TERMS & CONDITIONS OF USE
By completing registration with Verb you agree these terms and conditions apply without exception and for valuable consideration to Services accessed and used by you on Verb.
In these terms and conditions:
“Services” means all exercise activities, methods, programmes, content, resources, instructions, information, communication, video, photo, other visuals, and systems available on Verb from time to time and are not professional medical advice, diagnosis or treatment.
“Us” means Verb LLC.
“Verb” means Verb LLC and https://recoveryourverb.com and any other entity including an assignee or successor of Verb providing the Services on Verb as amended, changed or updated from time to time.
“You” means the person named in your registration details as entered by you on Verb.
- Using Verb
You acknowledge and agree with us that in accessing and using Verb:
a. You warrant the accuracy of all information you provide Verb upon registration and at all times while using Verb.
b. You are over 18 years of age.
c. The Services must only be used by You.
d. Access to the Services by unregistered third parties is strictly prohibited.
e. The Services must only be used in the manner and technique designated by Verb.
f. You must not change, alter or modify the way in which the Services are designated for use unless on the specific advice of your health care provider or physician.
g. And before using the Services you obtained health care advice for any medical condition or physical condition from your health care provider or physician for all such conditions.
h. When your health care provider or physician recommends using the Services, they are solely and directly responsible to you for the quality, suitability and appropriateness of the clinical advice and i. care they provide while you use the Services.
i. You will cease using the Services if your own health care provider or physician advises you to do so.
j. You must always obtain advice from your health care provider or physician for any medical condition or physical condition before making changes to your exercise regimen.
k. There is a significant risk of injury or even death from using the Services and you freely assume all these risks.
l. It is not a substitute or replacement for the advice, care and relationship you have with your own health care provider or physician.
m. The Services are general nature only and do not create a relationship of health care provider and patient.
n. Verb is not a health care provider or your alternative health care provider.
o. You must always use the Services in a responsible manner and with due care and attention.
p. Verb may, in its sole and absolute discretion, change, modify or alter the Services at any time.
q. Except for the Services, we do not recommend, endorse or sanction any particular health care provider, physician, test, health product, device or procedure. Links to websites
providing information and product appearing on Verb are for information only and such branded devices and products are not specifically endorsed or recommended by Verb.
r. The Services must not be used for any medical emergency.
s. The Services are not an insurance product. Verb makes no representation or warranty that your health insurer will reimburse you for fees you pay for the Services.
t. You must only access Verb from within the USA, unless it is prohibited or unlawful to do so.
u. Verb may change the fee it charges for the Services. If this happens, it will give you at least 30 days notice of the change.
v. You are the holder of the debit/credit card to which monthly access fees are charged.
w. You must securely maintain as confidential all information comprising your Verb Username and Password.
x. You must notify us immediately if you become aware of or suspect unauthorized use of your Verb Username and Password.
y. We may revoke your access to Verb at any time with or without cause and with or without notice to you.
z. You must not prevent or interfere with the operation and functions of Verb at any time or for any reason.
aa. We will communicate with you by electronic means.
bb. You agree to communicate electronically with us.
cc. If you receive and use a free trial offer from Verb, in our sole discretion, it may be for a period of up to 14 days.
Verb is the legal owner or authorized licensed user of all intellectual property including trademarks, copyright in the website, images, video, film, text, layout, format, presentation, and design comprising the Services.
Copying or reproduction of the Service in any form of media is strictly prohibited.
You must not directly or indirectly use our logos, trademarks or other intellectual property, information or techniques except by a subscription to Verb.
The Services remain available for you to access and use, unless and until, you cease payment to Verb for access to the Services or we terminate your access.
If you do not pay for access to the Services, Verb may, but is not required to, give you notice terminating your access to the Services.
We will use reasonable endeavours to ensure that access to the Services is available 24/7. However, we are not liable to you for any outages caused by the acts or omissions of third parties or circumstances beyond our control.
If we make any changes, modifications or upgrades to the Services which require restricting access to the Services, we will give you reasonable notice before of any planned outages.
We may change, suspend, withdraw, or cease any functions of Verb in our sole discretion and at any time.
We do not represent nor are we agent for other websites that you may use directly or indirectly to access Verb or those appearing on Verb.
Verb does not warrant the safety of, and is not responsible for, any defect in or dangerous condition of facilities, premises, locations, appliances, devices, and equipment you use to perform the Services. You assume all risks arising from any other party being the owner or provider of facilities, equipment, premises, and locations at which you utilize the Services.
You release, exonerate, and forever discharge Verb together with its officers, employees, agents, successors and assigns from all claims, actions, suits, demands, losses (including economic loss), damages, costs (including full legal costs) and other liabilities you may have arising from your use of the Services and those of third parties arising from your use of the Services. This Release and Discharge survives beyond the date your access to Verb ceases.
You indemnify Verb and keep it indemnified from and against any and all personal injury claims, damages, claims, suits and demands (including economic loss claims) and all other claims for loss and damage which may in future be made against it by you or anyone else claiming against Verb arising by, through or connected with Verb or the Services. This indemnity includes full legal and other costs incurred by Verb should it be made a party to any litigation or claim in connection with these Services. This indemnity survives beyond the date your access to Verb ceases.
- Third Party Claims
Subject to any indemnity (if any is available to you) from your insurer, you acknowledge, agree, and accept that you are solely responsible for all claims, actions, suits and demands of any third party arising from your use of or access to the Services.
- Limit of Liability
Despite any other provision, you acknowledge and agree the cumulative liability limit of Verb for the Services to you or anyone else claiming through you is limited to the amount you have paid Verb for the Services for 1 year (or less as the case may be) prior to the date that any cause of action arose. You release Verb from all and any obligation to pay an amount in excess of the limit agreed and imposed by this clause.
- Sole Agreement
You acknowledge and agree that these terms and conditions are the only agreement you have with Verb regarding the Services and may not be varied or changed unless we and you agree in writing to do so.
- Research Consent
You expressly acknowledge, agree and consent to us collating and using your de-identified information for our research projects and further that we may also provide such de-identified information to other third parties to collate and use for research projects.
- Terms and Conditions Enforceable
If any provision of these terms and conditions are determined to be illegal, invalid or unenforceable, the balance of them shall remain in full force and effect.
The laws of Colorado apply to these terms and conditions and any suit, action or claim regarding the Services or these Terms and Conditions must only be brought in the State or Federal Courts located in Eagle County, Colorado.