VOLORIDGE HEALTH
BETA TERMS OF USE
Last Updated: March 3, 2026
Welcome to Voloridge Health!
Our Services (defined below) provide individuals the ability to harness the power of data science to transform their understanding of their health, to improve health outcomes, and to personalize care using data analytics, machine learning, and artificial intelligence tools that provide “health scores” and health insights. These scores and insights may be based on blood biomarkers, physical measurements, genetic information, epigenetic data, proteomic data, microbiome, metabolic data, and physiologic data gathered from wearables. The type of data used will depend on your relationship with us. The Services may include the generation of “health scores” and health insights using data that you provide to us, that we collect from third parties with your permission, and from our research and analysis of general population health data.
The information and advice provided through our Services on the Website (defined below) and Mobile App (defined below) are for informational purposes only and should not be considered a substitute for professional medical advice or clinical treatment.
These Beta Terms of Use (these “Terms of Use” or “Terms”) are a legal contract between Voloridge Health, LLC (“we”, “us” or “Company”) and you and govern your use of the website, https://www.voloridge.com/health (“Website”) and the Volo App (“Mobile App”), including without limitation all the text, data, information, software, graphics, photographs and other content (all of which we refer to as “Materials”) that we and our affiliates may make available to you, as well as any services we may provide through the Website and Mobile App platforms, including the Scores (hereinafter, together referred to as the “Services”). We are not a healthcare provider and do not provide medical services; however, our Services will produce “health scores” and insights using analytics, models, or other indicators or health information (the “Scores”) that we believe will help promote health and wellness. To access certain features and functions of the Services, you will be required to download the Mobile App from third party app stores. These Terms shall apply to your use of the Services.
Your use of or participation in certain Services may also be subject to additional policies, rules, or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with the Additional Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THE WEBSITE, DOWNLOADING THE MOBILE APP, OR USING THE SERVICES. YOU CANNOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT (A) YOU HAVE READ, UNDERSTAND, AND ACCEPT THESE TERMS OF USE, AND (B) YOU HAVE THE RIGHT, AUTHORITY, AND LEGAL CAPACITY (INCLUDING BEING OVER THE AGE OF 18) TO ENTER INTO THESE TERMS OF USE AND TO USE THE SERVICES. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OR IF YOU DO NOT HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS OF USE, (I.E., IF YOU ARE NOT OF SUFFICIENT AGE IN YOUR JURISDICTION OF RESIDENCE AND MENTAL CAPACITY OR IF YOU ARE OTHERWISE NOT ENTITLED TO BE LEGALLY BOUND IN CONTRACT), YOU MAY NOT USE ANY OF THE SERVICES.
NOTE: THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
The Company uses data from various sources to yield health and wellness Scores for various health domains, such as heart, metabolic, lung, liver, kidney, brain, and other health domains. The Scores are intended to encourage the general state of health and promote a healthy lifestyle by encouraging recipients to make healthy choices that are well-understood to reduce the risk or impact of, or play a role in the outcome of, a chronic disease or condition.
THE COMPANY AND THE SERVICES DO NOT PROVIDE YOU WITH ANY DIAGNOSIS, DO NOT CONSTITUTE MEDICAL ADVICE, AND ARE NOT APPROPRIATE FOR USE IN ANY EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. The Company and the SERVICES are not intended to assess risk of disease or other conditions, and as such has not been reviewed by the Food and Drug Administration.
YOU AGREE TO SEEK ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL PRIOR TO USING OUR SERVICES. THE COMPANY IS NOT A HEALTHCARE PROVIDER AND YOU SHOULD NOT INTERPRET ANY INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING THE SCORES AS A REPLACEMENT FOR MEDICAL TREATMENT, ADVICE, SCREENING, OR DIAGNOSTIC TESTING BY QUALIFIED HEALTHCARE PROFESSIONALS, AND ARE NOT INTENDED TO BE USED TO MAKE MEDICAL DECISIONS, including whether or not you should take a medication, how much of a medication you should take, whether or not you should undergo screening or diagnostic testing, or whether or not you should engage in any other medical treatment or intervention. Always seek the advice of a physician or other qualified health care PROFESSIONAL concerning questions you have regarding THE SCORES, THE SERVICES, THE STATUS OF YOUR HEALTH, or aNY medical condition, diagnosis, cure, treatment, mitigation, or prevention of any disease, medical condition, or impairment of the status of your health, and before stopping, starting, or modifying any treatment or mEDICATION. The Company and the Services do not take into account all important factors linked to health AND WELLNESS, and therefore they cannot rule out the presence or absence of disease or other medical conditions. THE SERVICES ARE DEPENDENT IN PART ON THE INFORMATION YOU PROVIDE AND THE ACCURACY OF ANY RESULTS WILL DEPEND IN PART ON THE ACCURACY OF INFORMATION YOU PROVIDE.
You understand and acknowledge that you are utilizing our Services voluntarily and your use of Services is solely at your own risk, and you assume full responsibility for all risks associated with your use. While using our Services, you may interact with healthcare providers who are contracted with a third-party vendor to order and interpret your laboratory tests. These healthcare providers are independent and any provider-patient relationship that you form with such healthcare providers is between you and the licensed provider only; the Company is not a party to the relationship between you and that provider. By using our Services, you agree to not hold the Company liable in any way for any malpractice or substandard treatment rendered by any clinician, including those clinicians that you may interact with through the use of our Services.
Company operates the Services in the United States (the “Territory”). Accessing the Services from jurisdictions outside the Territory or where the content is illegal, or where we do not offer Services, is prohibited.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SERVICES. By using the Services and by agreeing to these Terms, you represent and warrant that you are at least 18 years of age. If you are under the age of 18, please do not attempt to register with us to use the Services or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at support@voloridgehealth.com.
The Services require the creation of a user account within the Mobile App or on our Website (“User Account”). You are required to accurately complete and maintain the User Account and to provide us with all required information, which may include, a working email address, mailing address, first and last name, date of birth, mobile number, preferred password, and credit card. You agree that all information you submit to create a User Account and in utilizing any of the Service will be truthful, accurate, and complete, and you shall maintain accuracy and completeness of the information associated with your User Account for as long as you use it. To the extent necessary, you can log into your User Account and make changes directly. If you forget your password, we will happily assist you in resetting or recovering your password, by sending you instructions to your provided email address. You may have only one (1) User Account at a time and an account is not transferable between individuals. You are responsible for complying with these Terms when you access the Services.
Because it is your User Account, you are responsible for obtaining, maintaining and paying for all hardware, software and telecommunications and other services necessary for the use of the Services, including properly running compatible updated software, a suitable internet connection, an appropriate firewall and virus scanning software, and a properly maintained computer or smart device. You are responsible for maintaining the security of your User Account and you are fully responsible for all activities that occur under the User Account and any other actions taken in connection with it. We may monitor and review accounts to ensure that our Services are being used appropriately. Providing false information of any kind may result in the termination of your User Account. It is also your responsibility to maintain the confidentiality of your password(s). You may not allow another individual or third party to access, use, or modify your User Account. Should you believe your password or security for the Services has been breached in any way, you must immediately notify us at support@voloridgehealth.com. You are fully and solely responsible for any and all use of the Services using your User Account. You will not sell, transfer, license, or assign your Account, username, or any Account rights. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your User Account. We may suspend, disable, or delete your User Account (or any part thereof) in our sole discretion if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation. If we delete your User Account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. We reserve the right to take any and all action, as deemed necessary and reasonable, regarding the security of the Services.
By choosing to use the Services, you are specifically choosing to obtain the Services on a cash basis outside of any federal or state healthcare program or any commercial insurance. You understand that the Company does not provide any healthcare services and that any interaction that you may have with a licensed health care provider through use of our Services is between you and that healthcare provider. We are a technology service provider that does not participate in Medicare, Medicaid, or any other government payor and we do not have contracts with any managed care companies. You agree that you will not bill any third-party payor including Medicare, at any time, for any of the Services. The foregoing covenant is of the essence of this Agreement, and you will indemnify and hold harmless Voloridge Health, LLC (including reasonable legal fees and costs, including such fees and costs incurred in enforcing this provision), and its owners, officers, agents, employees and consultants (“Voloridge Indemnitee”), from any and all liability if any bill is submitted by you to any third-party payor for any services provided by Voloridge Health, LLC and a third-party claim is raised against all or any Voloridge Indemnitee related to the submission of such bill. Company does not control and is not responsible for any treatment decisions or recommendations made by third parties using our Services.
You are solely responsible for paying for the Services purchased by you through the Website and Mobile App. We may offer free trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full fee in recurring orders. If you subscribe with a discount offer for your first subscription, you must pay the discounted fee for the first order, and the full fee for recurring subscriptions unless otherwise specified in your discount code. Discount codes may not be shared beyond your individual use. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term and tier-level that you selected. We reserve the right to change our fee structure at any time, with notice provided to users. We also reserve the right to refuse any order you place with us.
Prices for all products and services are subject to change at any time. You agree to provide current, complete, and accurate payment information for all purchases made through the Services, so that we can complete your transactions and contact you as needed. All purchases made from us are for a consumer’s individual use only. No products purchased with us are intended for resale without our express authorization. We may store a tokenized copy of your payment information for future transactions if you permit us to do so. If your selected payment method cannot be charged for any reason (e.g., expired), you authorize us to reattempt payments on the payment method and any other credit or payment method stored in your User Account. Sales tax and shipping fees may be added to the purchase price as deemed required by us. All payments must be in U.S. dollars unless otherwise specified. You agree to pay all charges at the prices then in effect for your purchases and all applicable sales tax and shipping fees, and you authorize us to charge your chosen payment method for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method, and product or service details. We will send you a notice when we accept your order, and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are shipped.
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE.
All fees are in U.S. Dollars, except as stated otherwise in writing by Company. We recommend that you verify the existence and amount of any additional fees you may be charged by third parties in connection with any transaction (such as fees due to banks or credit card companies) or any other third-party services. Company is not responsible for any such additional fees or costs.
As part of registering or submitting information to the Services, you authorize Company (either directly or through its affiliates, subsidiaries, or other third parties) to request and collect payment (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Company or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card, or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED YOUR USE OF THE SERVICES OR WISH TO CHANGE YOUR PAYMENT METHOD. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT METHOD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION.
If the credit card or other payment method you supplied to us is declined, you may be required to supply a new form of payment.
As part of the Services, independent licensed healthcare professionals (e.g., physicians, non-physician practitioners, dietitians) may review the results generated by our proprietary tools and suggest ways to improve the results and improve your health. However, we are not responsible for the services provided by any such independent licensed healthcare professionals. Any services that you receive from such independent licensed healthcare professionals shall be subject to any additional terms of service, informed consent (including telehealth informed consent), privacy policy, and notice of privacy practices (if applicable) of such independent licensed healthcare professional. We are not responsible or liable for any such services provided by the independent licensed healthcare professionals. It is your choice whether to engage with these independent healthcare professionals.
Healthcare providers should always obtain applicable medical or diagnostic information from appropriate trusted sources. Healthcare providers should never withhold professional medical advice or delay in providing it because of something they have read in connection with our Services, including the Scores. The Services are not intended to replace a healthcare provider’s professional judgement. Each healthcare provider remains solely responsible for treating, diagnosing, and advising patients and independently validating any Scores, Materials, or any other content generated or provided through the Services.
We may alter the Services we offer you and/or choose to modify, suspend or discontinue the Website or Mobile App at any time and without notifying you. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms of Use from time to time. We will inform you of any modifications to these Terms of Use by posting them on the Services.
If you object to any such modifications, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications.
Company shall not be obliged to support obsolete versions of the Mobile App or to update or provide versions of the Mobile App for use on any particular mobile device or operating system. Additionally, the Mobile App may be updated and/or upgraded and may not work on older mobile devices and/or operating systems. The Mobile App may not work, in whole or in part, on mobile devices other than those for which the Mobile App has been approved for and correctly downloaded according to the instructions provided by Company.
By using the Services, you consent to receiving electronic communications from us and our vendors, and by providing us with your mobile number, you consent to receive SMS text messages about the Services. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to these Terms and the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including such communications be in writing. You understand that SMS text messages and unencrypted emails are not secure and run the risk of being intercepted by unauthorized parties. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES IN CONNECTION WITH ANY BINDING TERMS OR CONTRACTS IN CONNECTION WITH THE SERVICES. You hereby waive any rights or requirements under any applicable laws which require an original signature or delivery or retention of non-electronic records.
By providing us with your telephone number you affirmatively consent to receive certain recurring Company notifications or information via push notification or SMS text message or calls (including prerecorded or artificially generated voice messages, calls, or texts), in order to perform and improve upon the Services, and to provide you with information and reminders regarding the Services, including your registration, changes, and updates. You may incur additional charges from your wireless provider for these communications, and you are solely responsible for any such charges. These calls, notifications or text messages may contain information about the Services and other information you have provided to Company. You can opt-out of receiving such calls, notifications for text messages by contacting customer service at support@voloridgehealth.com, replying STOP to any such message, and for push notifications, through your device settings. Company and wireless carriers are not responsible for any undelivered messages. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You understand that we may send you a text confirming any opt-out made by you. You acknowledge that opting out of text messages may impact your ability to use certain features of the Services. However, note that access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from Company.
You agree that Company will not be responsible in any way for any loss, injury, or claims of any kind resulting from your failure to read or respond to communications from Company.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO ALL USES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH HEREIN: (1) COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY OF THE SERVICES; (2) COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (3) THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, MATERIALS, AND LINKED WEBSITES. COMPANY DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE USE, OR MISUSE OF ANY SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY ACTIONS TAKEN OR NOT TAKEN BASED ON THE INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.
YOU ACKNOWLEDGE THAT COMPANY IS NOT A HEALTH CARE PROFESSIONAL, DOES NOT EMPLOY LICENSED HEALTH CARE PROFESSIONALS FOR THE PROVISION OF LICENSED MEDICAL SERVICES, AND DOES NOT OFFER ANY LICENSED PROFESSIONAL HEALTH CARE SERVICES OR ADVICE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CONSULTING WITH HEALTH CARE PROFESSIONALS REGARDING ANY QUESTIONS YOU MAY HAVE AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING IN ORDER TO OBTAIN PROPER TREATMENT FOR HEALTH OR MEDICAL CONDITIONS.
DO NOT DELAY IN SEEKING MEDICAL DIAGNOSIS OR ADVICE BECAUSE OF ANY INFORMATION MADE AVAILABLE TO YOU FROM THE USE OF SERVICES.
This section describes some of the risks that may be associated with certain components of the Services, which may include DNA testing and use of our Scores. This is not an exhaustive list and by using the Services you acknowledge that there are risks associated with such use.
Artificial Intelligence and Machine Learning Risks. To provide parts of the Services, we utilize artificial intelligence and machine learning technologies (“AI/ML”), such as when we and our vendors communicate with you via call, text, online interactive tools, or through other channels, including any customer service support. While efforts are made to address accuracy and completeness, there may be errors in these communications or the Services, such as through AI/ML “hallucinations.” It is essential to consult with qualified professionals and verify information through reliable sources when making decisions based on AI/ML interactions.
DNA Risks. You may have the opportunity to obtain DNA testing. The risks and complications resulting from DNA analysis and genetic testing are believed to be low, and the procedure is generally safe. Potential risks include, without limitation, the failure to obtain a sufficient sample, needing to repeat the test, problems with the test leading to incorrect results, bruising or bleeding, and potential anxiety, anger, or depression associated with test results. Your results may not be correct because of sample mislabeling, contamination, or computer problems, and the results will not tell you everything in your DNA. Certain genetic disorders may not be able to be treated. Genetic testing and DNA analysis may change over time as technology develops.
DNA can tell you information about yourself and people who are related to you by blood. If you have a certain DNA change, your blood relatives might have it too. They may or may not want to know this information. You may realize you are not related to some family members in the way you thought you were.
Activities and Scores Risk. Further, by participating in certain activities and tests and using the Services and Scores, you understand the risks to you of physical injury, such as injury resulting from physical fitness activities, or from obtaining blood samples or other samples. These risks include, without limitation, bleeding, swelling, bruising, redness, or soreness. In some cases, as with any similar activity, test, or procedure, the risk could be more significant and may include, without limitation, nerve injury, dizziness, numbness, and other potential adverse consequences. You understand and acknowledge that you are accepting all risks associated with participating in any activity or test, your use of the Services and Scores, and that you are participating voluntarily. Please check with your physician or healthcare provider prior to participating in any activity or test or the use of any of the Services or Scores.
Health and Wellness Benefits.
There may be potential health and wellness benefits to using some of the Company’s Services, such as DNA analysis, and receiving more personalized health and wellness insights. By understanding your data through the use of the Services and Scores, you may be empowered to take more control over your healthcare and track certain health trends by using the Scores and receive additional insights into your physical health and fitness status. You may choose to share your Scores with your treating healthcare providers. You understand that we do not make healthcare decisions or render treatment; rather, we provide insights personalized to you, that your treating healthcare provider can evaluate in the context of your overall clinical presentation.
Our role is to support and assist you in reaching your health goals, but your success depends primarily on your own effort, motivation, commitment, and health status. We cannot predict and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, health status, motivation, actions, and numerous other factors. By using our Services and Scores you fully agree that there are no guarantees as to the specific outcome or results you can expect.
To the fullest extent permissible by applicable law, you agree to indemnify, defend (at Company’s option) and hold harmless Company, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including attorneys’ fees, arising from or relating to your use of the Services, any violation by you of these Terms of Use, or any law, or the infringement, violation or misappropriation by you of any rights, including intellectual property rights, of any third party, your interaction with other users of the Services, including but not limited to any disputes, agreements, or transactions entered into between you and other users, and your violation of any rights of another person or entity. You also agree to indemnify us and hold us harmless from and against any and all claims brought by third parties arising out of your use of the Services and any user content you make available via the Services by any means, including without limitation through a posting, a link, reference to other content, or otherwise. You agree to cooperate as reasonably required by the Company in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Company.
THESE TERMS OF USE SET OUT THE FULL EXTENT OF OUR AGREEMENT AND UNDERSTANDING IN RESPECT TO ANY CLAIM ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE TO YOU FOR CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS OF USE, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, UNLESS SPECIFICALLY CONTEMPLATED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOST PROFITS OR LOST DATA OR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, ANY SERVICES; OR FOR THE CONDUCT OF COMPANY USERS OR CONSUMERS, OR FOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO ALL OF THE SERVICES. YOUR ONLY REMEDY AGAINST COMPANY IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO ANY OF THE SERVICES OR MATERIALS IS TO STOP USING OR ACCESSING THE SERVICES.
YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, TO THE EXTENT APPLICABLE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT COMPANY’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.
We have adopted and implemented reasonable safeguards intended to protect your data from loss, misuse, unauthorized access, disclosure, alteration, or destruction. However, please be aware that despite our efforts, no measures can guarantee security. All communications sent over an Internet connection are inherently vulnerable to hacking, theft, unauthorized access and/or disclosure, misdirection, loss of data, or corruption of data. Company is not responsible for the security and privacy of communications services or devices that you use to receive and send communications, including any personal information or data contained therein. When you send us communications or otherwise interact with the Services (including through call, text, email, or any other interactive tool we may provide through the Services), we and our third-party vendors receive, record, and share your communications and data associated with your communications in order to respond to your inquiry and as otherwise disclosed in our Privacy Policy. Our Services may be subject to a compromise of security, and we do not guarantee that any information or content you provide will be kept confidential in such circumstances.
Please review our Privacy Policy and Health Data Privacy Policy which explains how we collect, use, and disclose such information. If applicable, please also review our Informed Consent, in which you provide your consent to our collection, processing and disclosure of your personal information. The Privacy Policy, Health Data Privacy Policy, and Informed Consent are hereby incorporated into these Terms of Use by reference and constitute part of these Terms.
Trademarks, service marks, trade dress, logos, names, and other symbols identifying Company, or the Services, and the goodwill relating thereto, are owned exclusively by Company and its licensors. Company and/or its licensors own all right, title and interest in and to the Services, Scores, Website, Mobile App, Materials, Usage Data (defined below) and the information, artwork and other content available through the Services; the processes, methodologies, documents and other materials we use to provide the Services or that we provide to you in connection with your use of Services; and all patent, copyright, trademark, trade secret, and other rights of any nature arising from or relating in any way to the Services. All rights not expressly granted herein are reserved. You may not remove or alter any notice provided by Company on or in connection with the Services. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensee. We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful non-commercial purposes in accordance with the Permitted Purpose, these Terms, and our Privacy Policy.
With respect to your data and other personal information that you provide to us, directly, indirectly, or in connection with other third party services, all in connection with your use of the Services (together, “Usage Data”), you represent and warrant that you have all rights, consents and licenses necessary to transmit and provide access to Usage Data and to permit Company to use such Usage Data as contemplated herein and in accordance with our Privacy Policy and Health Data Privacy Policy, as applicable, including in connection with the provision of the Services by Company, and for data benchmarking, data aggregation and data analytics, and that use of User Data by Company as contemplated herein and in accordance with our Privacy Policy and Health Data Privacy Policy, as applicable, does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights or any privacy or other rights of any third party, or violate any applicable law.
You grant to Company a non-exclusive, worldwide, royalty-free, transferable, irrevocable, sublicensable (through multiple tiers), perpetual, fully paid up right and license to use, reproduce, modify and otherwise exploit the Usage Data for the following purposes: (1) to provide the Services to you and to operate the Services in connection with the Permitted Purpose (as defined below); (2) to maintain, support, enhance and improve the Services and other Company products and services, including product development and training and building artificial intelligence or machine learning tools; (3) to generate, analyze and extract metrics, patterns, trends, metadata, benchmarking, system, or usage data based on your use of the Services; and (4) for any other lawful purpose. For the avoidance of doubt, as between Company and you, Company owns all rights, title and interest in and to Usage Data, and Company may use Usage Data for any lawful purpose, including data gathering, analysis, service enhancement, product development, and marketing. You acknowledge and agree that you gain no rights in any product or service by virtue of having disclosed Usage Data.
You hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties Usage Data.
Your Usage Data may be disclosed to any successors in interest, including through the acquisition or merger of the Company or the purchase of the Company’s assets.
Any comments, questions, suggestions, materials, survey responses, reviews or feedback (collectively, “Feedback”) that you provide to us through any communication whatsoever (e.g., call, fax, email, video, chat, or comments) is entirely voluntary and will be treated as both non-confidential and non-proprietary without any compensation or other obligation to you. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
We authorize your use of the Services only for the purpose of seeking and/or receiving the subscription services to access and unlock the ability to empower you to take control of your health (the “Permitted Purposes”). Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services.
You understand that you may lose your right to use the Services if you do not abide by these Terms. In addition to other prohibitions in these Terms, certain conduct is prohibited through the Services. Unauthorized use of the Services may result in violation of various United States and international copyright laws. You are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
You understand and agree that your User Account may be terminated for any of the above infractions. We may pursue legal action and/or report to law enforcement any such violations.
We may provide the Mobile App for your use on your smart devices in connection with your use of the Services. Standard carrier data charges may apply to your use of the Mobile App.
The following additional terms and conditions apply with respect to any version of the Mobile App that we provide to you designed for use on an Apple iOS-powered Mobile Device (an “iOS App”):
You acknowledge that these Terms of Use are between you and us only, and not with Apple, Inc. (“Apple”).
Your use of our iOS App must comply with Apple’s then-current and applicable App Store or iOS App terms of use, terms of service, or other applicable agreements or terms and conditions.
We, and not Apple, are solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that we, and not Apple, are responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms of Use and any law applicable to us as provider of the iOS App.
You agree that we, and not Apple, shall be responsible, to the extent required by these Terms of Use, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (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.
You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms of Use as they relate to your license of our iOS App. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any version of the Mobile App that we provide to you designed for use on an Android-powered Mobile Device (an “Android App”):
You acknowledge that these Terms of Use are between you and us only, and not with Google LLC (“Google”).
Your use of our Android App must comply with Google’s then-current and applicable Android Market and/or Android App terms of use, terms of service, or other applicable agreements or terms and conditions.
Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms of Use.
You acknowledge and agree that Google is a third-party beneficiary to these Terms of Use as they relate to our Android App.
The Mobile App runs on specific versions of third-party operating systems and browser software for your smart device (“Services Software”). When the third-party provider issues an update to Services Software, we will require additional time to provide a compatible update to the Mobile App. If you update Services Software prior to our making available an appropriate update to the Mobile App, you may no longer be able to use the Mobile App you have been using, or the Mobile App may not properly function. Before you update Services Software, you should first check the applicable location where you originally downloaded the Mobile App to determine if an update to the Mobile App is needed. You acknowledge that we may from time-to-time issue upgraded versions of the Mobile App, and may automatically electronically upgrade the version of the Mobile App that you are using on your Mobile Device. You agree and acknowledge that these Terms of Use will apply to all such updates and upgrades.
For convenience, we may sometimes provide links on the Services to third-party websites. If you use these links, you will leave the Services. We are not obligated to review any third-party websites that you link to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk. The privacy policies and terms and conditions for those third-party websites will apply to your access and use of those third-party websites.
We cannot guarantee the Services will be available at all times. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We may modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. Content and Materials removed from the Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Dispute Resolution; Class Action Waiver provision (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy), whether based in contract, statute, regulation, ordinance, tort — including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence — or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us, including, without limitation, any dispute arising under these Terms of Use; your use of the Services; or to any purchase, transaction, or other interaction with Company facilitated through the Services (including, without limitation, claims relating to Company’s advertisements, pricing, and disclosures; email, SMS or other messages sent by Company; or Company’s collection, processing or retention of your information). For the avoidance of doubt, “dispute” will be given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
Pre-Litigation Claim Resolution
For all disputes, whether pursued in court or in any alternative dispute resolution proceeding, you must first give us an opportunity to resolve the dispute which is first done by emailing the following information to us at legal@voloridgehealth.com: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in a court of competent jurisdiction. Any disputes relating to these Terms of Use will be heard in the courts located in Palm Beach County, Florida.
Class Action Waiver
If permitted by applicable law, each party waives the right to litigate in court or any alternative dispute resolution proceeding any dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general.
No Jury Trial
To the fullest extent permitted by applicable law, you hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or relating directly or indirectly to these Terms, our Privacy Notice, or the Services. You understand and agree that by entering into these Terms of Use you and we are each giving up the right to a jury trial.
Arbitration
You agree that any dispute, claim or controversy arising out of or relating to these Terms (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a 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 (the action described in clause (ii) is an “IP Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-Out Notice”) by email at support@voloridgehealth.com or by regular mail to Voloridge Health, LLC, 110 Front Street, Suite 400, Jupiter, FL 33477 within 30 days following the date you first accept these Terms, or if you have not created a User Account, then within 30 days following the date you first use our Services.
If you do not provide us with an Arbitration Opt-Out Notice within the 30-day period of accessing the Services, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute, except as expressly set forth in (i) and (ii) above.
The exclusive jurisdiction and venue of any IP Action or, if you timely provide us with an Arbitration Opt-Out Notice, will be the state and federal courts located in Palm Beach County, Florida, and each of the parties to these Terms waives any objection to jurisdiction and venue in those courts.
If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in Palm Beach County, Florida. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.
Jury and Class Action Waiver
Unless you timely provide us with an Arbitration Opt-Out Notice, you acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree with us in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Procedures and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at https://adr.org/rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Provision.
Arbitration Process
A party who desires to begin arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. One arbitrator will either be a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
The arbitration will be conducted in Palm Beach County, Florida unless otherwise agreed to by the parties. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings on which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and any class action dispute will be decided by a court.
Continuation
This Provision shall survive the termination of your User Account with us or our affiliates and your discontinued use of Services. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if we make any change to this Provision (other than a change to our address for providing notice under this Provision), you may reject any such change and require us to adhere to the present language in this Provision if a dispute between us arises.
All legal notices to us must be sent to: Voloridge Health, 110 Front Street, Suite 400, Jupiter, FL 33477, legal@voloridgehealth.com. For all technical support or general inquiries, please contact us at support@voloridgehealth.com. You acknowledge that customer service personnel cannot change or waive these Terms of Use or any applicable Additional Terms.
The Company respects intellectual property and other rights. As set forth in the following paragraphs, the Company has a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the DMCA in the United States, and terminating accounts of repeat infringers in appropriate circumstances. To report a problem involving copyright or trademark infringement and the Services, please contact the Company’s Designated Agent at the information provided below. The Company may, in its sole discretion, limit, suspend, or terminate your access or User Account, delay or remove your information and content, and take technical and legal steps to keep users from using the Services, if the Company thinks that you are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing others).
If you or any individual believes its copyright has been infringed, You or such third party should submit notice to: Designated Agent at legal@voloridgehealth.com. Such notice shall include sufficient specificity as to any alleged infringement. If a notice of copyright infringement has been filed against material posted by a customer or user of the Services, such person may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and include sufficient specificity. If the Company receives a valid counter-notification, the Company may reinstate the removed or disabled material in accordance with the DMCA.
The legal name under which Company conducts business is Voloridge Health, LLC, and Company’s business address is Voloridge Health, 110 Front Street, Suite 400, Jupiter, FL 33477. Upon Company’s receipt of your request, California residents may receive verification of this information by submitting an inquiry to support@voloridgehealth.com.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by Voloridge Health, LLC, Voloridge Health, 110 Front Street, Suite 400, Jupiter, FL 33477. If you have a question or complaint regarding the Services, please contact us by email at support@voloridgehealth.com. You may also contact us by writing to us at Voloridge Health, LLC., Voloridge Health, 110 Front Street, Suite 400, Jupiter, FL 33477. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Any violation of a party’s intellectual property rights will cause such party irreparable harm for which monetary damages are an inadequate remedy, and such party shall be entitled to seek temporary, preliminary, and permanent injunctive relief and specific performance without the requirement of posting of a bond or other security, or if required, the minimum bond or security required.
You and Company agree that these Terms of Use are the complete and exclusive statement of the mutual understanding between you and Company regarding the subject matter herein, and that they supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms of Use.
Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms of Use. You may only transfer your rights or your obligations under these Terms of Use to another person with our prior written consent.
Company’s failure to insist upon or enforce strict performance of these Terms of Use is not a waiver of any of these Terms of Use or Company’s rights. If we do elect to waive a default by you, we will only do so in writing, and doing so does not mean that we intend to or will automatically waive any later default(s) by you.
These Terms of Use shall be governed by and construed in accordance with the FAA, the substantive laws of the State of Florida, United States of America, and applicable U.S. federal law, without regard to any choice or conflicts of law provisions and regardless of your location. Any disputes relating to these Terms of Use will be heard in courts located in Palm Beach County, Florida.
These Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation, for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your User Account and any content or information that you posted at any time, without warning, in our sole discretion. In addition to terminating or suspending your User Account, we reserve the right to take appropriate legal action including, without limitation, pursuing civil, criminal, and injunctive redress. If we terminate or suspend your User Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
If any court or relevant authority shall deem any provision of these Terms of Use to be invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions and the remainder of these Terms of Use shall continue to be fully enforceable.