Nibble Health Terms of Use

Last Updated: May 3, 2022

Acceptance of Terms

These Terms of Use (the “Terms”) form a binding contract between you as a user (“you” or “your”) and Nibble Health Inc. (referred to as “Nibble Health,” “us,” “our,” or “we”). These Terms apply to your use of (a) our website located at https://www.nibblehealth.com and all of our other websites to which these Terms are posted (collectively the “Site”); (b) our mobile application(s) to which these Terms posted (collectively, the “App”); and (c) any services, content, communications, and product features relating to the Site and App (together with the Site and the App, the “Services”). By accessing and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.  If you do not agree with these Terms, you may not access or use the Services

NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW THE ARBITRATION SECTION BELOW BEFORE DOWNLOADING OR USING THE APP OR OUR SERVICES.

Privacy Policy

Please read the Nibble Health Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. By accessing or using the Services you agree to Nibble Health’s Privacy Policy.

Please note that we share you information with our financial institution service providers (“Banking Providers”) to enable them to provide some of the Services. Please also note that we may collect information regarding any device through which you access the App (an “Authorized Device”), such as IP address, mobile network provider (“Mobile Provider”), mobile carrier, mobile browser type, timestamp, time zone, information about the speed, bearing, orientation, and altitude of an Authorized Device, or other device-identifying information. We may also collect precise geolocation data from or about your Authorized Device, which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation or other techniques. Our use of such information is described in our Privacy Policy.

Use of Nibble Health Services

You may not use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise: (a) Nibble Health’s Services; (b) any other party’s use and enjoyment of the Services; or (c) the services and products of any third parties including, without limitation, any Authorized Device. You agree to comply with all applicable laws and regulations governing the downloading, installation and/or use of the App, including, without limitation, any usage rules set forth in the online application store terms of service.
Please note that we share you information with our financial institution service providers (“Banking Providers”) to enable them to provide some of the Services. Please also note that we may collect information regarding any device through which you access the App (an “Authorized Device”), such as IP address, mobile network provider (“Mobile Provider”), mobile carrier, mobile browser type, timestamp, time zone, information about the speed, bearing, orientation, and altitude of an Authorized Device, or other device-identifying information. We may also collect precise geolocation data from or about your Authorized Device, which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation or other techniques. Our use of such information is described in our Privacy Policy.

You are responsible at your sole cost for all equipment, data and Internet access necessary to use and access the App and Services. You acknowledge that your agreement with your Mobile Provider will apply to your use of the App. You acknowledge that you may be charged by your Mobile Provider for data services while using certain features of the App or any other third-party charges as may arise and you accept sole responsibility for such charges. If you are not the bill payer for the Authorized Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App. You must also ensure that your use of the App is not in violation of your Mobile Provider agreement or any wireless data service agreement.

Updates to Application

From time to time, Nibble Health may automatically check the version of the App installed on the Authorized Device and, if applicable, provide updates for the App (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the App. By installing the App, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the App and Updates will be governed by these Terms (as amended by any terms and conditions that may be provided with Updates). Nibble Health reserves the right to temporarily disable or permanently discontinue any and all functionality of the App at any time without notice and with no liability to you.

Eligibility

You must be at least eighteen (18) years old to use the Services. By agreeing to these Terms you represent and warrant to us: (a) that you are at least eighteen (18) years old; (b) that you have not previously been suspended, removed or deactivated from the Services; (c) that you are a legal resident of the United States; (d)  that you are not named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations; (e)  that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms and (f) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations.

Accounts

a.  Account Creation. In order to use the Services, you must create an account (an “Account”) with Nibble Health. You agree that the information you provide to Nibble Health on registration and at all other times, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times.  We also request that you create a password for your Account.  You agree not to disclose your password to anyone else, and you also agree you will be solely responsible for any activities or actions take under your Account, whether or not authorized by you.  Please notify us immediately of any unauthorized use of your password or Account.  You are responsible for all activities on your Account whether authorized or not. We are not liable for any loss or damage from your failure to comply with these requirements.

b.  Identity Verification. You hereby authorize Nibble Health, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and Account information. This may include asking you for further information and/or documentation about your identity, or requiring you to take steps to confirm ownership of your email address, mobile telephone number or financial instruments, and verifying your information against third party databases or through other sources.

c. Limitations on Accounts. You may not create more than one (1) Nibble Health Account. Each Authorized Device may not be associated with more than two (2) Accounts. Users who attempt to associate an excessive number of Authorized Devices with a single Nibble Health Account may be deemed to have violated these Terms to the extent they are deemed by Nibble Health to have abused the Services, and may be subject to Account suspension or closure.

Text Messages

By providing us with a telephone number for an Authorized Device and opting into transactional messages, you agree to receive autodialed and pre-recorded, non-marketing, service-related text messages from or on behalf of Nibble Health at the phone number provided. Nibble Health will send you news and updates, including recommendations to help make the most of your Nibble Health  Account and access select Nibble Health features. Message frequency varies.

By providing us with a telephone number for an Authorized Device and opting into promotional messages, you consent to receive autodialed and pre-recorded text messages from or on behalf of Nibble Health at the number provided for marketing or promotional purposes. Message frequency varies.

You understand that consent to marketing-related messages is not a condition of using the Services. To stop receiving marketing-related messages, you may reply STOP to any marketing-related text message you receive from Nibble Health. After you text “STOP” to us, we will send you a text to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you are experiencing issues with the messaging program you can get help at [email protected]. Standard message and data rates may apply to both non-marketing and marketing-related messages. Carriers are not liable for delayed or undelivered messages.

Notices

We may provide you with notices in any of the following methods: (a) via the Services, including by a banner or pop-up within the applicable Site, Account or elsewhere; (b) by e-mail, sent to the e-mail address you provided us; and/or (c) through any other means, including any phone number or physical address you provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

By agreeing to these Terms, you agree to receive push notifications from us. You can opt out of receiving push notifications through your Authorized Device settings. Please note that opting out of receiving push notifications may impact your use of the Services.

Third Party Services

The Services may contain links to other websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including parties with which we partner (collectively “Third-Party Services”) for your convenience. We are not and cannot be responsible for the content, operation or use of the Third-Party Services. Your use of Third-Party Services is subject to the privacy practices and terms of use established for the Third-Party Services, and we disclaim all liability for such use. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of the Third-Party Services, which you use at your own risk. Certain of our Services are provided by our Banking Providers. You may be required to agree to agreements and terms and conditions of those Banking Providers as a condition to using those Services.

No Financial or Investment Advice

You should not construe any information on the Site or provided through the Services as legal, tax, investment, financial, or other advice. Nothing in the Site or Services constitutes professional and/or financial advice, nor does any information on the Site or Services constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Nibble Health  is not a fiduciary by virtue of any person’s use of or access to the Site or Services. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content on the Services or any Third-Party Services (as defined above) before making any decisions based on such information or other content. In exchange for using the Site and Services, you agree not to hold Nibble Health, its affiliates or any Third-Party Service provider liable for any possible claim for damages arising from any decision you make based on information made available to you through the Site, Services or any Third-Party Services.

User Content

Nibble Health does not claim ownership of the content that you provide, upload, submit or send through the Services or to Nibble Health. You understand and agree that all materials transmitted on or through the Services are the sole responsibility of the sender, not Nibble Health, and that you are responsible for all material you provide, upload, submit or send to or through the Services. When you provide content to Nibble Health or through the Services, you grant Nibble Health (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights in any manner and for any purpose, including to improve the Services and create other products and services. Nibble Health will not compensate you for any of your content. You acknowledge that Nibble Health’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Nibble Health.

Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant Nibble Health an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.

Prohibited Conduct

BY USING THE SERVICES YOU AGREE NOT TO:
a.  breach these Terms or any other agreement between you and Nibble Health or violate any Nibble Health policy;
b. access or use any part of the Services for any non-personal, commercial purpose;
c.  access or use the Services for any fraudulent, illegal or immoral purpose or violate any law, statute, ordinance, or regulation;
d.  attempt to gain unauthorized access to any other user’s Account;
e.  modify or attempt to modify or in any way tamper with, circumvent, disable, damage or otherwise interfere with the Services;
f.  access or use the Services in a way that may infringe upon the intellectual property or other rights of Nibble Health or any third party, including, without limitation, trademark, copyright, privacy, or publicity rights;
g.  provide false, inaccurate or misleading information;
h.  reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof (including any App), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
i.  modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
j.  copy, distribute, transfer, sell or license all or part of the Services;
k.  transfer the App to, or use the App on, a device other than the Authorized Device;
l.  intentionally interfere with or damage operation of the Services or any user’s enjoyment of the Services, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
m.  take any action to circumvent, compromise or defeat any security measures implemented in the Services;
n.  use the Services to access, copy, transfer, retransmit or transcode information, Nibble Health logos, marks, names or designs or any other content in violation of any law or third party rights; or
o.  remove, obscure, or alter Nibble Health’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Services.
We reserve the right, but do not have the obligation, at our sole discretion to terminate any user’s access to the App and Services if they violate these prohibitions or any other provision of these Terms.

Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Services, and ending when terminated as described below.

Termination

a. Termination by Nibble Health. Without limiting other remedies, Nibble Health may immediately terminate or suspend your access to and/or use of the Services and remove, subject to any regulatory retention requirements, any material from the Services or our servers, in the event that you breach these Terms or for any other reason or no reason at all. Notwithstanding the foregoing, we also reserve the right to terminate, limit or suspend your access to or use of the Services at any time and for any reason or no reason, including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of Nibble Health or any third party; or (ii) in connection with any general discontinuation of the Services. We also reserve the right to modify the Services at any time without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or revocation of your access to or use of the Services.
b.  Termination by You. You may terminate acceptance of these Terms at any time by permanently deleting the App in its entirety from the Authorized Device, whereupon (and without notice from Nibble Health) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of these Terms, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the App from the Authorized Device.

Effect of Termination

Upon termination of these Terms: you understand and acknowledge that we will have no further obligation to provide or allow access to your Account or the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. Nibble Health is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION THAT YOU HAVE SUBMITTED, UPLOADED OR OTHERWISE MADE AVAILABLE ON, TO OR THROUGH THE SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, except as may be required by applicable law or as provided in our Privacy Policy, Nibble Health will have no obligation to store or maintain (or delete or destroy) any information stored in our database or to forward any information to you or any third party.

Intellectual Property Rights

You hereby acknowledge that Nibble Health  owns all rights, title and interest in and to the Services and to any and all proprietary and confidential information contained therein (“ Nibble Health Information”). The Services and Nibble Health Information, including visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, look-and-feel, and all other elements of the Services, are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend and hold Nibble Health and all of its successors, parents, subsidiaries, affiliates, officers, directors, stockholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising out of or relating to (a) your access to, use of or alleged use of the Services; (b) your violation of these Terms or any representation, warranty, or agreement referenced herein, or any applicable law or regulation; (c) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. You agree not to settle any matter without the prior written consent of Nibble Health.

Disclaimers; No Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS REQUIRED BY LAW, NIBBLE HEALTH DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, NIBBLE HEALTH DOES NOT WARRANT THAT: (A) THE INFORMATION PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE CORRECT, ACCURATE, UP-TO-DATE, OR RELIABLE; (B) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED BY OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, AUTHORIZED DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “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.”

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE INDEMNIFIED PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE INDEMNIFIED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE WHERE SUCH DAMAGES RESULT FROM: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, (B) YOUR VIOLATION OF THESE TERMS OR ANY REPRESENTATION, WARRANTY, OR AGREEMENTS REFERENCED HEREIN, OR ANY APPLICABLE LAW OR REGULATION; (C) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; OR (D) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD PARTY. YOU SPECIFICALLY ACKNOWLEDGE THAT THE INDEMNIFIED PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION  WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES, IN NO EVENT SHALL THE INDEMNIFIED PARTIES’ LIABILITY ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE APP OR SERVICES EXCEED $100.

DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You agree that any dispute between you and Nibble Health arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
a. Governing Law. Except as otherwise required by applicable law, these Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws principles. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
b.  Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Nibble Health, you agree to try to resolve the Dispute informally by contacting [email protected]. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Nibble Health may bring a formal proceeding.
c.  We Both Agree To Arbitrate. You and Nibble Health agree to resolve any Disputes through final and binding arbitration, except as set forth under “Exceptions to Agreement to Arbitrate” below.
d.  Opt-out of Agreement to Arbitrate. You can decline these Terms to arbitrate by contacting [email protected] within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
e.  Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. Arbitration will be handled by a sole arbitrator in accordance with those rules. The arbitration will be held in the United States county where you live or work, New York, NY or any other location we agree to.
f. Arbitration Fees. The AAA rules will govern payment of all arbitration fees. If the value of your claim does not exceed $10,000, Nibble Health will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
g. Exceptions to Agreement to Arbitrate. Either you or Nibble Health may assert claims, if they qualify, in small claims court in New York, NY, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
h. No Class Actions. You may only resolve Disputes with Nibble Health on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
i. Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Nibble Health agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York County, New York. Both you and Nibble Health  consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
j. Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Nibble Health regarding your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms or any of our rights or obligations under these Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

Survival

In the event of termination of these Terms or the Services, the Terms that by their nature are continuing shall survive such termination, including but not limited to the indemnification and hold harmless obligations, disclaimers and limitations of liabilities.

Contact Information

If you have any questions regarding Nibble Health, the Services, or these Terms please email us at [email protected].