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Website Terms of Use

Last Modified: February 1, 2023

Introduction

These terms of use (“Terms”) describe your rights and responsibilities regarding the VEOR website (https://www.veor.org)(“Website”), owned and operated by VEOR Inc., a Delaware corporation (“Company”). The terms “you” refer to the person using the Website. Use of the Website is governed by these Terms and our Privacy Policy (available at https://www.veor.org/privacy). By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms and our Privacy Policy. If you do not want to agree to any of these Terms, you must not use the Website.

Modification

The Company reserves the right, in its sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use the Website to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. Your continued use of the Website will be deemed acceptance to the amended or updated terms. If any of the provisions of these Terms are not acceptable to you, your only remedy is to discontinue your use of the Website.

Description of VEOR

The Website is intended to facilitate the following services: (a) provides information about the Company’s mobile application that offers a peer-support platform and self-improvement tools for its users to seek emotional support and self-development; (b) provides administrative support in connection with the Company’s mobile application (“Services”).

Eligibility

To use the Services through the Website, the following must be true:

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  • You are at least 18 years of age or older.

  • You agree to be legally bound by and comply with these Terms and the Privacy Policy.

  • You must have compatible computing or mobile devices, access to the Internet, and certain necessary software required to use the Website.

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You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services from the Company.

Your Responsibilities and Acknowledgement

As a condition of your use of the Services through the Website, you agree to the following:

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  • All the information you provided through the Website is accurate, complete and correct, and you will accurately maintain and update it as needed;

  • your permission to use the Website is personal (the Website will be used only by you), and your identification information is accurate and truthful.

  • You understand and agree that the provision of Services through the Website depends on the completeness and accuracy of your Information. The Company is unable to verify all of your Information. Therefore, the Company is not responsible for any consequences if your Information is inaccurate or incomplete.

  • We are not intended to be, and you understand and agree that the Services do not constitute the provision or practice of medical, nursing, or professional health care advice or services in any jurisdiction. To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained on the Website. The content on the Website is intended solely as general information. The content on the Website is not intended nor implied to be, and you will not use it as, a substitute for professional medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. Always seek the advice of your physician or other qualified healthcare provider prior to starting any new treatment or with any questions you may have regarding a medical condition or concerns regarding your emotional well-being.

Restrictions on Use

You will not use, or encourage or permit others to use, the Website except as expressly permitted in these Terms. Specifically, you will not:

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  • access or use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;

  • license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or related materials in any way;

  • use or access the Website to create or develop competing products or services or for any other purpose that is to the Company’s detriment or commercial disadvantage;

  • take any action or use the Website in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Website or any content, in whole or in part;

  • disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Website or any computer network;

  • bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by VEOR or any of our service providers to protect our Website;

  • input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Website, or any other system, device, or property;

  • remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Website or any content made available to you on or through our Website;

  • use any manual process or automated device to monitor or copy any content made available on or through our Website for any unauthorized purposes;

  • copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to VEOR or third-party content from the Website; or

  • encourage or enable any other individual to do any of the foregoing.

Device Compatibility

The Company does not promise that the Website is compatible with all devices and with all versions/updates of all operating systems or firmware. If you update your operating system or firmware, your version of the application may not function properly. The Company may, but is not obligated to, provide updates to the application that improve compatibility with updated devices. It is your sole responsibility to confirm compatibility before purchasing any sessions.

Disclaimer of Warranties

The Website is available “as is” and “as available” and without any warranties of any kind. Without limiting the generality of the foregoing:

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  • All content, materials, information, software, products, tools, and services included in or available through the Website are provided “as is” and “as available” without warranty of any kind, express or implied. to the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

  • In no event shall we be liable to you or anyone else for any decision made or action taken in reliance on any content on the Website or the use of any services offered through the Website.

  • We do not in any way endorse or recommend any product or service offered through the Website and make no representations or guarantees related to the reliability or accuracy or such product or service.

  • We make no guarantees, representations or warranties, whether expressed or implied, with respect to completeness, accuracy, reliability, or availability of the Website.

  • We do not in any way endorse or recommend any healthcare provider accessible through the Website, any specific tests, procedures, opinions, or other information that may appear through the Website; or that any particular drug or treatment is safe, appropriate, or effective for you.

  • To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any Website linked to it.

  • Neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

  • You understand and agree that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content, user communications or personalization settings.

Limitation on Liability

To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Website, any websites linked to it, any content on the Website, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, the Company’s liability in such jurisdictions shall be limited to the extent permitted by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless VEOR, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.

Governing Law and Jurisdiction

All matters relating to the Company, Privacy Policy, these Terms, and any dispute or claim arising therefrom or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.

We encourage you to contact the Customer Service department via email at support@veor.org if you have concerns or complaints about the VEOR Website or the Services. Generally, user complaints can be satisfactorily resolved this way. If we cannot resolve your concerns informally, disputes between you and VEOR shall be resolved pursuant to this section.

At the Company’s sole discretion, it may require you to submit any disputes arising out of or relating to any aspect of your relationship with VEOR, first to mediation in the Los Angeles County, California, U.S., then next to final and binding confidential arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures as they exist on the date of the initiation of the arbitration (unless otherwise agreed by the parties hereto), applying the substantive internal laws of the State of Delaware, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. Provided that the Parties shall have the right to conduct discovery as provided in the Rules of Civil Procedure of the State of Delaware, including, without limitation, requests for production of documents, subpoenas, and oral depositions. The arbitration will be conducted in the English language in accordance with the United States Arbitration Act.  There shall be one arbitrator, named in accordance with such rules.  The arbitrator shall issue a written explanation of its decision.  IN AGREEING TO ARBITRATION, THE PARTIES ACKNOWLEDGE THAT EACH IS GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION ADMINISTERED BY JAMS. The fees of the arbitrator will be paid initially equally by both parties.

Under this Agreement, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys’ fees, if the applicable law allows.

PLEASE BE AWARE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. YOU AND THE COMPANY AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

Waiver and Severability

No waiver by the Company of any terms or conditions set out in these Terms should be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms and the Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website unless otherwise set forth in a written agreement between you and the Company.

Contact Information

All notices of copyright infringement claims should be sent by the means set out above. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to support@veor.org.

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