Terms And Conditions
The below Terms and Conditions of Service govern your access and use of any and all Veriheal Inc. (further referred to as Veriheal) owned or operated web sites (including mobile sites), mobile applications, interactive features, widgets, and/or other online services (collectively, referred to as the “Service”), regardless of how you access or use the Service, whether via personal computers, mobile devices or otherwise. By accessing or using the Service, you expressly accept and agree to the TCS and enter into a legally binding contract with Veriheal. Do not access or use the Service if you are unwilling or unable to be bound by the TCS.
In some instances, both the TCS and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between the TCS and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms which you accept by using the Service.
I. WHAT VERIHEAL DOES
Veriheal is not a medical marijuana collective or cooperative. We offer (a) to receive information from medical cannabis patients, (b) to perform patient pre-verification checks in compliance with all applicable laws and regulations, and (c) a virtual environment, such as a website and mobile app, through which patients and lawfully operated collectives, cooperatives, and delivery services may establish a relationship for the provision of medical cannabis.It is the sole responsibility of the third party doctors, or collective, cooperative, or delivery service to be in compliance with applicable state laws and regulations. While we make reasonable efforts, such as by reviewing state licenses, to ensure that any third party providers with whom we affiliate operate in compliance with applicable regulations, we make no representations, promises, or warranties with respect to the legality, suitability, or otherwise regarding such third party providers and have no responsibility or liability with respect to services provided to you by such third parties.
II. EFFECTS OF ACCESSING AND USING VERIHEAL’S SERVICE
You may only access the Service using authorized means. The Company is not liable if you do not have a compatible handset or if you can not operate the Application for your devices. The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device. You also agree that the opinion expressed by a Licensed Health Care Provider using this Site is not that of Veriheal and will not be used in any legal dispute against Veriheal, including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims.
A. ACKNOWLEDGEMENT OF AND AGREEMENT TO ABIDE BY ALL APPLICABLE MEDICAL CANNABIS LAWS
By signing up for Veriheal and/or using any Veriheal service, you expressly acknowledge that Veriheal is solely for qualified patients residing in states who have adopted legislation providing medical use of marijuana. You further represent that you are such a patient or, where permissible, the primary caregiver for such a patient. You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the use, possession, cultivation, transportation, and distribution of medical cannabis. You further acknowledge that any of these activities may be illegal under state law unless all participants are acting completely within the scope of their respective states’ medical marijuana laws You further acknowledge that you understand that the use, possession, cultivation, transportation, and/or distribution of cannabis is illegal under federal law, and that individuals are subject to arrest and/or prosecution by federal officials. You acknowledge and agree that Veriheal neither provides nor has any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution. Veriheal has its principal place of business in Washington D.C.. However, Veriheal may is accessible to all states. Whichever state you live in, you must abide the by and follow the laws of the state in which you are a resident.
B. VERIHEAL MAY NOT BE USED BY OR FOR THE BENEFIT OF MINORS
By using the Application or Service, you expressly represent and warrant that you have the right, authority, and capacity to enter into this Agreement and that you will abide by the terms and conditions of this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application or Service until you are of legally sufficient age and capacity. In all events, the Service and Application are not available to persons under the age of 18. By using the Application or Service, you represent and warrant that you are at least 18 years old.
C. Veriheal IS TO BE USED ONLY FOR PERSONAL USE IN COMPLIANCE WITH APPLICABLE LAWS
Your participation in using the Service and/or Application is for your sole, personal use. You agree that you may not and shall not authorize others to use your user status; that you may not and shall not assign or otherwise transfer your user account to any other person or entity; and that you may not and shall not share with or distribute to any third party any medical cannabis except to the extent you are the primary caregiver for a qualified patient, where applicable law provides for the same. You, being the patient or potential patient, agree that Veriheal and/or the doctor can email you any records, documents, patient attestations, recommendations, or any relevant documentation or information pertaining to your medical marijuana evaluation and treatment.
By using the Application or the Service, you agree that:
- You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Service or Application in any way whatsoever.
- You will not copy, or distribute the Application or other content without written permission from the Company.
- You will only use the Application and Service for your own use and will not resell it to a third party.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
- You will provide us with whatever proof of identity we may reasonably request.
- You will only use an access point or data account (AP) which you are authorized to use.
- You will at all times act in full compliance with the laws of your State pertaining to medical (or the recreational use of) cannabis collectives and/or cooperatives.
- You will at all times use the Service SOLELY as a qualified medical cannabis patient and/or, where permitted by applicable law, as a primary caregiver for such a qualified patient.
In addition to the foregoing User Requirements, all Third Party Providers, such as doctor’s, medical cannabis collectives, cooperatives, and delivery services, must:
- Be legally organized and operating in Compliance with the laws of your State;
- Obtain, and maintain at all times, the required local business licenses and permits;
- Make such licenses and permits available for inspection by the Company upon reasonable request;
- Have all members and Users agree to be bound by the terms of a Collective or Cooperative Membership Application;
- Obtain every member’s and User’s medical cannabis physician recommendation and verify its authenticity and the physician’s legal standing to issue such recommendation;
- Prohibit distribution and sales of medical cannabis products to non-members;
- Provide adequate security to ensure that members are safe and protect the surrounding community.
III. LICENSING A. LICENSES GRANTED BY VERIHEAL TO USERS
We are willing to license, not sell, the Veriheal Application to you only upon the condition that you accept all the terms contained in this Agreement. By signing up for or by installing, downloading, or using the Veriheal Application, you indicate that you understand this Agreement and accept all of its terms. You are free to reject the terms of this Agreement, but understand and agree that if you do not accept all the terms of this Agreement, the Company does not and will not license the Application to you.
Subject to your compliance with the terms and conditions of this Agreement, Veriheal grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Company Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement.
Veriheal reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.
B. LICENSES GRANTED BY USER TO VERIHEALi. USER CONTENTa. KEY CONTENT-RELATED TERMS
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Company Content” means Content that Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.
“Collective Content” means, collectively, Company Content and User Content.
b. LICENSE WITH RESPECT TO USER CONTENT
Veriheal may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service or Application, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service or Application. Veriheal does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or Application or you have all rights, licenses, consents and releases that are necessary to grant to Company and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Users agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; b) that advertises any illegal service or the sale of any items which are prohibited or restricted by the laws of your state; c) attempt to gain unauthorized access to Veriheal computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Application.
In the event that any User Content you publish on or by way of any Veriheal property is accused of infringing any third party’s intellectual property or other rights, you agree to indemnify, defend, and hold Veriheal harmless against such claims, as further discussed below in the section regarding INDEMNIFICATION.
c. DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
Veriheal respects all intellectual property rights, including copyright. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a notice to firstname.lastname@example.org that includes all of the following:
(i) a legend or subject line that says contains proprietary information;
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
(iv) your full name, address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
ii. PERSONAL AND NON-PERSONAL DATA AND INFORMATION
IV. INTELLECTUAL PROPERTY OWNERSHIP
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Application and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
V. THIRD PARTY INTERACTIONS
During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Application and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. The Company may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
We are under no obligation to enforce the TOS on your behalf against another user. While we encourage you to let us know if you believe another user has violated the TOS, we reserve the right to investigate and take appropriate action at our sole discretion.
VI. TERMINATION OF SERVICE
You agree that Veriheal, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Veriheal believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that Veriheal shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
You may terminate the TOS at any time by closing your account, discontinuing your use of the Service, and providing Veriheal with a notice of termination.
In the event of any termination of the TOS, whether by you or us, the remaining portions of these TOS remain in full force and effect, including our right to use Your Content.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify, and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of delivery services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.
IX. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
A. INTERNET DELAYS
THE COMPANY’S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
B. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE COMPANY’S LIABILITY FOR ANY COMPLAINT SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY.
THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY DELIVERY SERVICE PROVIDERS FOR THE PURPOSES OF PROVIDING DELIVERY SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY DELIVERY SERVICE PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY DELIVERY SERVICE PROVIDER. YOU ACKNOWLEDGE THAT THIRD PARTY DELIVERY SERVICE PROVIDERS PROVIDING DELIVERY SERVICES REQUESTED THROUGH Veriheal MAY OFFER DELIVERY SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE QUALITY OF THE DELIVERY SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH DELIVERY SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO A DELIVERY SERVICE THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.
X. DISPUTE RESOLUTION A. TIME TO PRESENT CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Application or to this Agreement must be filed within one (1) year after such claim or cause of action accrued or shall be forever barred.
XI. FEE AND REFUND POLICY
Any fees that the Company may charge you for the Application or Service are due immediately and are non-refundable. The company does not have to refund you for any charges or fees you have paid no matter what the scenario. The company reserves the right to refund you if deemed necessary. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you wish to learn more regarding how we charge for the Service of Application.
The Company may give notice by means of a general notice on the Service or Application, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information.
UNDERSTANDING OF TERMS AND CLAIMS IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
Cannabis is currently listed as a Schedule I controlled substance pursuant to the federal Controlled Substances Act. Consequently, possession, distribution, cultivation, and manufacture of cannabis are illegal under federal law. Upon acceptance of this Agreement, you represent and warrant that you understand the varied legal risks associated with your use of cannabis for medical treatment, including arrest and prosecution under applicable federal laws. Should any criminal or civil administrative or legal actions be instituted against you for your use or possession of cannabis for medical treatment as recommended by a Licensed Health Care Provider you select through Veriheal, you will not hold Veriheal or any of its Licensed Health Care Providers liable for any loss, injury, or claims of any kind resulting from those actions. You are solely responsible for maintaining a full understanding of the medical cannabis laws in the state in which you reside.
Veriheal does not in any way engage in the cultivation, manufacture, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise. Licensed Health Care Providers subscribing to the Site do not in any way engage in the cultivation, manufacture, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise. Neither Veriheal nor its Licensed Health Care Providers shall assist you at any time or in any way in the procurement of any cannabis or cannabis product for your consumption, possession, sale or distribution, cultivation, or manufacture of the same for medical use or otherwise. Neither Veriheal nor its Licensed Health Care Providers shall procure on your behalf any cannabis or any cannabis product in any form whatsoever for your medical use or otherwise.
LIMITATION OF LIABILITY
IN NO EVENT SHALL VERIHEAL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, CRIMINAL CHARGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VERIHEAL ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER VERIHEAL NOR ANY THIRD PARTIES MENTIONED ON THE SITE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR CRIMINAL ACTION AGAINST YOU CAUSED BY YOUR USE OR MISUSE OF THE SITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE. THE POSSESSION AND USE OF CANNABIS, INCLUDING FOR MEDICAL USE, REMAIN FEDERAL CRIMES AND NEITHER VERIHEAL NOR ANY OF ITS LICENSED HEALTH CARE PROVIDERS ARE LIABLE FOR ANY CRIMINAL ARREST OR PROSECUTION YOU MAY EXPERIENCE AS A RESULT OF YOUR POSSESSION, USE, CULTIVATION, MANUFACTURE, OR DISTRIBUTION OF CANNABIS FOR MEDICAL USE OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
XIII. MISCELLANEOUS PROVISIONS
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Application.
The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
This User Agreement constitutes the entire agreement and understanding between you and Veriheal and governs your use of the Service and Application, superseding any prior agreements or understandings between you and Veriheal.
The User Agreement and the relationship between you and Veriheal shall be governed by the laws of the State of California without regard to its conflict of law provisions.
The failure of Veriheal to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, 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.