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Legal

Terms Of Service

Legal

 

TERMS OF SERVICE

 

You are attempting to (a) download or install (or have already done so) a mobile software application (the “App”) and/or (b) access the website located at https:www.vurvhealth.com (the “Site”) provided by Vurv Health, LLC (“VURV”). Together, the App and the Site are referred to below as the “Applications”. By downloading, installing or using the App, or accessing the Site, you agree that you have read and understood the following terms of use (the “Terms”) and agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT THIS PAGE AND REFRAIN FROM ANY FURTHER USE OR ACCESS TO THE APPLICATION, AND DELETE ANY COPIES OF THE APP IN YOUR POSSESSION OR CONTROL. When using or accessing the Applications, you agree that you must comply with any guidelines, rules, terms and conditions applicable to such use or access that are posted by VURV, which are hereby incorporated by reference into these Terms, and with any applicable third-party terms of agreement.

 

VURV may modify these Terms at any time by posting the revised Terms on the App or the Site. You can determine when these Terms were last updated by referring to the ‘last updated’ legend at the end of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Applications after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them.

 

VURV reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part to modify, suspend or discontinue the Applications; charge fees in connection with the use of the Applications; modify and/or waive any fees charged in connection with the Applications; and/or offer opportunities to some or all users of the Applications. You agree that neither VURV nor any of its affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Applications, in whole or in part, or of any service, content, feature or product offered through the Applications.

Additional information regarding VURV may be requested on the Site and the App under ‘Support’.

 

PRIVACY POLICY

 

Personalized Target Content. Email subscription information that VURV collects may be used to personalize and target content of the emails user receives from VURV enabling VURV to improve its service to you. As a subscriber, you may receive information from VURV, including VURV promotions, plan, benefit or educational information and/or surveys. VURV will not sell or use the information outside of VURV. VURV may provide general reports on email subscription usage but it will not share email addresses or any personal information that allows for identification of individuals except as described herein.

 

Links and Relationship with Third-Parties. The Applications may contain links to Third-Party or contractor websites. VURV does not control or maintain Third-Party or Contractor sites. VURV does not endorse and is not responsible for the privacy practices of Third-Party or Contractor sites. You should review the privacy policy of these sites to understand how they collect and use the information on their sites. Links to documents are provided as a convenience and do not necessarily reflect the views or opinions of VURV. Links to such documents do not in any way suggest VURV’s endorsement of any product or service specified therein. Links may be found to contain offensive material or may further link to pages that may contain offensive material.

 

Confidentiality, Security, and Use of Email Subscription Information. VURV respects the privacy of its website users. Some features, such as VURV’s doctor directory and the member’s benefit information, relate directly to a member’s personal information. VURV members who enter personal information should know all communication between their computer and VURV’s Web servers are encrypted using Transport Layer Security (TLS) technology. VURV’s security software is the industry standard and among the best software available today for secure transactions. Information of visitors simply visiting the VURV website is not collected. VURV does not store any personal billing information.

 

Protection Data Transmission. The Applications use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information such as your name and address, as well as critically sensitive information such as your credit card number. To help ensure that these measures are effective in preventing unauthorized access to your private information, you should be aware of the security features available to you through your browser. You should use a security-enabled browser to submit your credit card information and other personal information at the Applications. Please note, if you do not use a SSL-capable browser, you are at risk for having data intercepted. VURV will not be responsible for any compromise of data that is intercepted due to your use of an unsecured browser.

Most browsers have the ability to notify you if you change between secure and insecure communications, receive invalid site identification information for the site you are communicating with, or send information over an unsecured connection. VURV recommends that you enable these browser functions to help ensure that your communications are secure. You can also monitor the URL of the site you are visiting (secure URLs begin with https:// rather than the normal http://) along with the security symbol of your browser to help identify when you are communicating with a secure server. You can also view the details of the security certificate of the site to which you are connected. VURV encourages you to use this to check the validity of any site you connect to using secure communications.

 

Telecommunications. You acknowledge and agree that you (and not VURV) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Applications, and for paying all charges related thereto. VURV does not operate or control the Internet or your mobile connection, and therefore VURV does not and cannot guarantee that the Applications will be error or virus free, invulnerable to hackers or other unauthorized users, or always available.

 

Cookies. VURV collects anonymous, non-personal information about users through temporary session cookies. Cookies are small, alphanumeric identifiers that are transferred to a computer’s hard drive through the user’s Web browser, which enables VURV’s systems to recognize the browser and provide personalized features such as a member’s benefit information and doctors who participate in a member’s plan. Session cookies expire when you close your browser. If available, you can choose to have your User ID retained by checking the box next to “Remember my User ID” in the sign-on field. By doing so, a persistent cookie will be saved on the computer’s hard drive allowing the User ID to automatically populate the sign-on field each time they return to the page. This cookie is exclusive to VURV and cannot be obtained or read by other websites. The cookie will not harm the computer; however, for security reasons, use of this feature is not recommended if a user accesses a shared computer.

 

To the extent available, if you do not check “Remember my User ID,” VURV will still collect data about the user’s activities that do not personally or directly identify the user when visiting our website. This information may include the content the user views, the date and time that the user views this content, the products the user purchases, or the user’s location information associated with the user’s IP address. VURV does not collect personal identifying information about a user, will not link to any protected health information, and will not target ads to a user based on sensitive health data.

 

In addition, VURV uses technologies such as cookies and pixels to keep track of user activities on the Applications and the websites of VURV’s third-party advertising companies (“Advertising Partners”), and may use those cookies to serve user more relevant advertisements. VURV and the Advertising Partners’ sites use session cookies and persistent cookies to make it easier for user to navigate and enhance the experience of the site, and to monitor and evaluate the site’s operation and use. Any data used to serve targeted advertisements is de–identified and is not used to personally or directly identify a user. VURV requires third-parties, including Publishers, to provide notice and obtain appropriate consent, where required by applicable law.

 

VURV may work with Advertising Partners to help VURV recognize users and serve relevant advertisements to users when you visit a website or online service in their network. VURV may also work with Advertising Partners who help VURV recognize users across different devices in order to show users relevant advertisements. VURV Advertising Partners may collect information about user’s activities on the Applications, VURV’s Advertisers’ websites, and other websites or online services in their networks. VURV may also work with third-party companies to assist VURV with website analytics such as evaluating the use and operation of the Applications so that VURV can continue to enhance the Applications and VURV’s services.

 

VURV may use persistent cookies to keep track of user’s activities when user visits the Applications and to serve user relevant advertisements. VURV’s Advertising Partners may also place persistent cookies on user’s device when you visit the Applications or VURV’s Advertisers’ websites in order to help VURV recognize user and serve relevant advertisements to user when user visits their website or online service or websites in their networks. VURV only collects information that does not personally or directly identify you via these cookies.

 

Most browsers can be set to reject all cookies. The Help portion of the toolbar on most browsers will tell a user how to prevent the browser from accepting new cookies, provide notification if new cookies are received, or disable cookies altogether. However, if cookies are rejected, you will not be able to take advantage of the following member-specific capabilities of the Applications: (a) finding a participating doctor specific to their plan; (b) viewing personal eligibility and coverage details; (c) viewing information on services received; and (d) viewing a dependent’s benefit details. If cookies are not rejected, the user will be able to utilize these capabilities.

 

You may have the right to request access to and receive information about the personal information VURV maintains about you, update and correct inaccuracies in your personal information and have the information blocked or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. You also have the right to opt out, free of charge, from the processing of your personal information for marketing purposes. All requests for access, rectification, blocking and opting-out must be made in writing, signed, dated and emailed to support@vurvhealth.com.

 

UNAUTHORIZED USE OF THE APPLICATIONS; SUSPECTED VIOLATION OF THESE TERMS OF USE OR LAW; INJUNCTIVE, EQUITABLE RELIEF, AND LIQUIDATED DAMAGES

 

Any illegal or unauthorized use of the Applications shall constitute a violation of these Terms. You do not have permission to access the Applications in any way that violates these Terms. Illegal or unauthorized use of the Applications includes, but is not limited to, unauthorized framing of or linking to the site, or unauthorized use of any robot, spider or other automated process on the Applications. It shall also be a violation of these Terms for any individual (or group of individuals acting in concert) to request, more than 100 pages of content from site in any twenty-four hour period (hereafter referred to as “Abusive Use”).

 

You acknowledge that you are seeking access to a private computer system for authorized users only. Unauthorized access or use of the Applications is prohibited. You expressly consent to monitoring of your activities by system personnel and understand that information relating to possible criminal conduct may be provided to officials for disciplinary and/or legal action. A user’s network traffic is monitored and logged for auditing purposes. By creating an account, you acknowledge that you are authorized user and you are responsible for using VURV systems in a productive, ethical, and lawful manner.

 

You agree that you will not use any robot, spider or other automatic device, process or means to access the Applications. Nor shall you use any manual process to monitor or copy the Applications pages or the content contained thereon or for any other unauthorized purpose without VURV’s prior express written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Applications nor shall you attempt to interfere with the proper working of the Applications. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Applications without the prior express permission of VURV.

 

Violation(s) of these Terms, including unauthorized entry or unauthorized use of this site, may be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal and/or injunctive redress. You understand and agree that in VURV’s sole discretion, and without prior notice, VURV may terminate your access to the Applications, remove any unauthorized content or exercise any other legal or equitable remedy available, if VURV believes that your conduct or the conduct of any person with whom VURV believes you act in concert, or the content provided by you, violates or is inconsistent with these Terms or the law, or violates the rights of VURV or another user of the Applications. You agree that monetary damages may not provide a sufficient remedy to VURV for violations of these Terms and you consent to the application of injunctive or other equitable relief for such violations.

 

You agree that Abusive Use of the site, as defined above, causes damage and harm to VURV in the form of, among other things, impaired goodwill and increased expenses associated with responding to Abusive Use of the Applications. You further agree that monetary damages for Abusive Use are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and inconvenient to calculate. Accordingly user agrees that injunctive or other equitable relief is warranted for Abusive Use. Therefore, you agree that if you, or others who act in concert with you, alone or collectively request more than 100 pages of content from the Applications in any twenty-four hour period, you, and those acting in concert with you, may be held jointly and severally liable for reasonable attorney’s fees, expert witness fees and costs associated with injunctive or other equitable relief.

 

APPLE-SPECIFIC TERMS AND CONDITIONS. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of the version of the App that is compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including, without limitation, any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to VURV in accordance with the “QUESTIONS” section below. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App StoreTerms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, VURV’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

 

ALPHABET (GOOGLE/ANDROID) SPECIFIC TERMS AND CONDITIONS. In addition to your agreement with the foregoing Terms, you acknowledge and agree to the following provisions with respect to your use of the Android compatible version of the App. This App is an agreement between you and us. Our App is available to our customers. Alphabet Inc. (“Alphabet”) is not a party to the App Terms and does not own and is not responsible for the App. Alphabet is not providing any warranty for the App. Alphabet is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including, without limitation, any third party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to us at the address provided in the ‘Contact Us’ section of the App. The license you have been granted herein is non-exclusive, worldwide, and perpetual to perform, display, and use the App on the device. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Alphabet and Alphabet’s subsidiaries are third party beneficiaries of this Terms and that, upon your acceptance of the Terms, Alphabet will have the right (and will be deemed to have accepted the right) to enforce this Terms against you as a third party beneficiary thereof.

 

Alphabet, Google, Google Play, Android and other marks are trademarks of Alphabet Inc., registered in the U.S. and other countries.

 

HIPAA DISCLOSURE

 

VURV DOES NOT COLLECT, USE, OR STORE ANY PERSON HEALTH INFORMATION (“PHI”) OF USERS, AS DEFINED UNDER THE 1996 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT, AS AMENDED, (“HIPAA”) NOR TRANSMITS ANY PHI TO AN ENTITY THAT FALLS UNDER HIPAA, AND ACCORDINGLY VURV IS NOT SUBJECT TO HIPAA DISCLOSURE AND COMPLIANCE REQUIREMENTS.

 

OWNERSHIP AND CONTACT INFORMATION

 

The Applications, including any content made available through the Applications, are the property of VURV and are protected by applicable intellectual property laws. Any logo, trademark, service mark, domain name, or trade name appearing on the Applications, including VURV and VURV HEALTH (“Marks”), whether registered or not, are the property of VURV or any of its subsidiaries or affiliates and you may not use any Marks without the express written permission of VURV. The App is licensed, not sold, to you. You may utilize the Applications only as permitted by these Terms. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Applications; (2) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by VURV; (3) sublicense, distribute, sell or otherwise transfer the Applications to any third party; (4) use the App as a service bureau, or lease, rent or loan the App to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications; (6) interfere in any manner with the operation of the Applications; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications; (8) create a database by systematically downloading and storing the Applications; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent; or (10) use the Applications for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the

 

Applications. You understand and agree that VURV’s ownership of data on the Applications extends to your membership information details which may be used by VURV in its discretion, subject to applicable laws, whether during the term of your membership or use of the Applications or after such membership or use ends.

 

SIGNING ON TO VURV

 

Creating an Account. You may choose to sign on to the Applications by creating an account with a User ID and password of your choice. When creating an account, you must provide personal contact information. This information may be updated by clicking “User Profile”. Your User ID will remain the same, regardless of updates to your user name, phone number and email address. If you opt to sign on to the Applications, you will be able to take advantage of the following member-specific capabilities: (a) finding a doctor who participates in your specific plan; (b) viewing your personal eligibility and coverage details; and (c) viewing benefit details regarding your dependents. If you opt not to sign on to the Applications, you will not be able to utilize any of the member-specific capabilities mentioned in this paragraph.

 

CONDITIONS LIMITATIONS, BILLING TERMS, RENEWAL, AND CANCELLATION.

 

VURV offers a discount membership program. VURV is not a licensed insurer, health maintenance organization or other underwriter of health care services, or a preferred or participating provider organization. No portion of any provider’s fees will be reimbursed or otherwise paid by VURV. VURV is not licensed to provide and does not provide medical services or items to individuals. You will receive discounts for services at certain health care providers who have contracted with the plan. You are obligated to pay for all health care services at the time of service at the Point of Sale (POS). Savings are based upon the health provider’s normal fees. Actual savings will vary depending upon location and specific services or products purchased. Savings and pricing are pre-negotiated contracted amounts agreed to between VURV and VURV’s network partners. You are responsible to verify all services with each individual provider. The plan’s discounts may not be used in conjunction with any other discount plan or program. All listed or quoted prices are current prices by participating providers and subject to change without notice. Any procedures performed by a non-participating provider are not discounted. From time to time, certain providers may offer products or services to the general public at prices lower than the discounted prices available through this plan. In such event, members will be charged the lowest price. Discounts on professional services are not available where prohibited by law. VURV does not discount procedures. VURV updates the list of providers on a monthly basis and providers are subject to change without notice and services may vary in some states. It is your responsibility to verify that the provider participates in the plan prior to receiving any service from a provider. At any time VURV may substitute a provider network at its sole discretion. VURV cannot guarantee the continued participation of any provider. If the provider leaves the plan, you will need to select another provider. Participating plan Providers are solely responsible for the professional advice and treatment rendered and VURV disclaims any liability with respect to such matters.

 

BILLING TERMS AND CONDITIONS

 

By joining VURV you are authorizing VURV to bill your credit card or checking account for the plan you selected. This charge shall renew until you cancel the plan on the Site or the App. By joining, you indicate that you have read the terms and conditions of the plan. THE PLAN WILL AUTOMATICALLY RENEW AT THE END OF YOUR MEMBERSHIP TERM, AND YOUR CREDIT CARD OR BANK ACCOUNT WILL BE AUTOMATICALLY CHARGED OR DRAFTED FOR THE APPROPRIATE AMOUNT. VURV reserves the right to terminate your plan for any reason, including non-payment. If VURV terminates the plan or your membership for a reason other than non-payment, you will receive a pro-rata refund of your membership fees.

 

You have the right to cancel within the first 30 days after effective date or receipt of membership materials (whichever is later) and receive a full refund, less the processing fee, if applicable. If for any reason, after the initial 30 days period, you are dissatisfied with the plan and wish to cancel your plan, you must cancel the plan by logging in to the Site or the App and submitting a cancellation request and VURV will stop collecting membership fees in a reasonable amount of time. Membership fees will not be pro-rated for the remainder of the term of your plan. After you cancel, you will continue to have access to the plan for the remainder of the period for which you have paid and your membership and your account and any access thereto, including by any sub-member of your account, will terminate at the end of that period. As a condition of membership, it is your obligation and responsibility to cancel your recurring subscription membership prior to the next scheduled billing cycle. There are no pro-rated refunds provided for cancelations occurring after the rebilling date except for quarterly, semi-annual, or annual memberships in FL, ND and OK where you will receive a pro-rata refund whenever you cancel.

 

Protecting Users Password. By creating an account you are responsible for safeguarding your own password, including, but not limited to, the responsibility to not improperly disclose or allow the disclosure of your password to unauthorized persons. If you suspect that your password has been compromised, please notify VURV immediately. The sharing of VURV usernames and passwords is strictly prohibited and constitutes theft of VURV services and is grounds for immediate membership termination with forfeiture of membership fees.

 

Inactive Users Account. As part of VURV’s commitment to safeguard confidential information, inactive user accounts for most clients may be deleted after 18 months of inactivity. If your account is deleted due to inactivity, please re-create an account to obtain access to VURV.

 

Support Response Time. VURV will make best efforts to respond to support related emails, electronic messages, and other communications transmitted via the Site and App as soon as reasonably practical. Please visit vurvhealth.com/support for additional support information.

 

CONTENT, DISCLAIMER OF WARRANTIES, AND LIMITATIONS OF LIABILITY

 

Content and Disclaimer. VURV has taken reasonable steps to ensure that the information on the Applications is accurate and timely. VURV, however, assumes no responsibility for any errors or omissions on the Applications or for the accuracy, truthfulness, or content of other documents that are referenced or linked to the Applications. Nor does VURV make any commitment to update the information contained herein. The information on the Applications and any content or documents are subject to change without notice. Health information content appearing on the Applications is not intended as, and shall not be received or construed as patient-specific advice or a substitute for patient-specific advice. VURV makes no representations about the suitability of this information for any purpose. It is provided “AS IS” without express or implied warranty, including, but not limited to, the implied warranties of merchantability, or fitness for a particular purpose.

 

Limitations of Liability. IN NO EVENT SHALL VURV BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORT ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. VURV MAY NOT BE HELD LIABLE FOR MORE THAN $100 OR THE AMOUNT PAID BY YOU FOR THE MOST RECENT TERM UNDER YOUR SUBSCRIPTION, WHICHEVER IS GREATER, UNDER ANY PROVISION OF THESE TERMS.

 

No Medical Advice. YOU EXPRESSLY AGREE THAT VURV IS NOT PROVIDING MEDICAL ADVICE VIA THE APPLICATIONS. THE CONTENT PROVIDED THROUGH THE APPLICATIONS, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY VURV OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE APPLICATIONS, AND YOU SHOULD NOT USE THE APPLICATIONS OR ANY CONTENT ON THE APPLICATIONS FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND VURV.

 

Release. YOU EXPRESSLY AGREE TO RELEASE VURV, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APPLICATIONS, (b) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE APPLICATIONS, (c) ANY DELAY OR INABILITY TO USE THE APPLICATIONS EXPERIENCED BY YOU, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE APPLICATIONS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF VURV HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

Indemnity. You agree to indemnify and hold VURV and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise seek to make available through the Applications, your use of the Applications, your connection to the Applications, your violation of the Terms, or your violation of any rights of another person or entity.