Terms & Conditions

1. Welcome to Veyda

Virage Wellness, LLC, d/b/a Veyda (“Veyda,” “we,” “our,” “us”), operates the website located at veyda.com (the “Website”). These Terms of Use (“Terms”) govern your access and use of the Website, along with our related websites, mobile applications, and other services (collectively, the “Properties”). These Terms are a legally binding contract between you and Veyda regarding your use of the Properties. These Terms of Use are also incorporated by reference into our Privacy Policy.

2. Acceptance of these Terms

BY CREATING AN ACCOUNT, LOGGING INTO YOUR ACCOUNT, OR BY BROWSING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PROPERTIES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, AS UPDATED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF USE, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE PROPERTIES AND YOU MUST IMMEDIATELY STOP ACCESSING THE PROPERTIES.

3. Modification and Changes to Terms

We reserve the right, in our sole discretion, to modify or update these Terms at any time for any reason, with or without prior notice to you, and any such changes to these Terms will supersede and replace any previous Terms effective immediately upon posting to this page. It is your responsibility to periodically review these Terms as posted here for any changes. Your continued use of the Properties after the posting of changes to these Terms will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Properties if you do not agree with any changes to these Terms.

4. License to Use the Properties

We are pleased to grant you a non-exclusive, revocable, limited license to use the Properties solely for your personal and non-commercial use. You may only use the Properties in the way the Content (as defined below) you access is intended and in compliance with these Terms and with all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained with the Properties without the express written consent of Veyda. You may not use the Properties or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms are reserved and retained by Veyda and/or its Content providers. The licenses granted by Veyda terminate if you do not comply with these Terms and/or any other Properties terms and conditions.

5. Children’s Online Privacy Protection Act Notification

You may only use the Properties if you are 18 years of age or older. To register for an account, purchase services via the Properties, subscribe to receive any Content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”), you must be 18 years of age or over.

6. Registration / Accounts

You may create an account by filling out our application (an “Account”). If we have accepted your application, we may allow you to create an Account (a “Registered User”). You do not need to create an account to receive Content or other marketing information.

By submitting an application to create an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with Veyda; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Service permit such updates; and (d) use limited-access portions of the Services only using access credentials that we have issued to you. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use. Veyda will not be liable for any losses caused by any unauthorized use of your account.

You may terminate your Account at any time by following the prompts in your Account. Following termination, you will not receive any further communications from us unless and until you re-register by creating a new Account or request a new Subscription. Our rights under these Terms will expressly survive termination of these Terms, the cessation of your use of or access to the Properties, termination of your Account and/or cancellation of your Subscription.

7. Account Fees and Duration

‍Your use of the Properties is conditional on your paying in full the applicable Account fees plus any applicable initiation fee (together, our "Fees"). The total Fees (and initiation fee, if any) will be made available to you before you sign for an Account. Some third party services are not included in your Fees; under no circumstances will your Fees go towards medical procedures. Please see our Membership Tier page for more information.

Your Subscription is valid for 12 calendar months from the date when it is granted or renewed (the "Subscription Term") and will renew automatically upon expiry of a Subscription Term in perpetuity unless you contact Veyda to request the deletion of your membership account, at least 14 days prior to the end of the relevant Subscription Term.

Our Fees may vary from time to time. If your level of annual membership component of the Fees varies from one Subscription Term to another, we will inform you of the change at least 30 days before the expiry of your then-current Subscription Term.

We reserve the right to refuse to grant or renew membership in our sole discretion and for any reason. We are under no obligation to provide reasons for our acceptance or refusal of any application or renewal.

‍Our Fees must be paid in full for each Subscription Term prior to such membership being granted or renewed.

If your membership is renewed, payment for your Fees will be taken automatically on or around the first day of the new Subscription Term ("Renewal Date"). If you do not wish to renew your membership, please cancel your Veyda Account in accordance with the procedure set out herein and no further payments will be taken. Accounts are non-transferable and cannot be paused or suspended.

8. Lifestyle Services

From time to time on the Properties, we may purchase goods and/or services or make bookings or reservations on your behalf from one or more supplier(s) that we have identified, recommended, sourced or otherwise selected for you, or that you have requested (a "Supplier", and each providing a "Lifestyle Service", and "Lifestyle Services").

The terms in this Section 8 do not apply where we provide you with a link or other details for you to order goods or services from a Supplier direct and without any further involvement from us (if this is the case, please see Section 14 below).  

In most cases, some separate terms and conditions (either in addition to, or instead of, this Section 8) will apply to a Lifestyle Service. If so, it is your responsibility to read and agree to the applicable terms and conditions of the relevant Lifestyle Service..

When we introduce you to Lifestyle Services, we endeavor to choose Suppliers whom we feel might be suitable for you. However, this should not be construed as an endorsement by Veyda of such Supplier, or of any advice that such Supplier may give you, and you are responsible for ensuring the suitability of any third party with whom you deal (including checking the suitability, quality or merit of any goods or services that they may offer). This remains the case when Veyda is acting as the agent and contracting on behalf of any such third party.

If you wish to amend any Lifestyle Service after your order has been confirmed, you may need to discuss this with the Supplier directly. We cannot guarantee that the Supplier will be able to accommodate any changes.

9. Intellectual Property Rights

The Properties and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Veyda, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

No right, title or interest in or to the Properties or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Properties that is not expressly permitted by these Terms may be a breach of these Terms and may violate copyright, trademark and other laws.

In addition to the intellectual property rights mentioned above, for purposes of these Terms, “Content” is defined as all information such as the “look and feel” of the Properties, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video and audio files on the Properties. Veyda tries to ensure that the Content is accurate and complete. Your use of the Properties is at your risk. Veyda does not warrant that the functional aspects of the Properties or the Content will be error free or that the Properties, the Content or the server that makes it available are free of viruses or other harmful components. Veyda and its suppliers make no warranties about the Content or about results to be obtained from using the Properties. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Properties. Veyda reserves the right to withdraw, temporarily or permanently, any Content from the Properties at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Properties, you acknowledge, agree and confirm that Veyda is not liable to you or any third party for any such withdrawal.

10. Restrictions

Except with our prior authorization, you may not under any circumstances:

• Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Properties or the content thereon in any medium, either directly or using any device, software, internet site, web-based service or other means, without our prior express written permission;
• Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;
• Mirror, frame, screen scrape or deep link to any aspect of the Properties or access any Content through technology or means other than those provided or authorized by us;
• Access the Properties via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
• Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Properties, or tamper with, impair, damage, attack, exploit or penetrate the Veyda system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Veyda or any connected networks, or take any action to impact the proper operation of the Properties and any person’s or entity’s use or enjoyment thereof;
• Bypass the measures we may use to prevent or restrict access to or use of the Properties, including by hacking into secured or non-public areas of the Properties, circumventing any geo-blocking mechanisms or otherwise;
• Use the Properties to collect any personally identifiable information, including Account names and e-mail addresses, or use the Properties for any commercial solicitation purposes, without our prior express written permission; or
• Attempt to reverse engineer any aspect of the Properties or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Properties, create any derivative works or materials of any kind using the Content, whether you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Properties.
  

11. User Generated Material

If and to the extent that we elect to accept user generated material, material you import to the Properties from outside sources or third parties, or submitting feedback or other materials on the Properties (“User Generated Material”), you represent that (i) you own the rights to the User Generated Material or you have the owner’s express permission to post such content, and (ii) your User Generated Material content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms or any of our other posted policies.

User Generated Material must not:

• Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
• Violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
• Include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
• Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Veyda or any other person;
• Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
• Be otherwise objectionable as determined by Veyda at its sole discretion.

We do not claim ownership to User Generated Material. However, by uploading User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to:
(i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content for the purpose of providing you the services you request, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and
(ii) solely with respect to any feedback you provide to us, to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you.

Without limitation, the granted rights include the right to:
(a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and
(b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services.

Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Properties. Notwithstanding the foregoing section, to the extent your User Generated Material is personal information, we will protect such User Generated Material according to our Privacy Policy.

12. Privacy and Communications

PRIVACY

We respect your privacy. By accessing or using the Properties you acknowledge that your information, including personally identifiable information, will be processed in accordance with our Privacy Policy.

CONSENT TO ELECTRONIC COMMUNICATION

Subject to any legally required consent, you consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Properties as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.

MOBILE MESSAGING TERMS

When you provide us with your mobile telephone number, you agree that Veyda may send you text messages (including SMS and MMS) to that mobile telephone number. When you first provide your mobile telephone number to us, you will receive a confirmation text message and you may need to reply as instructed to complete registration. Veyda will never charge you for the test messages you receive, however you may see message and data rate charges from your mobile provider, though, so be sure to check your plan. You are responsible for the payment to your mobile provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto. You may opt-out of receiving any future text messages from Veyda at any time by following the prompt in the text or by visiting your Account’s settings.

13. Modification or Suspension of the Properties and Right to Terminate Your Use of the Properties

We reserve the right to change, suspend or discontinue any aspect of the Properties at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Properties entirely. Any description of features on the Properties shall not be considered a representation by Veyda that such features will always be included on the Properties. From time to time, we may restrict access to some or all the Properties, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Properties, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Properties may become unavailable to you at any time and for any period. If we do suspend your Account or restrict your access to the Properties, we may issue you a pro rata refund based on the amount of time remaining in your Subscription, in our sole discretion.

14. Linked Destinations and Advertising

The Properties may contain links to other websites, including, but not limited to, advertisements and other content posted by us or by third parties (“Linked Sites”). You may also navigate to the Properties from links, often provided by us, deployed by third parties in their social media, advertisements and other marketing activities (the locations where these links are placed are also considered Linked Sites). Access to or from Linked Sites is made available by Veyda only as a convenience. Such Linked Sites are not owned, operated or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites. Please be careful to read the terms of use and privacy policies of any Linked Sites before you provide any personal or other information to, or engage in any activity on, such Linked Sites. Any terms, conditions, warranties or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. You cannot rely on our Terms and/or our Privacy Policy to govern your use of another website or destination.

We do not endorse, and Veyda expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that Veyda is not liable for any damage or loss you may suffer because of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.

15. Disclaimers

You understand that the services offered by Veyda may be dangerous if implemented improperly, and you acknowledge that Veyda is not liable for any personal injury or property damage arising from any misuse of any services or products offered through or recommended by the Properties. You assume sole liability for your use of the Properties. You hereby agree not use the Properties for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.

Under California Civil Code Section 1789.3, California users of the Properties receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

16. Warranty Disclaimer

The information, software, products and services included in or available through the Properties are continually upgraded and updated. While Veyda will use commercially reasonable efforts to verify the accuracy of any information it places on the Properties, Veyda does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. ACCORDINGLY, THE PROPERTIES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND AND YOUR USE OF THE PROPERTIES IS ENTIRELY AT YOUR OWN RISK. VEYDA AND/OR ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, REGARDING THE PROPERTIES, INFORMATION, SOFTWARE, PRODUCTS SERVICES OR RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.

VEYDA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILTY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PROPERTIES OR ANY LINKED SITE AND VEYDA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE. ANY SUCH LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY. IF YOU CHOOSE TO CLICK ON ANY SUCH LINKS, YOU ACKNOWLEDGE AND AGREE THAT YOU, NOT VEYDA, ARE DISPLAYING ITS CONTENTS AND YOU ACCESS SUCH LINKED SITES AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNTS. You acknowledge and agree that any reliance on the information and other materials included on the Properties shall be at your sole risk and responsibility. Veyda reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Properties and to make changes to the services, materials, products, programs and features included therein at any time with or without notice.

17. Medical, Nutrition and Fitness Information

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL MEDICAL, NUTRITION AND FITNESS INFORMATION PROVIDED ON THE PROPERTIES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, RECOMMENDATIONS, LINKS TO THIRD PARTY SERVICES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY VEYDA OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PROPERTIES OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE PROPERTIES. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA THE PROPERTIES AND YOU SHOULD NOT USE THE PROPERTIES OR ANY CONTENT AVAILABLE THROUGH OR VIA THE PROPERTIES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND VEYDA, ITS AFFILIATES OR ANY THIRD PARTY.

THE PROPERTIES MAY PERIODICALLY PROVIDE INFORMATION CONCERNING FITNESS AND ACTIVITIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY OUR ACTION, INACTION OR NEGLIGENCE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. VEYDA STRONGLY RECOMMENDS THAT YOU CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW FITNESS PROGRAM OR ENGAGING IN ANY NEW ACTIVITIES.

18. Indemnity and Release

You agree to defend, indemnify, and hold harmless Veyda and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Veyda by any third party due to or arising out of or in connection with (i) your use of and access to the Properties, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Material or any that is submitted via your account; or (vi) any other party’s access and use of the Properties with your unique username, password, or other appropriate security code.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms, the Privacy Policy and/or any use by you of the Properties.

California Residents: you expressly waive CA Civil Code §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.”

19. Limitations on Liability

THE PROVIDERS WHOSE THIRD-PARTY PRODUCTS AND SERVICES ARE AVAILABLE ON THE PROPERTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF VEYDA. VEYDA IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRATNIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH PRODUCTS AND/OR SERVICES.

EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE PROPERTIES IN VIOLATION OF THESE TERMS OF USE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR VEYDA AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PROPERTIES, THE DELAY OR INABILITY TO USE THE PROPERTIES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE PROPERTIES, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE PROPERTIES, OR OTHERWISE ARISING OUT OF THE USE OF THE PROPERTIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VEYDA AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROPERTIES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROPERTIES. EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE PROPERTIES IN VIOLATION OF THESE TERMS OF USE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE PROPERTIES OR $50 (WHICHEVER IS LESS).

VEYDA MAKES NO REPRESENTATION THAT THE PROPERTIES IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE PROPERTIES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE PROPERTIES FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

20. Law and Jurisdiction

These Terms and any dispute that may arise between you and Veyda shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

21. Dispute Resolution

The State or Federal courts located in Los Angeles County, California will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Properties.

If you are unhappy with our services in any way, please let us know as soon as possible by contacting us at membership@veyda.com.

22. Waiver and Severability

No waiver by Veyda of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Veyda to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

23. Assignment

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

24. Entire Agreement

These Terms, your Membership Agreement, and the other agreements referred to herein constitute the sole and entire agreement between you and Veyda with respect to the Properties and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Properties. If you have any questions or comments about these Terms, please feel free to write to us at:

Veyda
8549 Wilshire Blvd #2303
Beverly Hills, CA 90211-3104