The following terms (the “Terms of Use” or the “Agreement”) constitute an agreement between you and Avery Health Inc. (“Avery Health” or the “Company”), the operator of Adley Health™ and related websites, applications, services and mobile applications, and all associated services (collectively, the “Services”) provided by Avery Health and on/in which these Terms of Use are posted or referenced. Some Services may require you to agree to additional terms specific to those Services, which terms will be presented to you prior to your use of those Services and are included as part of these Terms of Use. For the purposes of these Terms of Use, the “Services” include, without limitation, [WHAT WILL THE PRODUCT OFFER?].
This Agreement constitutes a contract between you and us that governs your access to and use of the Services. This means you must agree to this Agreement in order to access and/or use our Services. If you do not agree, then you may not use the 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 an Adley Health Account (as defined in Section 1). If you create an Account or use the Services on behalf of an individual other than yourself, you represent that you are authorized by such individual to accept this Agreement on such individual’s behalf and bind them to this Agreement.
Provisions that, by their nature, should survive termination of this Agreement shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay or indemnify the Company, any limitations on the Company’s liability, any terms regarding ownership or intellectual property rights, and terms regarding Disputes (as defined below).
Avery Health’s collection and use of Personal Data in connection with the Services is described in Avery Health’s Privacy Policy (the “Privacy Policy”).
Avery Health reserves the right to change the Terms of Use at any time. If you don’t agree with the new Terms of Use, you are free to reject them; however, that means you will no longer be able to use the Services. Except for changes by the Company, no other amendment or modifications of these Terms of Use will be effective unless made in writing and signed by the Company.
1. The Services
The Company grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms of Use. To benefit from all of the Services we offer, you must create an account (an “Account”) and provide certain basic information about yourself. If you do provide the Company with any information, you authorize the Company to use and disclose it as described in the Privacy Policy.
While utilizing the Services, you may encounter certain Content that the Company makes available to you. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling, guidance and other materials provided, made available or otherwise found through the Services. 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 instead is provided to assist you in connection with the Services or otherwise to be generally informative.
WHILE THE COMPANY MAKES REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, THE COMPANY MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, DIAGNOSIS, PERSCRIPTIONS, RECOMMENDATIONS, ADVICE, TREATMENT OR DOSAGES). IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKE BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, THE COMPANY DOES NOT IN ANY WAY ENDORSE, REFER OR RECOMMEND ANY CONTENT THROUGH THE SERVICES.
2. The Company Does Not Provide Medical Advice
Avery Health is not a healthcare or medical provider. The Content that you obtain or receive from the Company, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including without limitation, information shared via the Services, is for informational and communicative purposes only.
THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 9-1-1. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY OF THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, PHARMACY OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
Avery Health is not a referral service and does not refer, recommend or endorse any particular healthcare provider, test, procedure, opinion, treatment or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk.
3. No Doctor Patient Relationship
Avery Health encourages healthcare providers to use the Services responsibly, but the Company has no control over a healthcare provider’s advice, opinion, diagnosis or treatment. The Company will not be liable for any injury or loss resulting or arising from the use of the Services whatsoever.
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 THE COMPANY.
4. Healthcare Provider Relationship
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.
Avery Health (a) does not employ, refer to, recommend or endorse any healthcare providers; (b) does not make any representations or warranties with respect to these healthcare providers or the quality of services they may provide; (c) is not responsible for ensuring that information (including credentials) a healthcare provider provides about themselves is accurate or up-to-date; (d) is not responsible for ensuring that healthcare providers’ services are actually provided or are up to a certain standard of quality; and (e) does not receive any additional fees from healthcare providers for featuring them through the Services. The Company does not control the actions of any healthcare providers and healthcare providers are not Company employees. Notwithstanding the foregoing, the Company may show you advertisements or sponsored search results through the Services and the Company may receive fees in connection therewith; however, such advertisements and sponsored search results should not be considered an endorsement, referral or recommendation by the Company of any such healthcare provider.
5. The Services and Content are Information and Educational Resources
The Services are an informational and educational resource for consumers and healthcare providers. The Company will not be responsible or liable for any errors or omissions in or for the results obtained from the use of such Content. You understand that Content may not be applicable to or suitable for all individuals or patients. Content is presented for your awareness and does not imply, and the Company makes no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
6. 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. Any such information shall be governed by the Company’s privacy policy.
7. HIPAA Compliance
The Company is committed to safeguarding Protected Health Information (“PHI”) as required under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Where applicable, the Company acts as a “business associate” and complies with HIPAA regulations when providing Services to covered entities.
To support this commitment, the Company has entered into a Business Associate Agreement (“BAA”) with Google Cloud Platform and Microsoft Azure, our cloud infrastructure providers, to ensure that all PHI stored, processed, or transmitted through our systems is handled in accordance with HIPAA standards.
While we implement technical, administrative, and physical safeguards to protect PHI, your use of the Services does not establish a provider-patient relationship, and not all information you submit may be considered PHI under HIPAA. Please refer to our Privacy Policy for more detailed information.
8. User-Directed Sharing of Health Information
The Services may allow you to voluntarily share parts of your profile, including personal or health-related information, with other users you select, such as family members, caregivers, or healthcare providers. You acknowledge and agree that:
- You are solely responsible for choosing what information to share and with whom.
- Once you share information with another user, that user may retain, copy, or disclose it, and such information may no longer be protected under HIPAA.
- We do not monitor or control the actions of users with whom you choose to share your information.
You should exercise caution and good judgment when disclosing sensitive data through the Services.
9. Privacy Policy & Consent to Data Use
By using the Services, you acknowledge that you have read, understood, and agree to be bound by our Privacy Policy. You consent to the collection, use, and disclosure of your information, including any personal and health-related information, as described in the Privacy Policy. If you do not agree to the Privacy Policy, you must not use the Services.
10. Security Measures
We implement industry-standard physical, administrative, and technical safeguards to protect the confidentiality, integrity, and availability of the information we collect and store, including Protected Health Information (PHI). These measures include encryption, access controls, and audit logging. However, no method of transmission over the Internet or electronic storage is 100% secure. Accordingly, while we strive to use commercially reasonable means to protect your information, we cannot guarantee absolute security.
11. Your Responsibilities
When you create an 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 the Company if your password has been stolen or compromised. 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 aren’t 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 or to exceed your authorized access to any of the Services, user accounts, or computer systems or networks, through any means. You may not accumulate or index, directly or indirectly, any Content or portion of the Services for any purpose whatsoever.
12. Disputes Between Users
If there is a dispute between participants on this site or Services, or between users and any third party (including but not limited to healthcare providers), you agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users or healthcare providers, you release the Company, its directors, officers, employees, agents and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute and/or our Services.
13. Telemedicine Services
You may be able to utilize certain telemedicine services or third party virtual care services through the Services (“Video Services”). The Company is not a healthcare provider or prescription fulfillment warehouse. In providing the Video Services, the Company’s role is limited to making certain telehealth related information available to you and/or facilitating your access to telemedicine services provided by healthcare providers. The Company is not responsible for such healthcare providers’ acts or omissions, or for any content of your communications with them. The Company is independent of the healthcare providers, regardless of whether they utilize the Video Services. The Company has no control over, and assumes no responsibility for, the content, availability, suitability, accuracy, quality, security, legality, reliability, privacy policies, or practices of any Video Services offered by a third party.
14. Third Party Services
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. 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 payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealing, are solely between you and such organizations and/or individuals. You agree that the Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
15. 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 platforms (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’s terms and conditions.
16. Payment and Transaction Processing
You may be permitted to use the Services to pay for products or services provided by the Company or a healthcare provider. In connection with such payments, we process your payment card information in accordance with our Privacy Policy. The Company and/or its payment processing partner may collect a transaction processing fee for our billing, collection and payment services performed in connection with such payment. The Company is not responsible for any charges incurred for any products or services provided by any third party. In the event you dispute any fees chargeable or charged through the Company by a third party, you will resolve such dispute directly with the applicable third party.
You must provide current, complete and accurate billing information, promptly update all information necessary to keep your billing information current, complete, and accurate, and must promptly notify us or our payment processing partner if your account information is cancelled. You acknowledge and agree that the Company is not responsible for any error by, or other acts or omissions of, the payment processor. You further acknowledge and agree that neither the Company nor our payment processing partner will be responsible if either are unable to complete a transaction for any reason.
17. User Feedback
If you choose to submit feedback, comments, suggestions, or ideas regarding the Services (“Feedback”), you agree that we are free to use, disclose, reproduce, license, or otherwise exploit the Feedback without any obligation to you. You acknowledge that the Feedback is non-confidential and becomes our property once submitted.
18. Your Use of Content
All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, trade secret laws, other proprietary rights and international treaties. You acknowledge and agree that the Services and any underlying technology or software used in connection with the Services contain the Company’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 not copy, distribute, republish, 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, the Company does not grant you any express or implied rights, and all rights in the Services not expressly granted by the Company to you are retained by the Company.
19. Disclaimer and Limitation of Liability
We created Adley Health to improve patients’ healthcare experiences, and we want your experience with the Services to be exceptional. Notwithstanding the foregoing, 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 the Company from all liability for your use or inability to use any Content. The Company makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services and 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 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 LIMITAITON, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPORSE 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 AT TIMES OR LOCATIONS OF YOUR CHOOSING. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMPANY 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 INFORMAITON. THE COMPANY 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 FROM COMPUTER VIRUSES, CONTAMINATES OR OTHER HARMFUL ITEMS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR 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 GREATER OF (I) ONE-HUNDRED ($100) DOLLARS; OR (II) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU ACTUALLY PAID TO THE COMPANY AND WHICH THE COMPANY RETAINED IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY OT USE, THE SERVICES.
YOU SHALL AND HEREBY WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542 OR ANY SIMILAR LAW OF ANY JURISDICITON, WHICH SAYS IN SUBSTANCE THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
20. Accessibility
We are committed to making our Services accessible to users with disabilities. Our goal is to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA wherever reasonably feasible. If you experience any difficulties accessing the Services or would like to report an issue related to accessibility, please contact us at support@adleyhealth.com.
21. Termination
The Company reserves the right, in its sole discretion, to terminate, suspend and/or deactivate your account immediately, with or 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, or for any other reason in the Company’s sole discretion. The Company shall not be liable to your or any third party for any termination, suspension or deactivation of your access to the Services.
22. Account Deletion & Data Retention
You may request deletion of your account at any time by contacting us at support@adleyhealth.com. Upon receiving such a request, we will deactivate or delete your account and remove associated personal information as required by applicable law. However, we may retain certain information as necessary to comply with legal obligations, resolve disputes, enforce our agreements, or as otherwise permitted by applicable law or our internal data retention policies.
23. Indemnification
You agree to defend, indemnify and hold harmless the Company from all liabilities, claims, damages, demands and expenses, including reasonable attorneys’ fees, that arise from or are related to your (a) use of the Services; (b) violation of this Agreement; (c) violation of any intellectual property or other right of any person or entity; or (d) any actions taken by anyone using your Credentials. The foregoing indemnification obligations do not apply to liabilities, claims and expenses arising as a result of the Company’s gross negligence or intentional misconduct.
24. Dispute Resolution; Arbitration; Jury and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT, WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS ARBITRATION AGREEMENT CONTAINS PROCEDURES FOR FINAL AND BINDING AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION. YOU AND THE COMPANY ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOU AND THE COMPANY AGREE THAT ANY DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISE PROVIDED HEREIN. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMAL CLAIMS COURT IF THOSE CLAIMS QUALIFY FOR SMALL CLAIMS COURT AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICITON AND ADVANCES ONLY ON AN INDIVIDUAL BASIS.
UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRAITON AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, PRERESENTATIVE, COLLEVTIVE OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PEROSN CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND THE COMPANY WAIVE ANY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. YOU ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT.
For purposes of this Section, “Dispute” shall include, but is not limited to, any claims or controversies between you and the Company that are related in any way to these Terms of Use, including, but not limited to, your use of the Services, including claims (a) you bring against the Company; (b) the Company brings against you; (c) that arise out of any aspect of the relationship between you and the Company; or (d) that arise after termination of the Services.
The prevailing party in any arbitration shall be entitled to recover attorneys’ fees and costs.
This Section shall survive the termination of this Agreement.
You have the right to opt out of the provisions of this section by sending written notice to the Company of your decision to opt out within thirty (30) days of first accepting these Terms of Use. Such notice must include (i) your name and residence address; (ii) email address associated with your account; and (iii) a clear statement that you want to opt of the Arbitration Agreement. For purposes of this Section, you agree that the proper venue for any Dispute in arbitration or otherwise, will be Pitkin County, Colorado.
25. Severability
If any part or parts of this Agreement is/are found by a arbitrator or court of competent jurisdiction to be invalid or unenforceable as to your Dispute, such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this Agreement shall continue in full force and effect. This Section will survive the termination of this Agreement.
26. 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.
27. Governing Law
This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Colorado, without giving effect to the state’s conflicts of law statute.
28. Force Majeure
The Company shall not be held liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, government actions, Internet outages, strikes, or shortages of supplies, transportation, or labor.
29. Entire Agreement; Waiver
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services each of which are incorporated herein by reference, constitute the entire agreement between you and the Company and supersede all previous written or oral agreements. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
30. 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.
31. Assignment
The Company may assign this Agreement at any time. You may not assign, transfer or sublicense this Agreement to anyone else.
32. Eligibility
You must be 18 years of age or over to create an account or use the Services. By using the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use.
33. Children’s Use / COPPA Compliance
The Services are not directed to or intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that a user under 13 has provided us with personal information, we will take steps to delete such information. If you are a parent or legal guardian and believe your child has provided us with personal information, please contact us at privacy@adleyhealth.com.