Terms of use

We are Everlong Inc. (doing business as Everlong) ("Everlong," "Company," "we," "us," "our"), a Delaware corporation. We operate https://geteverlong.com and the telehealth nutrition counseling services accessible through it (collectively, the "Services"). You can contact us at support@geteverlong.com.

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you") and Everlong concerning your access to and use of the Services. By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES.

Important — Clinical Services: These Terms govern your use of our website and general Services. If you sign up as a patient, your clinical care is separately governed by the Everlong Policies, HIPAA, Consent, & Release Agreement (the "Agreement"), which you will be asked to review and agree to during the signup process. In the event of a conflict between these Terms and the Agreement with respect to your clinical care or health information, the Agreement controls. Our collection and use of personal information is described in our Privacy Policy.

We may update these Terms at any time. We will indicate the date of the most recent revision at the top of this page. Your continued use of the Services after any update constitutes acceptance of the revised Terms. We recommend saving a copy of these Terms for your records.

Table of Contents

‍1. Our Services
2. Intellectual Property Rights
3. User Representations
4. Prohibited Activities
5. User Contributions
6. Contribution License
7. Services Management
8. Term and Termination
9. Modifications and Interruptions
10. Governing Law
11. Dispute Resolution
12. Corrections
13. Disclaimer
14. Limitations of Liability
15. Indemnification
16. User Data
17. Electronic Communications and Signatures
18. Miscellaneous
19. Contact Us

1. Our Services

Everlong provides telehealth nutrition counseling services delivered by licensed registered dietitians. The information and content available through our Services are intended for use by individuals located in the United States. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with applicable local laws.

Nothing on our website constitutes medical advice or creates a provider-patient relationship. A clinical relationship is only established upon your agreement to the Agreement and acceptance as a patient.

2. Intellectual Property Rights

Our intellectual property. Everlong owns or is licensed to use all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, "Content"), as well as all trademarks, service marks, and logos ("Marks"). Our Content and Marks are protected by United States and international intellectual property laws.

Your license to use the Services. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Services and download or print Content solely for your personal, non-commercial use. No Content or Marks may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission. Any unauthorized use constitutes a material breach of these Terms and immediately terminates your license.

Your submissions. If you send us questions, comments, suggestions, ideas, or other feedback ("Submissions"), you assign to us all intellectual property rights in those Submissions. We may use Submissions for any lawful purpose without acknowledgment or compensation to you. You represent that your Submissions are original, do not infringe third-party rights, and do not contain confidential information.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity to agree to these Terms; (2) you are not a minor in your jurisdiction of residence; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide information that is untrue, inaccurate, or incomplete, we may suspend or terminate your account and refuse current or future access to the Services.

4. Prohibited Activities

You may not use the Services for any purpose other than those for which we make them available. As a user, you agree not to:

• Systematically retrieve data or content from the Services to build a collection, database, or directory without our written permission
• Trick, defraud, or mislead us or other users, including any attempt to obtain sensitive account information such as passwords
• Circumvent, disable, or interfere with security-related features of the Services
• Disparage, tarnish, or otherwise harm us or the Services
• Use information obtained from the Services to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Services in a manner inconsistent with applicable laws or regulations
• Engage in unauthorized framing of or linking to the Services
• Upload or transmit viruses, Trojan horses, spyware, or other malicious code
• Engage in automated use of the Services, including scripts, bots, scrapers, or data mining tools
• Delete or alter any copyright or proprietary rights notices from Content
• Attempt to impersonate another user or person
• Interfere with or create an undue burden on the Services or connected networks
• Harass, intimidate, or threaten our employees or agents
• Attempt to bypass access controls or restrictions on the Services
• Copy or adapt the Services’ software or reverse engineer any part of the Services, except as permitted by applicable law
• Collect usernames or email addresses from the Services for purposes of sending unsolicited communications
• Use the Services to compete with us or for any unauthorized commercial purpose

5. User Contributions

The Services do not currently provide a public forum for users to post or publish content visible to other users. If we provide such functionality in the future, any content you submit ("Contributions") will be subject to these Terms and any supplemental guidelines we post at that time. You are solely responsible for your Contributions and represent that they comply with applicable law and do not infringe any third-party rights.

6. Contribution License

You and Everlong agree that we may access, store, process, and use information and personal data you provide in accordance with our Privacy Policy and your account settings. By submitting feedback or suggestions about the Services, you agree that we may use and share such feedback for any purpose without compensation to you. You retain ownership of your Contributions; we do not assert any ownership over them.

7. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms; (3) restrict access to or disable any Contributions or content at our sole discretion; (4) remove files or content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and facilitate proper functioning.

8. Term and Termination

These Terms remain in effect while you use the Services. We reserve the right to deny access to the Services, block IP addresses, suspend or terminate accounts, and take appropriate legal action — including civil, criminal, and injunctive relief — against any person who breaches these Terms or applicable law, at any time and without notice or liability.

If your account is terminated or suspended, you are prohibited from re-registering under any name, including a fake or borrowed name or the name of a third party.

9. Modifications and Interruptions

We reserve the right to change, modify, or remove content from the Services at any time without notice. We do not guarantee that the Services will be available at all times. We may experience downtime due to hardware, software, or maintenance issues. We will not be liable for any loss, damage, or inconvenience caused by your inability to access the Services during any downtime or discontinuance.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration under Section 11, you irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

11. Dispute Resolution

Informal Negotiations. Before initiating arbitration, the parties agree to attempt to resolve any dispute informally for at least 30 days. Informal negotiations begin upon written notice from one party to the other.

Binding Arbitration. If informal negotiations are unsuccessful, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Delaware. The language of proceedings shall be English. The governing substantive law shall be the law of Delaware. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Restrictions. All arbitration shall proceed on an individual basis. No arbitration shall be joined with any other proceeding. There is no right to arbitrate any dispute on a class-action basis or in a purported representative capacity on behalf of the general public or any other persons.

Exceptions. The following disputes are not subject to informal negotiation or arbitration: (a) disputes seeking to enforce or protect intellectual property rights; (b) disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any portion of this Section is found to be illegal or unenforceable, that portion shall be severed and the remaining dispute shall be decided by a court of competent jurisdiction in Delaware.

12. Corrections

The Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to update information at any time without prior notice.

13. Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICES OR ON ANY LINKED WEBSITE. WE ASSUME NO LIABILITY FOR ANY ERRORS OR INACCURACIES IN CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM USE OF THE SERVICES; UNAUTHORIZED ACCESS TO OUR SERVERS OR STORED INFORMATION; SERVICE INTERRUPTIONS; OR ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SERVICES.

WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED OR ACCESSIBLE THROUGH THE SERVICES.

14. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVERLONG OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA — ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION, REGARDLESS OF ITS FORM, WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO EVERLONG IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Indemnification

You agree to defend, indemnify, and hold harmless Everlong and its subsidiaries, affiliates, officers, agents, partners, and employees from any loss, damage, liability, claim, or demand — including reasonable attorneys' fees — arising out of: (1) your use of the Services; (2) your breach of these Terms; (3) any breach of your representations and warranties; (4) your violation of any third party's rights, including intellectual property rights; or (5) any harmful act toward another user. We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense. We will notify you promptly of any such claim.

16. User Data

We maintain data you transmit to the Services for purposes of managing and improving the Services. While we perform regular backups, you are solely responsible for data you transmit or generate through your use of the Services. We are not liable for any loss or corruption of your data, and you waive any right of action against us arising from such loss or corruption. For information about how we collect, store, and protect your data — including health information — see our Privacy Policy and, for clinical data, the Agreement.

17. Electronic Communications and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive communications from us electronically and agree that electronic communications satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, and records, and to electronic delivery of notices, policies, and transaction records. You waive any requirement under applicable law for original signatures or non-electronic records.

18. Miscellaneous

These Terms, together with our Privacy Policy and any other policies posted on the Services, constitute the entire agreement between you and Everlong. Our failure to enforce any right or provision of these Terms does not constitute a waiver. If any provision is found to be unlawful or unenforceable, it will be severed from these Terms without affecting the remaining provisions. We may assign our rights and obligations under these Terms at any time. We are not responsible for delays or failures caused by circumstances beyond our reasonable control. No joint venture, partnership, employment, or agency relationship is created between you and Everlong by these Terms.

19. Contact Us

For questions, complaints, or further information regarding these Terms or the Services, please contact us at support@geteverlong.com.