Terms of Use

Effective Date: November 30th, 2020

About the RiskAverse Terms of Use

RiskAverse Inc. and its affiliates, successors, and assigns (“We,” “us,” or “RiskAverse”) are committed to maintaining the quality of the Services we provide to you, our Users. These Terms of Use (or the “Terms”) are intended to inform you of the conditions applicable to your use of the Services. The Terms are an agreement between you and RiskAverse related to your use of our Services. Please read the Terms of Use carefully and completely.

Scope of the Terms of Use

RiskAverse’s Terms of Use apply to all RiskAverse platforms and services, including our websites, product features, and other services enabled by such platforms (the “RiskAverse Services” or “Services”). Your use of the RiskAverse Services is also subject to our Privacy Policy, as well as all applicable laws and regulations. In these Terms, the terms “you” and “User” refer to the consumer using the RiskAverse Services.

Important Acknowledgements

Before continuing, it is important that you are aware of the following:

By using any of our Services, including browsing any RiskAverse website, you represent that (a) you have read, understand and agree to be bound by these Terms, (b) that you are of a legal age to form a binding contract with RiskAverse, (c) that you reside in the United States, (d) you will answer any questions posed to you within the Services honestly and to the best of your knowledge, and (e) your use of the Services is entirely voluntary. If you do not agree to these Terms, please do not use the RiskAverse Services.
RiskAverse is not a substitute for and does not provide professional medical advice, diagnosis, or treatment. The RiskAverse Services do not replace your relationship with any doctor or other qualified healthcare provider and may not be appropriate for all medical conditions or concerns. If you think you may be having a medical emergency, call your doctor or 911 immediately.
If you use the RiskAverse Services through your employer, health plan, health care provider, or another entity or platform, your use of the RiskAverse Services may be subject to additional terms and conditions. For more information, see the “Using the RiskAverse Services” section of these Terms.
The section entitled “Dispute Resolution” contains an Arbitration Agreement which will, with limited exceptions, require disputes between you and RiskAverse to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement, you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action of proceeding; and you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
Any dispute or claim relating in any way to your use of our Services will be governed and construed in accordance with the Delaware General Corporation Law as to matters within the scope thereof, and all other matters shall be governed by and construed in accordance with the internal laws of the State of Delaware, without regard to its principles of conflicts of laws.
We may change these Terms from time to time. When changes are made, we will make the new Terms available on the RiskAverse website and update the date upon which the related terms and conditions are effective (the “Effective Date”). Any time we make material changes to these Terms, we will provide you with notice via email (if you have provided your email address to us). If you do not agree to the changes after receiving notice of such changes, you should stop using our Services. Otherwise, your continued use of the Services will mean you accept those changes. Please regularly check the RiskAverse website or other platform to review the then-current Terms.

RiskAverse is Not a Doctor

RiskAverse DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Our Services are not a substitute for professional medical advice, diagnosis, or treatment. Please read this section carefully.

RiskAverse is for Informational Purposes Only

The contents of the RiskAverse Services, such as text, information, data, graphics, images, and other material contained in the RiskAverse Services (“Content”), including general self-care or nutritional information, provider information, or risk assessment information, is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. While RiskAverse strives to keep the Content current, healthcare information changes rapidly, so the Content should neither be relied upon to be fully comprehensive nor interpreted nor construed in any way as a replacement or substitute for medical advice, diagnosis, or treatment provided by your doctor or other qualified healthcare provider.

RiskAverse does not recommend or endorse any specific tests, doctors, physicians, health care providers, products, procedures, opinions, or other information that may be mentioned in our Services. Scheduling features are intended only to inform you of the availability of healthcare providers that may be convenient to you and do not constitute recommendations or endorsements. RiskAverse does not provide physician referrals. Reliance on any information provided by RiskAverse, RiskAverse employees, others appearing on the RiskAverse Services at the invitation of RiskAverse, or other users of the RiskAverse Services is solely at your own risk.

Always Talk to Your Doctor

Always seek the advice of your doctor or other qualified healthcare provider with any questions you may have regarding a medical condition. It is important for you to discuss your treatment options, and any other questions that you may have, with your doctor or other qualified healthcare provider. Never disregard professional medical advice or delay seeking it because of something you have read in the RiskAverse Services.

Call 911 if You Think You Are Having an Emergency

If you think you may be having a medical emergency, call your doctor or 911 immediately.

We do not advocate that you attempt to treat yourself, your family, or someone you know without proper medical supervision. We encourage you to seek the guidance of your doctor or qualified health care provider if you feel that you, your family, or someone that you know may suffer from any conditions described on the Services. If you require urgent care, call your doctor or 911 immediately.

RiskAverse is Not Suitable for Infants

Infants. Symptoms experienced by children under age 2 (“infants”) may be unique for that specific age group. At this time, our Services do not support, nor are they intended to support, symptoms that may be experienced by infants. Please do not use our Services for infants.

Sexually Explicit or Offensive Material

Sexually Explicit Material. Our Services may contain health or medical-related materials or third-party content, including links to websites or services not affiliated with RiskAverse, that are sexually explicit or have the potential to offend some Users. If you find these materials offensive, you may not want to use the Services.

Your Use of the RiskAverse Services

This Section discusses information regarding using our Services, including the registration of a user account. Please read the below terms carefully.

By using the RiskAverse Services you acknowledge and agree that, no doctor-patient relationship exists between you and RiskAverse. You further understand that you are not communicating with a doctor or other medical professional while using the RiskAverse Services. As such, you waive any assumption, presumption, expression, interpretation, association, or other understanding related to the existence of a doctor-patient relationship between you and RiskAverse. As stated elsewhere in these Terms, RiskAverse is not a substitute for, and does not provide, medical advice, diagnosis, or treatment.

Accounts

In order to access certain features of the RiskAverse Services, you must have an Account. You may register for an Account by registering with the RiskAverse Services. Whether or not you register for an Account, you agree that your use of our Services is entirely voluntary. When you use our Services, you may be required to provide us with your personal information. We agree to collect and share your information in accordance with our Privacy Policy.

If you register for an Account, you will be required to create a username and password. By registering for the RiskAverse Services, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration form (the “Registration Information”); and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. You are responsible for protecting your username and password from unauthorized use, and you are responsible for all activity that occurs on your Account. RiskAverse is not responsible for loss or damage caused by your failure to safeguard your username and password. If you believe that your Account has been or may be used without your permission, please contact us in accordance with the “Contact Us” section of these Terms.

If you register for an Account, we also may ask you to provide specific information to enhance your user experience. You may be required to update this information from time to time.

You are responsible for your access to our Services, including but not limited to any equipment, software, and fees incurred, such as Internet or mobile fees.

License to Our Services

Subject to these Terms, RiskAverse grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access our Services for your own internal, non-commercial purposes in accordance with these Terms. Except as expressly set forth in the previous sentence, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Services or any intellectual property rights related thereto without RiskAverse’s express prior written permission.

What You Agree to By Using Our Services

By using our Services, you understand and agree to the following:

(1) You shall not license, sublicense, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit any of our Services;

(2) You shall not frame or utilize framing techniques to enclose any trademark, logo, or other portion of our Services (including images, text, page layouts, or forms);

(3) You shall not use any metatags or other “hidden text” using our name or trademarks;

(4) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of our Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;

(5) 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 any web pages contained in our Services (except to the extent that RiskAverse grants public search engine operators revocable permission to use spiders to copy materials from our Services 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);

(6) You shall not access our Services to build a similar or competitive website, application, or service;

(7) You shall not copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means, any part of our Services except as expressly stated herein; and

(8) You shall not remove or destroy any copyright notices or other proprietary markings contained within our Services.

Event of Breach

If we have reason to believe that you are using our Services in breach of any of these Terms, we have the right to suspend or terminate your use of the Services, including your Account, and refuse permission for you to use our Services now or in the future. You agree not to use the Services if you have been previously removed or banned by RiskAverse. Unless we have expressly agreed otherwise, we are not obligated to provide you with the reason for suspending or terminating your access to our Services.

Additional Terms

In addition to these Terms, certain additional terms and conditions may apply to specific features or in specific circumstances when you use the RiskAverse Services. These additional terms are below.

Using RiskAverse on Behalf of Someone Else

If you use our Services on behalf of someone else, such as a friend or family member, you represent and warrant that you have the authority to use our Services on behalf of that someone else.

Children Under Age 18

Our Services are not directed to children, and we do not knowingly collect personal information from children under age 18. If you are a child who is under age 18, please stop using our Services immediately. If you believe that a child under age 18 has given us personal information, please contact us in accordance with the “Contact Us” section of these Terms.

Enterprise Programs

If you use our Services through your employer, health plan, health care provider, or another entity or platform, you acknowledge and agree that your use of these Services may be subject to additional terms and conditions set forth between RiskAverse and that entity or platform (the “Supplemental Terms”), and any Supplemental Terms are hereby incorporated by reference as they may apply. For more information about the Supplemental Terms that may govern your use of our Services through such an entity or platform, please contact the entity that sponsors your access to the RiskAverse Services.

Order of Precedence

In the event that you use the RiskAverse Services through a separate entity or platform, these Terms, in conjunction with RiskAverse’s Privacy Policy, will take precedence over any conflicting terms and conditions included in the Supplemental Terms unless expressly agreed to otherwise between RiskAverse and the entity or platform that sponsors your access to the RiskAverse Services.

Text Messaging

We may communicate to you via text message, sent either directly from us or through a third-party communications platform (“Text Messaging”). To use RiskAverse’s Text Messaging service on behalf of yourself or someone else, you must be age 18 or older, reside in the United States, and be authorized to communicate with RiskAverse. By submitting your telephone number to RiskAverse for this service, you (a) represent and warrant that you are age 18 or older, and (b) reside in the United States. You also agree to receive communications from RiskAverse from time to time. Your consent is valid for up to one year. You will always have the ability to stop/opt out. Message and data rates may apply. Our use of a third-party communications platform may be subject to additional terms and conditions. If you are experiencing any issues with RiskAverse text message communications, please contact us in accordance with the “Contact Us” section of these Terms.

General Nutritional Information

Some portions of the RiskAverse Services may include general information related to foods, nutrients, diets, or food, nutritional, or dietary supplements associated with certain symptoms or disease risk factors (“General Nutritional Information”). This information is provided to you for self-education purposes only and is not intended to be a substitute for medical advice, diagnosis, or treatment. You are in no way required to take any action based on the appearance of General Nutritional Information within the RiskAverse Services. If you take any action in reliance upon this information provided, you understand and agree that you are doing so at your own risk.

General Self-Care Information

Some portions of the RiskAverse Services may include general instructions or guidance related to diet and lifestyle choices, exercises, activities, or preventative care options that may help lower the risk of contracting certain progressive diseases (“General Self-Care Information”). This information is provided to you for self-education purposes only and is not intended to be a substitute for medical advice, diagnosis, or treatment. You are in no way required to take any action based on the appearance of General Self-Care Information within the RiskAverse Services. If you take any action in reliance upon this Self-Care Information, you understand and agree that you are doing so at your own risk.

Third-Party Materials

Some portions of the RiskAverse Services may include links to Third-Party Materials. The links to these services are provided only for convenience to you and may be subject to additional terms and conditions. See the “Third Parties and Third-Party Licenses” section of these Terms for more information.

Jurisdiction

RiskAverse is controlled and offered by us from the United States; accordingly, these Terms and your use of the RiskAverse Services are governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than the United States. Any or all of our Services may be accessed from countries around the world and may contain references to features and content not available in locations other than the United States. These references do not imply that RiskAverse intends to announce such services or content in these locations. RiskAverse makes no representations that the Services are appropriate or available for use in other locations. Access to or use of the Services from other locations are not permitted.

We do not represent or warrant that the RiskAverse Services or any functionality or feature thereof is appropriate or available for use in any particular jurisdiction. If you choose to access or use the RiskAverse Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all applicable laws, rules, and regulations

Third Parties and Third-Party Licenses

This section explains how we use third-party content, including links, to create a better user experience for you. RiskAverse does not endorse or recommend any third-party services available to you via our Services.

Third-Party Materials

As part of your experience with the Services, RiskAverse may provide you with third-party content, including links to websites or services not affiliated with RiskAverse, and content, designs, media (including audio and visual media), data, applications, and other software, services, or similar material of a third party (together, “Third-Party Materials”) in connection with our Services. These Third-Party Materials are provided only as a convenience to you and do not constitute or imply an endorsement or recommendation by RiskAverse of the third party or the Third-Party Materials. RiskAverse is not responsible for the availability of the Third-Party Materials included within our Services. RiskAverse also does not make any representations or warranties regarding the Third-Party Materials or any of the third-party’s related products, services, content, accuracy, or availability. Your use of any Third-Party Materials is at your own risk and subject to the terms and conditions set forth by the third party. In the event that RiskAverse has entered into a financial relationship with any third party, RiskAverse may disclose that relationship to you.

Third-Party Licenses

Third-Party Materials may be governed by different or additional terms and conditions found in such Third-Party Materials. You are responsible for obtaining, understanding and complying with all Third-Party Terms. RiskAverse has no responsibility or obligation for (a) any Third-Party Materials or your use of the Third-Party Materials; or (b) the Third-Party Terms or your compliance with the Third-Party Terms. For more information about the Supplemental Terms that may govern these Third-Party Materials as part of your use of RiskAverse through a separate entity or platform, please contact the entity that sponsors your access to the RiskAverse Services.

Copyright and Trademark Information

Our Services, and the information contained therein, including but not limited to all software and algorithms underlying the operation of the Services, and all copyrights and trademarks, are the property of RiskAverse and its licensors, and are protected from unauthorized copying and dissemination by U.S. copyright law, trademark law, international conventions, and other intellectual property laws. “RiskAverse” and the related graphics, logos, service marks, and trade names used in connection with the RiskAverse Services are the intellectual property of RiskAverse Inc. under the applicable laws of the United States and/or other countries. All other product names and their related graphics, logos, service marks, and trade names are the intellectual property of their respective owners.

RiskAverse respects the intellectual property rights of others, and we ask that you do the same. RiskAverse may suspend access or terminate access by any user (whether registered or not) that we have reason to believe has violated or may have violated another’s intellectual property rights.

DMCA Notice

If you believe that your work has been copied within the RiskAverse Services in a way that constitutes infringement, you may request removal of that material from the Services by contacting RiskAverse. When contacting us, please provide the following information:

(1) The copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy of the location (for example, the URL) of an authorized version of the work;
(2) The material that you believe to be infringing and its location. Please describe the material, the URL, and any other pertinent information that will allow RiskAverse to locate the material;
(3) Your name, address, telephone number, and (if available) email address;
(4) A statement that you have a good-faith belief that the complained of misuse of the materials is not authorized by the copyright owner, its agent, or the law;
(5) A statement that the information that you have supplied is accurate, and an indication that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
(6) A signature or the electronic equivalent from the copyright holder or authorized representative.

Your Information

This section discusses the information you provide us when you use the Services. We take your personal information very seriously. Please see our Privacy Policy for a description of how we may collect and use your personal information.

Your Responsibilities

By using our Services, you agree that you are solely responsible for any and all of the information that you upload, post, email, transmit, provide, or otherwise share with RiskAverse on behalf of yourself or someone else, such as a friend or family member (in any instance, “Your Information”). You represent that (a) you have all rights necessary to submit Your Information to us, (b) Your Information is true, accurate, and current, and (c) Your Information does not violate these Terms. RiskAverse has no obligation to pre-screen Your Information, but we reserve the right, in our sole discretion, to pre-screen, refuse, or remove any of Your Information with or without notice to you. Unless expressly provided in writing elsewhere or as required by law, RiskAverse has no obligation or responsibility for the accuracy of Your Information or the storage, deletion, transmission, failure to transmit, or receipt of the transmission of Your Information.

If you provide any information that is false, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that Your Information is false, inaccurate, not current or incomplete, RiskAverse may suspend or terminate your use of the Services.

Your Rights

You have certain rights related to the information you provide to us, such as the right to access. You may access Your Information from your Account. If you have not registered an Account, it may not be possible for RiskAverse to provide you with access to Your Information. For more information about your rights to Your Information, please see our Privacy Policy.

Our License to Your Information

By using the Services, with the exception of any personally identifiable information you submit (which may be governed by the Health Insurance Portability and Accountability Act of 1996 as amended (“HIPAA”) or related state-specific privacy laws and regulations) (collectively, the “Excluded Content”), you grant to RiskAverse a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, create derivative works of, and otherwise commercially or non-commercially use Your Information in any manner determined solely by RiskAverse. Subject to our Privacy Policy and any applicable privacy laws and regulations, you grant to RiskAverse a worldwide, non-exclusive, royalty-free, fully paid and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Information (in whole or in part) for the purposes of operating and providing our Services. Our license to Your Information will survive any termination of these Terms.

You shall not take any action or make available any of Your Information on or through our Services that: (1) infringes any intellectual property rights, moral rights, right of publicity, or other right of any person or entity; (2) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (3) interferes with or attempt to interfere with the proper functioning of our Services or uses our Services in any way not expressly permitted by these Terms; or (4) engages in, or attempts to engage in, any potentially harmful acts that are directed against RiskAverse or our Services, including but not limited to violating or attempting to violate any security features of our Services using manual or automated software or other means to access, “scrape,” “crawl,” or “spider” any pages of our Services, introducing viruses, worms, or similar harmful code into our Services, or interfering or attempting to interfere with use of our Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” our Services.

Disclaimers, Limitations of Liability, Indemnification

This section includes information related to your use of the Services, particularly if things go wrong.

Disclaimers

Your use of the RiskAverse Services is at your own risk. When using our Services, Your Information may be transmitted over a medium that is beyond RiskAverse’s control. We assume no liability relating to the delay, failure, interruption, or corruption of any of Your Information or other information transmitted in connection with your use of the Services.

You acknowledge and agree that, to the extent permitted by applicable law, our Services are provided on an “as is” and “as available” basis, with all faults. RiskAverse disclaims all warranties, representations, and conditions, whether express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose, title, availability, security, operability, condition, quiet enjoyment, value, accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery, or system integration.

Limitation of Liability

By using our Services, you understand and agree that in no event will a RiskAverse Party (as defined below) be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages resulting from the use of, or inability to use, the Services or the content of our Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the RiskAverse Party is advised of the possibility of such damages. Under no circumstances will any or all RiskAverse Parties be liable to you for more than $100.00 USD. The foregoing limitations of liability will not apply to liability of the RiskAverse Parties for (a) death or personal injury caused by RiskAverse’s gross negligence, or (b) for any injury caused by RiskAverse’s fraud or fraudulent misrepresentation. The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and RiskAverse.

A “RiskAverse Party” or the “RiskAverse Parties” includes RiskAverse Inc., and those third parties that are connected to your use of the Services, and any of RiskAverse or such third parties’ officers, directors, employees, agents, licensors, and suppliers.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification

You agree to defend, indemnify, and hold the RiskAverse Parties harmless from and against any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Information; (b) your misuse of the Services; (c) your violation of these Terms; (d) your violation of any rights of another party, including any other users; or (e) your violation of any applicable laws, rules or regulations. RiskAverse 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 us in asserting any available defenses. This provision does not require you to indemnify any of the RiskAverse Parties for any unconscionable commercial practice, such as fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with our Services. You agree that this section will survive any termination of your access to the Services, your Account, or these Terms.

Remedies

This Section provides information about RiskAverse’s rights if we determine that you have violated or may have violated any of these Terms.

RiskAverse respects our users and we expect our users to respect us too. If RiskAverse believes that you violated, or may have violated, these Terms, we reserve the right to act, including the right to investigate such violations. RiskAverse will not be liable to you for any suspension or termination of your Account or access to our Services, including for the deletion of Your Information.

If we come to believe that you have breached any portion of these Terms or have otherwise demonstrated conduct inappropriate for the RiskAverse Services, we reserve the right, but are not obligated, to: (a) warn you via email; (b) delete any of Your Information; (c) suspend or terminate your Account; (d) suspend or terminate your access to the Services; (e) notify and/or send Your Information to and/or fully cooperate with the proper law enforcement authorities for further action, in accordance with our Privacy Policy; or (f) pursue any other action which RiskAverse may deem to be appropriate.

If we come to believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, the appropriate legal authorities.

Term and Termination

This section explains when these Terms begin and end, as well as what happens when you delete your Account or stop using RiskAverse.

Term

These Terms commence on the date when you accept them and remain in full force and effect while you use our Services, unless terminated earlier in accordance with these Terms.

Termination

You may terminate access to our Services by ceasing all use of our Services. Subject to applicable law, RiskAverse reserves the right to maintain, delete or destroy all Content, including Your Information and Excluded Content posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. All provisions of these Terms that, by their nature should survive, will survive termination of your Account or access to the Services, including but not limited to licensing rights, warranty disclaimers, and limitations of liability.

Dispute Resolution

You and RiskAverse agree that any dispute, claim, or controversy arising out of or relating to the RiskAverse Terms of Use, your access or use of the Services, or to any aspect of your relationship with RiskAverse will be resolved by binding arbitration rather than in court (the “Arbitration Agreement”). However, you may assert claims in small claims court if your claims qualify. Also, you or RiskAverse may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement includes, but is not limited to, all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms. This Arbitration Agreement will survive the termination of your relationship with us. This Arbitration Agreement is subject to the Federal Arbitration Act.

Arbitration Rules and Forum

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Gust Delaware, Inc., 16192 Coastal Highway, Lewes, Delaware 19958 (Sussex County). Arbitration will be conducted by a mutually agreed-upon alternative dispute resolution provider that you and RiskAverse jointly select. Additionally, the selection of individual arbitrators is subject to mutual agreement between you and RiskAverse. All arbitrators shall serve as neutral, independent, and impartial arbitrators. The Arbitration Agreement and the rights of the you and RiskAverse shall be governed by and construed in accordance with Delaware General Corporation Law as to matters within the scope thereof, and all other matters shall be governed by and construed in accordance with the internal laws of the State of Delaware, without regard to its principles of conflicts of laws. Any arbitration conducted pursuant to the terms of this Arbitration Agreement shall be subject to the Federal Arbitration Act.

Authority of Arbitrator

The arbitrator will have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) 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 RiskAverse. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of any claim, to award monetary damages, and to grant any non-monetary remedy or relief available under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.

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 RiskAverse.

Waiver of Jury Trial

You and RiskAverse hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or jury. Instead, you and RiskAverse agree to resolve all claims and disputes by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. An arbitrator can award the same damages and relief as a court and must follow these Terms as a court would. 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 Collective Relief

All claims and disputes within this Arbitration Agreement must be arbitrated on an individual basis, and not on a class or collective basis. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts in Suffolk County, Boston, Massachusetts, United States. All other claims will be arbitrated.

30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to RiskAverse via email to support@riskaversehealth.com or via mail to the following address: RiskAverse Inc., 4 Bellows Road PO Box 792, Westborough, MA, 01581. You must opt out within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and the statement, “I want to opt out of the Arbitration Agreement.” If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with RiskAverse.

If RiskAverse makes any future material change to this Arbitration Agreement, you can reject that change within 30 days of such change becoming effective by contacting RiskAverse via email to support@riskaversehealth.com or via mail to the following address: RiskAverse Inc., 4 Bellows Road PO Box 792, Westborough, MA, 01581.

Severability of Arbitration Agreement

Except as provided in the subsection entitled “Waiver of Class or Other Collective Relief” above, if it turns out that any portion of this Arbitration Agreement is not enforceable, then that portion will be severed. The remainder of this Arbitration Agreement will remain in full force and effect.

Miscellaneous

This Section provides some additional general terms related to how you and RiskAverse communicate and otherwise interact with each other. This Section is just as important as the Sections above, so please read it carefully.

Consent to Electronic Communications and Notice

The communications between you and RiskAverse use electronic means, whether you access the Services or communicate with us via email or whether we post notices on the Site. For contract purposes, (a) you consent to receive electronic communications from RiskAverse, and (b) you agree that all terms and conditions, agreements, notices, disclosures, and other communications that RiskAverse provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a physical writing. The foregoing does not affect your statutory rights.

Where RiskAverse requires that you provide an email address to us, you are responsible for providing RiskAverse with your most current email address. In the event that the last email address you provided to RiskAverse is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, RiskAverse’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may notify us at the following address: RiskAverse Inc., 4 Bellows Road PO Box 792, Westborough, MA, 01581. Such notice will be deemed given when received by RiskAverse by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the preceding address.

Release

You hereby release RiskAverse and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of these Terms or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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 foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by RiskAverse or for RiskAverse’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with our Services provided hereunder.

No Assignment or Transfer

You may not assign, subcontract, delegate, or otherwise transfer any of your rights or obligations set forth in these Terms. If you attempt to do so, such transfer will be null and void.

Force Majeure

We are not liable for any delay or failure relating to the RiskAverse Services that results from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, pandemics, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Exclusive Venue

To the extent that you or RiskAverse are permitted under these Terms to initiate litigation in a court, both you and RiskAverse agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in Suffolk County, Boston, Massachusetts, USA. You and RiskAverse consent to personal jurisdiction in those courts.

Governing Law

These Terms and any action related to these Terms will be governed and construed in accordance with the Delaware General Corporation Law as to matters within the scope thereof, and all other matters shall be governed by and construed in accordance with the internal laws of the State of Delaware, without regard to its principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

No Waiver

Any waiver or failure to enforce any provision of these Terms on one occasion will not be a waiver of any other provision or of such provision on any other occasion.

Severability

If it turns out that a portion of these Terms is not enforceable, then that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties. This will not affect any other terms.

Imports and Exports

You may not use, export, import, or transfer the Services or any portion thereof except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.

Consumer Complaints

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, by telephone at 800-952-5210, or by email at dca@dca.ca.gov.

Complete Agreement

These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Contact Us

If you have any questions about anything contained in these Terms, please contact support@riskaversehealth.com.

Please note that email communications are not always secure. Please do not include health information, credit card information, or other sensitive information in your email messages to us.