Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR APP AND WEBSITE. WE DO NOT PROVIDE MEDICAL ADVICE.
The following terms and conditions (the “Terms of Use” or the “Agreement”) constitute an agreement between you and Verify EMR, LLC (“Verify”, “we”, “our” or “us”), the operator of [Verify-IMI.com] and related tools and mobile applications, and all associated services (collectively, the “Services”) provided by Verify and on/in which these Terms of Use are posted or referenced. These Terms of Use govern your use of the Services, whether or not you have created a Verify Account. This Agreement constitutes a contract between you and us that governs your access and use of the Services. By accessing and/or using our Services, you agree to all the terms and conditions of this Agreement. If you do not agree, then please do not use our Services. As used in this Agreement, “you” means any visitor, user, or other person who accesses our Services; whether or not such person registered for a Verify Account.
If your use of the Services is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you with regard to your prior use of the Services (as well as any subsequent and unauthorized use of the Services), including your indemnification obligations as described herein; and (b) any rights or licenses granted to us under this Agreement will survive such termination.
Verify’s collection and use of personal information in connection with the Services is described in Verify’s Privacy Policy.
We may change this Agreement at any time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it and the most current version of this Agreement will always be posted under the “Terms and Conditions of Use” link available on our website and mobile application (“Updated Terms”). If we make a material change to the Agreement, we will make reasonable efforts to notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Services after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you must stop using and/or accessing the Services. Any disputes under this Agreement will be governed by the version of Agreement in effect at the time of the first event which gave rise to the dispute. Except for changes by us as described here, no other amendment or modification of these Terms of Use will be effective unless in writing and signed by both you and us.
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will Verify be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new services will be governed by this Agreement.
If you create a Verify Account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that individual or entity).
1. ABOUT THE SERVICES
Subject to these Terms of Use, Verify grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms of Use. Portions of the Services can be viewed without a Verify Account. To benefit from all of the Services we offer, including, calculating age of baby, the due date, information regarding mother’s physical changes, baby’s embryologic development, standard testing suggestions, identifying potential risks to the pregnancy either or both mother and baby, suggestions what to discuss with the OB provider, and information on nutrition in pregnancy, you must create an account (a “Verify Account”) and provide certain basic information about yourself. If you do provide us with any information, you authorize Verify to use and disclose it as described in our Privacy Policy.
You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided for general information only. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles and other materials provided, made available or otherwise found through the Services, including, without limitation, Content provided in direct response to your questions or postings.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE, REFER OR RECOMMEND ANY INDIVIDUAL OR ENTITY REFERENCED IN THE CONTENT.
2. WE DO NOT PROVIDE MEDICAL ADVICE
Verify is not a healthcare provider. The Content that you obtain or receive from Verify, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational purposes only. All medically related information is for informational and communicative purposes only.
WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR JOURNEY WITH PREGNANCY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
Verify is not a referral service and does not refer, recommend or endorse any particular healthcare provider, test, procedure, opinion, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with your own healthcare provider.
3. NO DOCTOR PATIENT RELATIONSHIP
DOCTORS AND OTHER MEDICAL PROFESSIONALS MAY USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM VERIFY.
4. THE SERVICES AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES
The Services are an informational and educational resource for Users. We may, but have no obligation to, publish Content through the Services that is reviewed by our editorial personnel. No party (including Verify) involved in the preparation or publication of such works guarantees that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.
5. MEDICAL INFORMATION
You may elect to enter certain medical information into the Services on behalf of yourself or a third party from whom you have authorization to provide such information. You acknowledge that Verify may use the data or information you provide in accordance with our Privacy Policy.
6. YOUR RESPONSIBILITIES
6.1 Your Verify Account Credentials
When you create a Verify Account, you will provide an email address and create a password (collectively, “Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to info@verifyimi.com. You may also be able to connect to the Services maintained by a third party company, such as Google LLC (“Google”) or Apple Inc. (“Apple”). If you connect to the Services through a third party service, you give us permission to access and use your information from such third party service as permitted by such third party service, and to store your log-in credentials for such third party service. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on such third party service. Verify has no control over, and assumes no responsibility for, the services, content, accuracy, privacy policies, or practices of or opinions expressed by any such third party.
6.2 Your Responsibilities Generally
It is free to create a Verify Account and download our app. You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Services for lawful, non-commercial purposes. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.
In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use.
7. THIRD PARTY LINKS AND SERVICES
7.1 Links to Other Websites
While using the Services, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. Your interactions with organizations and/or individuals found on or through the Services, including any other terms, conditions, warranties or representations associated with such dealing, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Verify will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
7.2 Third Party Software
We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party software.
7.3 Application Stores
You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application (e.g., the Apple App Store, Google Play or other store or distribution platform (each, an “Application Provider”)). Each Application Provider may have its own terms and conditions to which you must agree before downloading mobile applications from such store. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such Application Provider terms and conditions. To the extent such other terms and conditions from such Application Provider are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.
If you are accessing the Services via an application (an “Application”) through an Application Provider, you acknowledge and agree that: (i) these Terms of Use are between you and us, and not with the Application Provider, and that we are responsible for the Service, not the Application Provider; (ii) the Application Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the Application Provider is not responsible for addressing any claims you or any third party have relating to the Application; (iv) the Application Provider is a third party beneficiary of these Terms of Use as related to your use of the Application, and the Application Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your use of the Application against you; (v) in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Verify, and not Application Provider, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim; and (vi) you are not located in a country subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties. The foregoing terms apply to your use of all the Services, including the Application.
8. YOUR USE OF CONTENT
All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Verify’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Services for your own convenience, but you may not copy, distribute, republish (except as expressly permitted herein), sell, or exploit any of the Content, or exploit the Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Verify nor its suppliers grant you any express or implied rights, and all rights in the Services not expressly granted by Verify to you, are retained by Verify.
9. DISCLAIMER
We created Verify to inform patients’ experience with pregnancy, and we want your experience with Verify to be exceptional. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Services, (b) what Content you access, (c) what effect the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for your use or inability to use any Content. We and our licensors, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Verify and all such parties together, the “Verify Parties”) make no representations or warranties regarding suggestions or recommendations of services, and the Verify Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We have no special relationship with or fiduciary duty to you. WE (AND OUR LICENSORS AND SUPPLIERS) PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, VERIFY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. VERIFY DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
10. GENERAL LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR VERIFY ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE SUM OF $100.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE VERIFY PARTIES BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. TERMINATION
If you are not using the Services in accordance with this Agreement, we reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your Verify Account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted through the Services by you or by someone using your Credentials without authorization. We may also terminate, suspend or deactivate your Verify Account for any other reason, including inactivity for an extended period. Verify shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Services. Further, you agree not to attempt to use the Services after any such termination, suspension or deactivation (except where deactivation is due solely to inactivity, and you are permitted to create another Verify Account). Account termination may result in destruction of any content associated with your Verify Account. Any provisions of these Terms of Use that, by their nature, should survive termination of these Terms of Use shall survive any termination or expiration of these Terms of Use.
Verify reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use, including without limitation, removing any offending communication from the Services, terminating the Verify Account of such violators, and or blocking your use of the Services.
12. INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless the Verify Parties from all liabilities, claims, damages (actual and consequential), demands, and expenses, including reasonable attorney’s fees, that arise from or are related to (a) your use of the Services; or (b) the violation of this Agreement; or (c) the violation of any intellectual property or other right of any person or entity; or (d) by any person using your Credentials without authorization. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
13. GOVERNING LAW AND JURISDICTION
These Terms of Use are governed by the substantive laws of the State of New Jersey, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of New Jersey with respect to any dispute, disagreement, or cause of action related to or involving our Services. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Verify with respect to your use of our Services.
13.1 Infringement
Furthermore, notwithstanding the foregoing, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
13.2 Waiver of Jury Trial
YOU AND VERIFY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Verify are instead choosing to have claims and disputes resolved by a judge.
13.3 Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, all claims and disputes will be resolved in a court as set forth above.
14. MISCELLANEOUS
14.1 Electronic Contracting; Copyright Dispute
Your affirmative act of using the Services and/or creating a Verify Account constitutes your electronic signature to this Agreement, which includes our Privacy Policy. This Agreement and any other documents to be delivered in connection with the Services may be electronically signed, and any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
Verify respects the intellectual property rights of others and expects users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that any Content constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement appearing on our Services is: Verify EMR, LLC, 65 Mountain Blvd Extension, Suite 201, Warren, New Jersey, 07059, email: info@verifyimi.com.
14.2 Limitation of Claims
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
14.3 Headings
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
14.4 Assignment
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our business or any assets to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
14.5 Eligibility
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create a Verify Account or use the Services on your own. Those under the age of 13 may not use the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Services only under the supervision of your parent or guardian who has agreed to these Terms of Use. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in these Terms of Use to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.
If you do not qualify under these Terms of Use, you may not use the Services. Use of the Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Services are administered in the U.S. and intended for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services.
Rev. May 2021