NEB TERMS OF USE

Effective as of: May 3rd, 2019

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THIS AGREEMENT ALSO CONTAINS A MANDATORY DISPUTE RESOLUTION CLAUSE THAT REQUIRES THE USE OF INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY CREATING AN ACCOUNT WITH US OR THROUGH CONTINUED USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY. PLEASE READ THIS AGREEMENT CAREFULLY, AND DO NOT CREATE AN ACCOUNT OR CONTINUE TO USE THE SERVICES UNLESS YOU AGREE FULLY WITH ITS TERMS. 

The following terms and conditions (the “Terms of Use”) constitute an agreement between you and Neb Health, Inc. (“we,” “us,” or “Neb”), the operator of this Mobile Application (the “Application”) and related websites or services provided by Neb and on or in which these Terms of Use are posted or referenced (collectively, the “Services”). These Terms of Use, together with our Privacy Policy (which is incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Services, whether or not you have created an account. You must agree to and accept all of the terms of this Agreement, or you do not have the right to use the Services.

1. This is a Binding Agreement. This document is a legal contract between you and Neb. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

2. About the Services. Neb is an online mental health care appointment booking service, providing information about independent mental health care providers and organizations (“Providers”), the ability to message Providers, and the ability to book and pay for appointments with Providers. Neb does not provide health care services nor does it endorse or recommend Providers or any specific services they offer.

3. Neb does not Provide Health Care Services. The content that you obtain or receive from Neb, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Application or Services (“Content”), is for informational, scheduling and payment purposes only, and is not medical or mental health advice or counseling. You may also receive information from Providers through the Services.  Providers with whom you communicate through the Services are solely responsible for the content of their communications with you.

THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR MENTAL HEALTH CONDITION. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR MENTAL HEALTH ADVICE FROM A QUALIFIED PROVIDER. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL OR MENTAL HEALTH NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, IMMEDIATELY CALL 911. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE APPLICATION OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, PSYCHOLOGY OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF HEALTH CARE.

4. Providers. To help you find Providers who may be suitable for your needs, Neb will provide you with lists and/or profiles of Providers. These results may be filtered based on information that you provide to us, such as geographical location and health care specialty. In connection with using the Application and the Services to locate and schedule appointments with Providers, you understand that NEB DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PROVIDER, DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO PROVIDERS, THEIR QUALIFICATIONS, OR THE QUALITY OF THE HEALTH CARE SERVICES THEY MAY PROVIDE. YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE PROVIDER YOU CHOOSE IS SUITABLE FOR YOUR HEALTH CARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE. Neb encourages you to independently confirm any content relevant to you with other sources, including a Provider’s location, the appropriate licensing or certification authorities to verify a Provider’s listed credentials and education, and professional associations relevant to the Provider’s specialty.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROVIDERS’ PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR PROFESSIONAL INSURANCE COVERAGE, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SERVICES.

5. NO PROVIDER-PATIENT RELATIONSHIP. YOUR USE OF THE SERVICES DOES NOT CREATE A PROVIDER/PATIENT RELATIONSHIP UNTIL YOU A PROVIDER HAS NOTIFIED YOU THAT YOU ARE ACCEPTED AS A PATIENT.

Neb encourages Providers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Application or Services whatsoever.

6. Consent to Our Use and Disclosure of Your Personally Identifiable Information, including Personal Health Information. By using the Services, you authorize us to use and disclose your personally identifiable information (“PII”), which may include personally identifiable health or medical information  (“PHI”) in accordance with our Privacy Policy. This includes providing it to Providers whom you select for purposes of arranging health care services to you. We reserve the right to change our Privacy Policy by posting the revised policy on our Application and Site, and by continuing to use the Services you agree to the Privacy Policy as in effect from time to time.

7. Your responsibilities. You agree that:

  • You must be at least eighteen (18) years of age to create an account with us or use the Services. If you do not qualify under these Terms of Use, do not use the Services. Use of the Services is void where prohibited by applicable law, and the right to access the Application is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into these Terms of Use.

  • You are responsible for compliance with any local, state or federal laws applicable to your use of the Services or the Application.

  • You will comply with the terms of this Agreement.

  • To benefit from all of the Services we offer, you must create a Neb account and provide certain basic information about yourself, which you authorize Neb to use and disclose as described in our Privacy Policy.

  • When you create an account with Neb, you will provide an email address and create a password (collectively, your “Credentials”). Your Credentials may only be used by you. You acquire no ownership rights in any Credentials, and your Credentials may be revoked, your permissions to access the Services may be changed, or we may have you create a new password, at any time in our sole discretion.  You will adopt and maintain reasonable and appropriate security precautions for your Credentials to prevent its disclosure to or use by unauthorized persons.  Your Credentials may only be used by you. You are fully responsible for all activities that occur under your Credentials. You will immediately notify us if your password has been stolen or compromised by sending an email to support@neb.health.

  • You are responsible for ensuring that all information that you provide to Neb is accurate and up-to-date.

  • You agree to take reasonable precautions in all interactions with Providers and acknowledge that you  assume full responsibility for any and all risk associated with meeting Providers offline or in person.

  • You may only use the Application and the Services for lawful, non-commercial purposes. You may not use the Application in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Application or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Application and/or Services (including, without limitation, Provider-generated Content, appointment availability, and price information) for any purpose whatsoever.

8. Payment. You will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payment processing services for Neb are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to use the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Neb enabling payment processing services through Stripe, you agree to provide us accurate and complete information about you, and you authorize Neb to share it and transaction information related to your use of the payment processing services provided by Stripe.

If you believe that you have been incorrectly charged by Neb, you must contact us by sending an email to support@neb.health within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. You agree that Neb may contact you directly to you to discuss any contested charges.

Neb reserves the right to suspend or terminate this Agreement and your access to the Services if your account becomes delinquent. If Neb initiates termination of this Agreement, you will be obligated to pay the balance due on your account.

9. Term and Termination. The term of this Agreement (“Term”) will be in effect and continue so long as you use the Services. Neb may, for any reason in its sole discretion, immediately terminate this Agreement, your account, and your access to the Services.  You may also terminate this Agreement by closing your account by sending an email to support@neb.health. Termination of your account will include removal of your access to all offerings of the Services, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Services. Sections 1, 2, 3, 4, 5, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 shall survive any termination or expiration of these Terms of Use.

10. Notice for California Users. Under California Civil Code section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Neb Health Inc, (408) 320-5289, 453 West San Carlos Street Suite #104, San Jose CA 95110. If you have any questions, concerns, or complaints regarding the Services, please contact support@neb.health.

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

11. Copyright Materials. All materials and other information on the Services, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Neb and/or its licensors and are protected by all United States and international copyright laws.

12. Indemnification. You agree to indemnify, defend, and hold Neb harmless from any claims arising out of the use of the Services, breach of this agreement, or violation of any laws or regulations or the rights of any third party by you or any person that you allow to use the Services.

13. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT NEB ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR EFFICACY OF THE SERVICES. NEB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR NEB COLLECTS WILL NOT BE DISCLOSED, OR (E) ANY ERRORS IN ANY SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE APPLICATION AND SERVICES IS AT YOUR OWN RISK.

14. LIMITATIONS ON LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEB WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”),  HOWEVER ARISING, INCLUDING DAMAGES RESULTING FROM: (A) THE USE OF OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES; (E) STATEMENTS OR CONDUCT OF ANY PROVIDERS OR OTHER THIRD PARTY, INCLUDING HEALTH CARE SERVICES, WHETHER PROVIDED THROUGH THE SERVICE OR ELSEWHERE; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY NEB OR THE FAILURE OF NEB TO PROVIDE THE SERVICES UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS), OR ANY OTHER USERS OF NEB. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH NEB IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES, IF ANY, REMITTED TO AND RETAINED BY NEB FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

15. DISCLAIMERS REGARDING PROVIDERS. NEB DOES NOT REFER, RECOMMEND, OR ENDORSE ANY PROVIDER. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A PROVIDER ARE SOLELY ATTRIBUTABLE TO THAT PROVIDER AND NOT NEB. RELIANCE ON ANY INFORMATION PROVIDED BY ANY PROVIDER ON OR THROUGH THE APPLICATION OR SERVICES IS SOLELY AT YOUR OWN RISK. NEB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY ANY PROVIDER AND/OR THE SERVICES PROVIDED BY ANY PROVIDER OR BY THIRD PARTIES FEATURED ON OR THROUGH THE APPLICATION OR SERVICES. PROVIDERS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH PROVIDERS ARE BETWEEN YOU AND THE LICENSED HEALTH CARE PROFESSIONAL. BY USING THE APPLICATION OR SERVICES, YOU AGREE NOT TO HOLD NEB LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THAT PROVIDERS MAY RENDER TO YOU OR ANY INDIVIDUAL FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL NEB BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OR PRACTICE OF ANY PROVIDER AFFECTING YOU, ANY INDIVIDUAL FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE APPLICATION, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A PROVIDER OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU AND ANY PROVIDERS YOU MEET THROUGH THE APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH PROVIDERS.  FURTHER, YOU AGREE TO BE WHOLLY RESPONSIBLE AND ASSUME ALL RISK IF YOU OR ANY INDIVIDUAL FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON WITH ANY PROVIDER.

16. Governing Law and Dispute Resolution. This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. Subject to the section entitled “Arbitration of Disputes” below, exclusive jurisdiction and venue of any action arising out of this Agreement or your use of Services will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

17. ARBITRATION OF DISPUTES.  ANY CLAIM OR DISPUTE BETWEEN YOU AND NEB IN ANY WAY RELATED TO OR CONCERNING THIS AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES (“CLAIM”), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN THE COUNTY IN WHICH YOUR BILLING ADDRESS IS LOCATED. THIS AGREEMENT TO ARBITRATE ALSO REQUIRES YOU TO ARBITRATE CLAIMS AGAINST OTHER PARTIES RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU, INCLUDING SUPPLIERS OF SERVICES AND PRODUCTS AND PARTNERS AND OUR RETAIL DEALERS, IF YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING. YOU AND WE ACKNOWLEDGE THAT THE AGREEMENT AFFECTS INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATIONS UNDER THIS AGREEMENT. BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT: NEB HEALTH INC, 453 WEST SAN CARLOS STREET SUITE #104, SAN JOSE CA 95110. AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN THIRTY (30) DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEBSITE AT WWW.ADR.ORG. THE AAA HAS A FEE SCHEDULE FOR ARBITRATIONS. YOU WILL PAY YOUR SHARE OF THE ARBITRATOR’S FEES AND ADMINISTRATIVE EXPENSES (“FEES AND EXPENSES”) EXCEPT THAT: FOR CLAIMS LESS THAN $25, WE WILL PAY ALL FEES AND EXPENSES; AND FOR CLAIMS BETWEEN $25 AND $1,000, YOU WILL PAY ONLY $25 IN FEES AND EXPENSES, OR ANY LESSER AMOUNT AS PROVIDED UNDER AAA’S CONSUMER ARBITRATION RULES. YOU AND WE AGREE TO PAY OUR OWN OTHER FEES, COSTS, AND EXPENSES, INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS, AND WITNESSES. AN ARBITRATOR MAY ONLY AWARD AS MUCH AND THE TYPE OF RELIEF AS A COURT WITH JURISDICTION IN THE PLACE OF ARBITRATION THAT IS CONSISTENT WITH LAW AND THIS AGREEMENT. AN ARBITRATOR MAY ISSUE INJUNCTIVE OR DECLARATORY RELIEF BUT ONLY APPLYING TO YOU AND US AND NOT TO ANY OTHER CUSTOMER OR THIRD PARTY.

AS A LIMITED EXCEPTION TO THE AGREEMENT TO ARBITRATE, YOU AND WE AGREE THAT: (A) YOU MAY MAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR HEARING BY SUCH COURT; AND (B) IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR COLLECTION, AND THE COLLECTION AGENCY MAY PURSUE IN COURT CLAIMS LIMITED STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST OF COLLECTION AGREEMENT.

18. NO CLASS ACTIONS.  YOU AGREE THAT YOU MUST ASSERT ANY CLAIM AGAINST NEB INDIVIDUALLY, AND THAT YOUR CLAIMS MAY NOT BE COMBINED WITH ANYONE ELSE’S CLAIMS IN A CLASS ACTION OR ANY OTHER KIND OF JOINT OR REPRESENTATIVE ACTION, WHETHER BEFORE A COURT OR AN ARBITRATOR. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE, THE ARBITRATION AGREEMENT SET FORTH ABOVE WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT.

19. NO JURY TRIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND WE WAIVE OUR RIGHTS TO A JURY TRIAL, AND AGREE THAT ANY CLAIM ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE SERVICES TO WHICH THE ARBITRATION PROVISIONS OF THIS AGREEMENT ARE FOR ANY REASON HELD NOT TO APPLY, WILL BE DETERMINED BY A JUDGE OF THE APPROPRIATE COURT.

20. Limited Time for Bringing Claims. Both you and we agree that no suit, arbitration or other legal proceeding connected with this Agreement or your use of the Services may be brought more than one year after the incident giving rise to the claim has occurred.

21. Claims by Others. If anyone other than you brings a claim against Neb or its affiliates for damages, loss or injury to the claimant in any way connected with your or the claimant’s use of the Services, including economic loss or death suffered by you or the claimant, you agree that you will indemnify, defend and hold Neb and its affiliates harmless from all liability in connection with the claim, and you will pay to us any amount a court or arbitrator orders us to pay or we reasonably agree to pay by way of settlement, plus the amount of our reasonable attorneys’ fees and costs in defending and settling the claim. These claims may include (for example) claims by your family members relating to injury suffered by you or claims by an insurance company that pays under an insurance policy and seeks recovery from Neb. You agree that this obligation is binding on your heirs and successors, and applies whether the claimant is claiming in his or her own right, or is subrogated to your rights.

22. Subcontractors. You acknowledge and agree that we may use subcontractors to provide Services to you. While we attempt to select our subcontractors with reasonable care, we are not liable for any action or inaction on their part, including any failure to contact emergency services. You acknowledge and agree that the provisions of this agreement limiting our liability inure to the benefit of and are applicable to any third-party contractor engaged by us to provide services to you.

23. Third-Party Sites and Service Providers. The Application may contain hyperlinks to Internet websites operated by third parties, or to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, the quality or efficacy of their goods or services, or their information privacy or security practices, and we have no responsibility for information, goods or services offered or provided by such third parties, or for the manner in which they conduct their operations. Your use of third-party sites and the materials, goods and services offered by them is entirely at your own risk, and is subject to the terms of use of the third parties operating or providing them. You should assume that any Internet page or other material that does not bear the Neb logo is provided by a third party

24. Agreement Severable. You agree that if any provision of this Agreement is found to be invalid or unenforceable, it will be enforced to the maximum extent possible, and if it is not enforceable it will be severed from the other provisions of this Agreement, and the other provisions will be given full force and effect.

25. Assignment. We may assign this Agreement without restriction. You may not assign this Agreement or the Services to anyone else, in whole or in part, by operation of law or otherwise, without Neb’s express written consent. Any attempt to do so will be null and void, and of no effect.

26. Force Majeure. Neb will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riots, or acts of God.

27. Non-waiver. The failure by Neb to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms will remain in full force and effect.

28. Notices. All notices required or permitted to be given under these Terms must be in writing and will be deemed given if transmitted by electronic mail to Neb at support@neb.health, or to you at the email address you provided upon registration with Neb.

29. Amendments. Neb reserves the right to update or change the Services and to amend these Terms of Use or our Privacy Policy at any time, for any reason, by posting the revised Terms of Service and Privacy Policy on our Application and Site, and recommends that you review both this Agreement and the Privacy Policy on a regular basis. Without limiting the foregoing, if we make a change to the Agreement or Privacy Policy that materially affects your use of the Services, we may post notice or notify you via email or the Application of any such change. You understand and agree that your continued use of the Services after this Agreement and Privacy Policy have been updated or changed constitutes your acceptance of the revised terms. If you do not agree to the change, you must stop using the Services. THIS AGREEMENT CANNOT BE AMENDED BY ORAL STATEMENTS MADE BY YOUR PROVIDERS, OUR PARTNERS, EMPLOYEES, CONTRACTORS, OR BY USER GUIDES, SERVICE DESCRIPTIONS, ANSWERS TO FREQUENTLY ASKED QUESTIONS, OR OTHER EXPLANATORY OR PROMOTIONAL MATERIAL THAT WE PROVIDE.

30. Entire Agreement. This Agreement, together with our Privacy Policy, constitute the complete and exclusive agreement between Neb and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter.

I agree and consent to be legally bound by the terms and conditions of the Neb Terms of Use Agreement and Privacy Policy.  I understand that the Terms of Use and Privacy Policy will become binding on me when Neb activates my account. If you are registering on behalf of the user, you agree that you are his or her personal representative and have the legal authority to sign contracts on behalf of the user and will indemnify, defend and hold Neb and its affiliates harmless from any claim, cost or liability that Neb or its affiliates that might have been avoided had the user agreed and consented himself or herself.