to use the Platform solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way; (ii) modify or make derivative works based upon the Platform; (iii) reverse engineer or access the Platform in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Platform, or (c) copy any ideas, features, functions or graphics of the Platform; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
16. Disclaimer of Warranties
THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ OR ADVICE YOU RECEIVED THROUGH OUR PLATFORM OR WEBSITE.
We also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You access and use the Services at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the access or use of the Services. Users of the Services are responsible for maintaining a means external to the Services for the reconstruction of any lost data.
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL VERBOSO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF VERBOSO FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED TWO HUNDRED DOLLARS ($200.00). THE FOREGOING LIMITATION OF LIABILITY OF VERBOSO WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.
18. Indemnification
You agree to indemnify and hold harmless Verboso, Verboso’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Services, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
19. Modifications To, Or Discontinuation Of, The Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.
The Services depend on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Services’ reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Services will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times
20. Digital Millennium Copyright Act Policy (DMCA)
The Digital Millennium Copyright Act of 1998 (“DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. You can find details of those requirements on the U.S. Copyright Office Web site, currently located at https://www.loc.gov/copyright. In accordance with the DMCA, Verboso has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Verboso LLC at [email protected].
21. Miscellaneous
This Agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this Agreement and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without regard to any conflicts of law provisions contained therein.
Any dispute arising under or relating in any way to this Agreement will be resolved exclusively by final and binding arbitration in Delaware 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, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the federal courts located in Delaware for any action related to this Agreement.
This Agreement is personal to you and you may not assign it to anyone. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred. No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
22. Emergency Care
THE COMPANY DOES NOT PROVIDE EMERGENCY CARE. IF YOU THINK YOU ARE FACING AN EMERGENCY, PLEASE DO NOT RELY ON THE COMPANY FOR HELP. IMMEDIATELY CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.
23. Contacting Us
If you have any questions or comments about these Terms & Conditions, the Platform, or the Services, please contact us at [email protected].