Colorado: In Network with United Healthcare, Cigna, Aetna, and more! | Accepting New Patients in CO, TX, UT, NY, OH, KY, IN, TN, WA
Colorado: In Network with United Healthcare, Cigna, Aetna, and more! | Accepting New Patients in CO, TX, UT, NY, OH, KY, IN, TN, WA
These Terms of Use (these “Terms”), the Privacy Policy, and any other agreements reached between Very.Health P.C., affiliates, and third party providers (“VERY”) and you (“you” and “your”) concerning your access to, and use of the various Services offered through the Site. VERY owns and operates the website located at very.health and other related websites and mobile applications (collectively, the “Site”). We offer online telehealth services enabling our patients (“Patients”) to report their health history and engage healthcare professionals (“Healthcare Professionals”) to obtain healthcare services (“Services”).
By accessing and using the Site, you agree to be bound by these Terms and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms, you may not use the Site or the Services. These Terms are in addition to the terms of other supplemental agreements VERY will ask you to read and agree to prior to providing you access and use of the Services. You understand that you may not access or use the Services until you agree to the terms of such supplemental agreement(s).
By accessing or using any link, content, information, services, features, or resources available or enabled via the Site, you: (1) agree to be bound by these Terms and any future amendments and additions to these Terms as published through the Site; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into these Terms personally and, if applicable, on behalf of any company, organization or other person or legal entity on whose behalf you use the Site. Except as otherwise provided herein, if you do not agree to be bound by these Terms, you may not access or use the Site.
Right to Modify
VERY reserves the right to modify these Terms or its policies at any time, effective upon posting of an updated version of these Terms on the Site. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms, inclusive of such changes. You should regularly review these Terms, as your continued use of the Site after any such changes constitutes your agreement to such changes.
Site Content
The information contained on the Site (“Content”) is given for general information and general interest purposes only. The Content cannot, and is not intended to, replace the relationship that you have with your health care professionals. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the Site Content is or should be considered medical advice or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
Healthcare Services
The healthcare professionals who deliver Services through VERY may be employed by VERY or independent contractor professionals through their own professional practice. VERY does not practice medicine, psychotherapy, dietitian, or any other licensed professions and does not interfere with the practice of healthcare professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither VERY, nor any third parties who promote the Site or Services or provide you with a link to the Site or Services shall be liable for any professional advice you obtain from a licensed healthcare professional through the Services.
Notice Concerning Services of Non-Healthcare Professionals
You may interact and engage with employees or contractors of VERY that are not licensed health care professionals and are not authorized to provide services requiring professional licensure (“Non-Healthcare Professionals”). Your interactions with your Non-Healthcare Professionals are not intended to be a substitute for professional health care advice, diagnosis, or treatment. Always seek the advice of your physician or therapist with any questions you may have regarding your physical or mental health. Never disregard professional health care advice or delay in seeking it based on any interaction with any Non-Healthcare Professional.
Access to User Accounts
You may be required to provide personal and/or demographic information as part of a registration or log-in process to access the Services. You agree to provide true, accurate, current, and complete information about yourself during registration or log-in process. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. In no event and under no circumstances shall VERY be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the account information, or your release of the account information to a third party.
Fees and Payments
You agree to pay all fees associated with your use of the Services in accordance with billing terms in effect at the time a fee is due and payable. If your health plan, employer, or other agency has arranged with VERY to pay the fee or any portion of the fee, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan, or agency to determine if any Services will be reimbursed. If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all expenses incurred. VERY reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms.
Opt In
As part of providing you with the Services, VERY may need to provide you with certain communications, such as appointment reminders, service announcements, privacy notices, administrative messages, and other communications about the Services (“Communications”). Please review our Privacy Policy and required disclosures for further information on our promotional communications and privacy practices with respect to personal information that you submit through the Services.
You agree that VERY may send to you Communications through electronic means including but not limited to: (1) email, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration (“SMS Messages”), (3) push notifications on your tablet or mobile device, or (4) by posting Communications on Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. You can withdraw your consent to receive Communications by deactivating your account or by contacting VERY at support@very.health. You acknowledge and consent to receive unsecure emails containing information about the VERY program which may also include your confidential personal information and/or protected health information. VERY cannot ensure the security or confidentiality of messages sent by email. This means there is a risk of interception of the information by third parties.
The number of SMS Messages we send as part of our Communications will depend on the frequency of your use of the Services. You can cancel the SMS service at any time. Just text “STOP” to the text you received from Very. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from Very. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@very.health.
Use of the Site
VERY and its licensors own all rights, title, and interest in the Site. The Site is protected by copyright and other intellectual property laws throughout the world. Subject to these Terms, VERY grants you a limited license to use the Site solely for your personal non-commercial purposes. Any future release, update, or other addition to the Site shall be subject to these Terms. VERY and its licensors reserve all rights not granted in these Terms.
Trademarks
VERY’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Site are the trademarks of VERY and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Site are the property of their respective owners. You will not remove, alter, or obscure any copyright notice, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site.
Restrictions on Use of Site
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Site or any portion of the Site; (b) you shall not frame or use framing techniques to enclose any trademark, logo, or Site (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using VERY’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Site except to the extent the foregoing restriction is expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Site to build a similar or competitive Site, application, or service; (g) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Site or use the Site in any way not expressly permitted by these Terms; and (j) you shall not attempt to harm the Site, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Site, or interfering or attempting to interfere with use of the Site by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Site. Any unauthorized use of the Site terminates the licenses granted by VERY pursuant to these Terms.
Use of Site by Children
With respect to any VERY service offerings, no one under 13 (or, if greater than 13, the minimum age at which a person may use the services in your country) (“Minimum Age”) is allowed to create an account or use VERY services. If you are under the Minimum Age, you may only use the Services with the prior consent of your parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor with respect to any of VERY services, clinical and/or wellness, you will be fully responsible for complying with these Terms. VERY does not seek through the Site to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.
Third-Party Links
The Site may contain links to third-party services such as third-party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Site. VERY does not control and is not responsible for Third-Party Links. VERY provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products, or services accessible through such links. Your use of all Third-Party Links is at your own risk.
Indemnification
You agree to indemnify and hold VERY, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, contractors, agents, representatives, partners, and licensors of each (collectively, the (“VERY Parties”) harmless from any damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of any claims concerning: (a) your misuse of the Site; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules, or regulations. VERY reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VERY in asserting any available defenses. You agree that the provisions in this section will survive any termination of these Terms or your access to the Site.
Disclaimer of Warranties and Conditions
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VERY AND VERY AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SITE. VERY.HEALTH P.C. PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Disclaimer of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VERY AND VERY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE SERVICES, WHETHER OR NOT VERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability
UNDER NO CIRCUMSTANCES WILL VERY BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT OF MONEY PAID BY YOU TO US WITHIN THE PAST TWELVE (12) MONTHS.
Basis of the bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VERY.HEALTH P.C. AND YOU.
Suspension or Termination
At its sole discretion, VERY may modify or discontinue the Site or Services, or may modify, suspend, or terminate your access to the Site or Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Site and Services, VERY reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress.
International Users
The Site is controlled and offered by VERY from its facilities in the United States of America. VERY makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other countries do so at their own volition and are responsible for compliance with local law.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with VERY and limits the manner that you can seek relief.
Agreement to Arbitrate
The United States Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this Arbitration Agreement. You and VERY agree that any and all controversies, claims, and disputes arising out of or related to these Terms or the Services or any information provided through the Services, whether based in contract, tort, warranty, statute, or any other legal or equitable basis, including, without limitation, any dispute or claim relating to the formation, interpretation, or enforceability of any part of these Terms (including the scope and enforceability of this Arbitration Agreement) and any claim that all or any part of these Terms is void or voidable (collectively, “Claims” and individually, a “Claim”), shall be finally resolved by binding arbitration, rather than in court; except that you and VERY each retain the right: (i) to bring an individual action in small claims court (if the Claim in question qualifies for small claims court); and (ii) to seek injunctive or other equitable relief in court against actual or threatened infringement, misappropriation or violation of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court.
This Arbitration Agreement has been in effect since June 14, 2022, and is binding for you.
Procedures
Arbitration will be conducted by a single and neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. To learn more about arbitration through the AAA, visit http://www.adr.org.
Prior to initiating arbitration, you and VERY agree to first make reasonable efforts to try to resolve a Claim amicably through good-faith negotiations. If a Claim cannot be resolved amicably within 60 days after a party gives written notice (email sufficient) of the Claim to the other, then either party may initiate arbitration in accordance with this Arbitration Agreement.
To initiate arbitration, a party must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. If you initiate arbitration, please send your written Demand for Arbitration to:
Very.Health P.C.
Attn: Legal / Arbitration
1801 California St, Suite 2400, Denver, CO 80202
Email: legal@very.health
If we initiate arbitration, we will send our written Demand for Arbitration to you at the email or mailing address you have provided to us. In arbitration, the arbitrator will: (i) follow these Terms and apply internal laws of the Delaware, consistent with the United States Federal Arbitration Act and applicable statutes of limitations (or, to the extent (if any) that federal law prevails, will apply the applicable federal laws of the United States, irrespective of any conflict of law principles); (ii) entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Delaware or U.S. federal rules of procedure, as applicable; (iii) honor claims of privilege recognized at law; and (iv) have authority to award any form of legal or equitable relief consistent with applicable laws (except that the arbitrator may not award any punitive, incidental, indirect, special, or consequential damages). The decision of the arbitrator will be final and binding on both parties. Judgment on the arbitration award rendered may be entered in any court of competent jurisdiction.
Authority of Arbitrator
The arbitrator shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and VERY. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Confidentiality
You and VERY agree that the entire arbitration proceeding will be conducted in a confidential manner and that the arbitrator’s decision and award will be kept confidential by both parties and, except as may be required by applicable law or a valid court order, will not be disclosed to any third party without the express prior written consent of both parties.
Waiver of Jury Trial
YOU AND VERY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AND INTELLECTUAL PROPERTY CLAIMS AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and VERY are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in herein above stated provision. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR PERSON. If a decision is issued stating that applicable law precludes enforcement of any of this provision’s limitations as to a given claim for relief, then the applicable claim must be severed from the arbitration and brought in the state or federal courts located in the state of Delaware in accordance with the herein below stated provision regarding exclusive venue. All other claims shall be arbitrated.
Assignment
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without VERY’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Exclusive Venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and VERY agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state of Delaware or federal courts located in the state of Delaware and may be enforced by any court of competent jurisdiction.
Governing Law
THESE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
Waiver
Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability
If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Notice
You may give notice to VERY by emailing legal@very.health or serving delivering such mail by nationally recognized overnight delivery service or first-class postage prepaid mail to 1801 California St, Suite 2400, Denver, CO 80202.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this Site infringes a copyright owned by you, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it blocked. This request should be e-mailed to legal@very.health.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address above.
CONTACT INFORMATION
If you would like to contact us with respect to the Site, please e-mail legal@very.health.
