Terms and Conditions

Terms and Conditions Policy

Effective Date: April 14, 2020

Verdosome LLC (“Verdosome”) provides certain products and services to its customers (“Products and Services”). Use of these is governed by this Terms and Conditions Policy and our Privacy Policy, which may be found at https://verdosome.com/privacy-practices/ along with any additional documents or policies that are expressly referred to herein (which collectively may be referred to herein as “Policy” or “Agreement”). Please read this Agreement carefully before accessing or using the Products and Services. Throughout this document, Verdosome may be referred to as “we”, “us”, or “our”, and you may be referred to as the “user”, “you”, “your”, or “customer”.

General Terms and Conditions

By accessing the Verdosome Website (“Website” or “Site”) and using our Products and Services, you agree to be bound by this Agreement the time of your access or use. If you do not agree to this Agreement, you may not use our Website or our Products and Services.

Changes to the Terms of Use

We may revise and update this Agreement from time to time at our sole discretion. Any modifications made to this Agreement will be effective immediately upon posting to the Site. It is your responsibility to review the Agreement each time you access the Site or use the Products and Services to be aware of any revisions or updates that have been made.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Description of Services

Verdosome, through its Website and genetic testing kit, provide genotyping, analysis and interpretation of your DNA through a saliva sample you send to us (“Services”). Unless explicitly stated otherwise, any new feature that Verdosome provides, whether in relation to current services or entirely new, is subject to this Agreement.

You acknowledge and agree that the Services we provide are “AS-IS.” All Services are based on the current state-of-the-practice at the time your genetic sample is processed.

You acknowledge and agree that all interpretations of your DNA provided by Verdosome are to be considered provisional.  Research in the field of genetics is ongoing, and genetic results when provided may not reflect the most current scientific understanding at a later date. In some cases, research is based on patient populations that are limited in certain factors, including, for example, gender and ethnicity. In these cases, the findings of this research may not be accurate or relevant for certain patients because of these factors.

Results provided by Verdosome do not eliminate the potential that the customer could be a carrier of other genetic variations not detected as part of our analytical process. Detection and interpretation of genetic results may also be affected by rare or novel genetic mutations.

Verdosome develops its interpretation of your DNA based on current and relevant published medical literature. In some cases, the literature that Verdosome uses as a resource in this process may vary or conflict with other such published medical literature.  Future scientific findings may change, augment, or invalidate the interpretation of your DNA provided by Verdosome.

The Services provided by Verdosome, including the analysis and interpretation of your genetic information, are intended for informational, educational, and research use only. Verdosome does not provide medical advice.   The laboratory technology we use in the processing of your sample is widely used in the research community, but it has not been widely used for clinical testing.

The Services we provide, including the analysis and interpretation of your genetic information, are not intended to be used by you for self-diagnostic purposes and are not a substitute for professional medical consultation, advice, diagnosis, and/or treatment. Consult with a qualified physician or other healthcare professional in regard to any questions you may have about your results, particularly in regard to questions concerning the diagnosis, treatment, cure, mitigation, or prevention of any disease or condition. Do not disregard, avoid, or delay in obtaining medical advice from your physician or other qualified healthcare professional because of Verdosome’s Products and Services. If you have or suspect that you have a medical problem or condition, contact a qualified healthcare professional immediately.

Verdosome does not endorse, warranty, or guarantee the effectiveness or potential benefit of any specific course of action, resource, test, medication, supplement, cannabis or cannabis-related product,  medical device, procedure, treatment method, or other information that may be mentioned either on our Website or in the report provided to you.

Any recommendations or guidance provided to you by Verdosome based on your particular genetic information and other information provided by you is intended solely for information, educational, and research purposes and for use in consultation with your physician or other healthcare provider.

Any references on this Website, in the analysis and interpretation of your genetic information, or anywhere else provided by Verdosome to “normal”, “increased”, “decreased”, “high”, “low”, “accelerated”, “more susceptible”, “less susceptible”, or similarly qualifying language is presented in relation to the general population and may not be sufficient, relevant, accurate, or complete for any particular sub-population or community.

You acknowledge and agree that your reliance on any information provided by Verdosome, its employees, or others acting officially in its capacity, is solely at your own risk.

You acknowledge and agree that the nature of the Services we provide and the form in which they are provided may change from time to time without notice to you.

You acknowledge and agree that Verdosome may either temporarily or permanently stop providing some or all Services or portion thereof at its sole discretion and without prior notice to you.

You have no obligation to continue using the Services or maintaining an account with Verdosome, and you may stop doing so at any time without informing us.

Verdosome assumes no responsibility for the use of our Services beyond the terms of this Agreement or other applicable terms.

The Products and Services we provide, including but not limited to packaging materials, packaging contents, and results reports, may vary from those shown on our Website, presented on social media or otherwise communicated by Verdosome. Do not rely solely on these presentations, and always read package labels, warnings, directions, and related information prior to using our Products and Services. If you have any questions or concerns regarding these presentations, contact Verdosome by email at support@verdosome.com.

Information Provided to Verdosome

To access this Website and use the Products and Services, it is your responsibility to provide information that is correct, current and complete. You agree that any information you provide is governed by our Privacy Policy, and you consent to any activity we perform with respect to the information you have provided consistent with our Privacy Policy.

Research

In the process of using our Site and our Products and Services, you may be presented with the opportunity to participate in research or other endeavors, and some of these may require that you provide certain identifying information. Participation in all such research or other endeavors is strictly voluntary and entirely at your discretion. Should you choose to participate in such research or other endeavors, any information you provide is governed by our Privacy Policy, and you consent to any activity we perform with respect to such information consistent with our Privacy Policy.

Accessing the Website and Account Security

In order to use this Website, you must have Internet access. This may require that you pay for such access through a third-party provider. It is your sole responsibility to pay such fees. Furthermore, to use this Website, you must own or have access to equipment capable of accessing the Internet. It is your sole responsibility to obtain such access.

We do not guarantee that users will have continuous, uninterrupted or secure access to this Website or our Products and Services, as your ability to use and access this site may be subject to a number of factors beyond our control. It is your responsibility to make any necessary arrangements to ensure that you are able to access this Site.

Note that from time to time, we may restrict access to some portions of this Website or the entire Website, and that we may update, eliminate, or otherwise revise individual pages and content contained in this Site.

If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

Our failure to act with respect to a breach by you or others of this Terms and Conditions Policy does not waive our right to act with respect to subsequent or similar breaches. This Terms and Conditions Policy sets forth the entire understanding and agreement between us and any site user with respect to the site, its uses, and services.

Risks and Considerations

Unwelcome Information By making use of Verdosome’s Products and Services, you understand that the information you receive about your DNA through Verdosome’s genetic testing is permanent and unalterable. The results you receive may not be welcome or positive.

You may learn information about yourself that you are not aware of or that you did not expect, including information that is potentially troubling. You may receive information about your genetics that cannot be changed or controlled. This information may have a substantial psychological, social, legal, or economic implications for you.

You acknowledge that to understand these results and their potential implications, you may need to seek the services of a physician, genetic counselor, healthcare provider, medical researcher, or other qualified professional.

It is recommended that prior to purchasing a testing kit and/or submitting a sample for analysis to Verdosome that you consult with a genetic counselor or other healthcare professional with relevant expertise to address any potential concerns or anxiety you may have regarding genetic testing, to ensure that you are fully informed about what testing may reveal, and to determine whether you are a suitable candidate for genetic testing.

You should not change your behaviors or lifestyle factors solely based on the results provided by Verdosome. Before undertaking any such changes based upon the results provided by Verdosome, consult with a physician or other healthcare provider.

Sampling Failure – You understand that Verdosome’s laboratory may not be able to successfully process your sample for a variety of reasons, including reasons which are beyond our ability to control. These include, but are not limited to, sample collection errors made by customers, errors in shipment of samples to the laboratory, mislabeling of samples, failure of analytical equipment to properly analyze or record results from samples, and the transmission of report data.

In the event that your initial sample is unable to be successfully processed, Verdosome will attempt to reprocess the sample at no additional charge. Should the resample attempt also prove to be unsuccessful, Verdosome will offer to send you a second collection kit at no charge. Should the sample received from the second collection kit also fail to be successfully processed, Verdosome will issue you a refund of the amount paid. Verdosome will not attempt to process a third sample.

In addition to failure to process a sample, the laboratory testing process may generate results that are inaccurate for a small, unknown fraction of samples received. If the sign of such a laboratory error is suspected or observed, customers should consult with a physician or other qualified healthcare professional for further testing. Should a laboratory testing error be validated, Verdosome will offer to provide one (1) re-test to the customer at no additional charge.

Limitation of Utility – Your DNA is responsible for only a portion of the risk associated with many common diseases. There are significant additional known and possibly unknown factors that may be as or more important when it comes to the potential for the development or progression of disease. These may include, but are not limited to, your lifestyle and your environment.

Your results may indicate that your ability to metabolize certain classes of drugs may be increased or decreased or that certain classes of drugs may be more effective or less effective and your health care provider may choose a different dose or another alternative treatment.  To better understand what your results mean for your ability to metabolize drugs, consult a physician or other qualified professional.

Your results may indicate that you have an elevated risk for the development of a disease or condition, or they may indicate that you do not have an elevated risk for such disease or condition. In neither case should your results be taken as a definitive predictor of your future health status. Those whose results suggest that they may be at elevated risk may not develop the disease or condition in question, while those with results suggesting that they do not have elevated risk may come to develop it. To better understand what your results mean for your health outlook, consult a physician or other qualified professional.

Dissemination of Information – Verdosome believes that your genetic information belongs to you only, and that you should be the only one who determines how or where it is used. You should take care before sharing any of your genetic information with others because it could be used against your interests.

Do not assume that you are protected by law from discrimination based upon your DNA. The Genetic Information Nondiscrimination Act of 2008 (“GINA”) was enacted to offer you certain protections from discrimination by employers and health insurance companies, but the extent of its ability to do so has not been clearly established in practice. Moreover, GINA does not cover certain insurance providers, including those providing life insurance, long-term care coverage or disability insurance. There may be additional legal protections afforded you by your state or local jurisdiction. You should consult a lawyer to understand your full extent of protection.

Any genetic information you choose to share with a healthcare provider may become part of your medical record. As such, it may be or become accessible by other healthcare providers and insurance companies. If an insurance company asks whether you have learned genetic information about certain health conditions and you fail to disclose that you have done so to them, it may be considered fraud.

Genetic information that you share with other individuals, including family members, friends, coworkers, and employers, may be used against your interests. This includes genetic information that you may consider innocuous, inconsequential, or of limited value today. This is because others may respond differently to such information, or future scientific or medical developments may give such information greater importance.

User Representations

By accessing this Website and/or using the Services provided by Verdosome, you acknowledge and agree that:

  1. You understand that the information provided by Verdosome, including the analysis and interpretation of your DNA, is solely for informational, educational, and research purposes. It is not intended to independently diagnose, prevent, or treat any disease or condition, nor is it intended to determine the status of your health or wellness. Any results provided by Verdosome, particularly those that related to potential disease states or wellness issues, should be confirmed and/or supplemented through additional testing and/or research, and Verdosome recommends that this is done under the direction of a physician or other healthcare professional.
  2. You understand that Verdosome advises you to consult with a medical professional in regard to any questions or concerns you may have regarding genetic testing or the results we provide you.
  3. You give Verdosome, its contractors, successors, and assignees, permission to perform geniting testing and analysis services on the DNA found in the saliva sample you send to us.
  4. You request that Verdosome disclose the results of your genetic testing and analysis to you, and you agree that your results will be housed on our data platform and accessible to you via our Website.
  5. You represent that by providing a saliva sample and using our Services, you are either 1) eighteen (18) years of age or older, or 2) the parent or guardian of a consenting minor who will be providing a saliva sample and using our Services under your guidance.
  6. You pledge that any sample you provide is your own or, if you are agreeing to this Agreement on behalf of a person for whom you have legal authorization, you pledge that the sample provided is of that person.
  7. If you are accessing this Website or making use of our Services from a location outside of the United States, you confirm that doing so is legal in the country and jurisdiction where you are located, and that the act is not subject to any export ban or other restriction. Furthermore, you agree that any sample you provide and the Services Verdosome performs, including the analysis and interpretation of your genetic information, may be transferred, processed, and/or electronically transmitted outside of the country where you are located.
  8. You warrant that you are not an insurance company or an employer attempting to gain information about an insured person, an employee, or any other third party. You warrant that, if you are an employee of an insurance company or an employer, that any use of our Services is purely for your own, personal informational, educational, and/or research purposes and is not intended to be used in any fashion in your professional capacity.
  9. You acknowledge that the analysis and interpretation of your DNA that you receive from Verdosome may contain information that is unwelcome or troubling.
  10. You acknowledge that you are responsible for any and all consequences that result from you sharing your genetic information with others and/or providing others with access to your account.
  11. You agree that your genetic information, including the analysis and interpretation of your DNA, will be housed on Verdosome’s data platform and maintained within Verdosome’s databases, and you understand that it will be processed and managed in accordance with Verdosome’s Privacy Policy.
  12. Waiver of Property Rights: You acknowledge and agree that by providing Verdosome any sample; having Verdosome perform any Services; accessing, managing, and using your account; communicating with Verdosome via email, social media or other medium; or otherwise interacting with Verdosome, you acquire not rights in any research performed by Verdosome either on its own or in coordination with any other third party, and that you acquire not rights in any product, process, or other intellectual property that may be developed by Verdosome or its collaborators. You acknowledge and agree that you will not receive any compensation for any such research, product, process, or other intellectual property.
  13. You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In the event that any of these representations are breached, Verdosome has the right to suspend or terminate your account and to refuse to provide you access to any present or future Service or portion thereof we provide. You will defend and indemnify Verdosome, its employees, and affiliates against any liability, costs, or damages that may arise from a breach of any of these representations.

Intellectual Property Rights

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Verdosome, its licensors, or other providers of such material and are protected by United States and/or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, patent, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Verdosome. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, patent, and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper functioning of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of this Agreement.
  • Take any action with respect to any user that we deem necessary or appropriate in our sole discretion, including if we believe that such user violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Website or the public, or could create liability for the Company.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WILL INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Website and/or other Verdosome platforms, including social media sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content expressly provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Confidentiality

Verdosome is committed to reasonable standards of confidentiality, bioethics and data protection, and we take steps to protect your identity and genetic information.

Verdosome owns its own laboratory testing facilities and does not outsource testing services to any third parties.

Verdosome will never sell your individual data to any third parties.

Verdosome will never provide any individual data to any third parties, except as authorized in our Privacy Policy, as required by law or as a result of a court order or other valid judgment or ruling requiring us to do so.

Verdosome may share aggregated, population-based genetic data with third parties we have engaged with as part of educational, research, or other efforts. In all cases, such information will be provided in a format that prevents individual customers from being identified.

All information we collect from you is subject to our Privacy Policy, which is incorporated herein. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website that is not publicly accessible, including any page that requires a password or other credential to access.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of this Agreement.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Licensing and Geographic Restrictions

Verdosome is licensed under the Health and Human Services Act as revised by the Clinical Laboratory Improvement Amendments in the State of Colorado as a clinical laboratory authorized to accept human specimens for genetic testing. We operate this Website and provide Services for persons residing in the United States. We make no claims that our Website may be accessible to those located outside of the United States, or that the Services we provide may be legal for those located outside of the United States. Should you access this Website or seek to use our Services from outside the United States, you agree that you have the sole responsibility for complying with any and all laws and regulations in the country where you are located.

Not all jurisdictions within the United States require the Services we provide to be subject to license, and as a result, we are not universally licensed by all U.S. state, federal, or international authorities as a provider of genetic testing services for purposes related to health and disease. There may be certain jurisdictions within the United States where we do not offer our Services because we lack the licensure required by such jurisdictions.

Transfer

You agree that this Terms and Conditions Policy and any other agreements you have entered into with us may be automatically assigned by us, at our sole discretion, to a third party in the event of a merger, acquisition, or liquidation.

Trademarks

The name “Verdosome”, “verdosome.com”, the associated logos, and all related names, logos, product and service names, designs, and slogans are trademarks and/or service marks of Verdosome LLC.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

FDA Disclaimer

The Products and Services provided by Verdosome have not been cleared or approved by the Federal Drug Administration (FDA), and the FDA has determined that clearance or approval such Products and Services is not necessary. Any statements provided by Verdosome have not been evaluated by the FDA, and they are not intended to treat, cure, or prevent any disease.

CLIA Certification

Verdosome is certified under the Clinical Laboratory Improvement Act of 1988 (CLIA) and is qualified to perform the Services we provide.

Indemnification

By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless Verdosome and its officers, directors, employees, contractors, agents, subsidiaries, affiliates, licensors, suppliers, successors, assigns, and other partners from and against any direct, indirect, incidental, special, consequential, or exemplary claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of, relating to, or resulting from your use of this Website or your violation of this Agreement.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT VERDOSOME’S PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT VERDOSOME DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION. VERDOSOME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

VERDOSOME MAKES NO WARRANTY THAT (i) THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS AND SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR FROM VERDOSOME WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS ON THIS WEBSITE OR IN THE PRODUCTS AND SERVICES WE PROVIDE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE OR THE PRODUCTS AND SERVICES WE PROVIDE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VERDOSOME OR THROUGH OR FROM THE PRODUCTS AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VERDOSOME’S MAXIMUM LIABILITY TO YOU SHALL BE FEES PAID FOR VERDOSOME’S PRODUCTS AND SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VERDOSOME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VERDOSOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Conflict Resolution

Any dispute relating in any way to your visit to this Website or to your use of the Products and Services shall be submitted to confidential arbitration in Denver, Denver County, Colorado. Arbitration under this Agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s decision shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Governing Law and Jurisdiction

All matters relating to the Website and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City of Denver and County of Denver, although we retain the right to bring any suit, action or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to this Agreement of use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.  State and federal law that has a longer statute of limitations to file claims shall prevail and supersede the one (1) year limitation.

Waiver

The failure by Verdosome to enforce of any term or condition set forth in this Agreement shall not constitute a waiver of such term or condition or a waiver of any other term or condition. Any failure of Verdosome to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

Severability

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the remaining provisions of this Agreement will continue in full force and effect.

Assignment

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Verdosome for any third party that assumes our rights and obligations under this Agreement.

Admissibility of printed version

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Entire Agreement

This Agreement constitutes the sole and entire agreement between you and Verdosome with respect to the use of this Website. This Agreement supersedes all prior and understandings, agreements, representations and warranties, whether written and oral, with respect to the Website.

Section Titles

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Notice

This website is operated by Verdosome LLC, with offices at 7110 W. 44th Avenue, Wheat Ridge, CO 80033. All notices to you may be made by email to privacy@verdosome.com or standard mail.

Official notices to Verdosome LLC relating to this Agreement should be sent to:

Verdosome LLC

7110 W. 44th Avenue

Wheat Ridge, CO 80033

All other comments, questions and communications may be directed to info@verdosome.com.