Terms of Use and Disclaimers

Effective Date: August 21, 2023

Spacial Health Inc. and its affiliates (including Hoberman Rockets LLC) and subsidiaries ("Spacial", "we", "us" "our") own and operate a technology platform that makes certain telehealth related information available to you and facilitates your access to telemedicine, chronic condition management, medical services and behavioral health services ("Spacial Health Services").

These Terms of Use and Disclaimers (“Terms”) apply to visitors of https://www.spacialhealth.com, its associated domains and mobile applications, and any other digital experience owned and operated by Spacial that links to these Terms (collectively, the "Websites," each a “Website”).

THESE TERMS OF USE INCLUDE A BINDING ARBITRATION AGREEMENT, WHICH IS SET FORTH BELOW.

For the purposes of these Terms, "you" and "your" means you as the visitor or user of the Websites. Your use of our Website constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use any Website. Your failure to follow these rules, whether listed herein or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to Spacial’s other remedies.

Spacial’s Role

Spacial is not a healthcare provider, insurance provider or a prescription fulfillment warehouse. Spacial's role is limited to making certain telehealth related information available to you and to facilitate your access to telemedicine, medical and behavioral health services, and chronic condition management services. Spacial does not engage in the practice of medicine or the provision of behavioral health services. For services that require the practice of medicine, we work with independent, physician-owned medical groups with a network of United States based providers who provide telehealth services and medical advice via our Websites. Spacial is independent from the healthcare providers who provide telehealth services and behavioral health services, through the Websites or otherwise, and is not responsible for such healthcare providers' acts, omissions or for any content of the communications made by them. 

Neither Spacial nor the Websites provide or interfere with medical advice and do not create a healthcare provider/patient relationship between you and Spacial or otherwise. Any services provided by or content accessed from the Websites are for informational purposes only and are not intended to replace the advice of your healthcare provider(s) (including but not limited to healthcare providers that may provide healthcare services through the Spacial platform). Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call 911 or your doctor for all medical emergencies. 

Your Obligations

By using the Websites, you agree to comply with all laws applicable to your use of the Websites, you will not interfere with a third party's use and enjoyment of the Websites, and you will not interfere with or disrupt Spacial's or its service providers’ security measures. You agree not to:

• Send or otherwise transmit to or through the Websites any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
• Restrict or inhibit any person from using the Websites;
• Reverse engineer, disassemble or decompile any section or technology on the Websites, or attempt to do any of the foregoing;
• Gain unauthorized access to the Websites, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Websites;
• Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Websites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
• Alter or modify any part of the content or services offered on or through the Websites;
• Purposefully misrepresent your or any other person’s identity or affiliation;
• Collect any information from the Websites for any purpose other than individual personal use;
• Attempt, assist any persons in engaging, or permit any person to engage in any of the activities described above.

Intellectual Property Rights and Content

Spacial or its applicable licensor or provider is the sole and exclusive owner of the Websites (and all past, present, and future versions), and all copyrights, trademarks, patents, trade secrets, and other intellectual property rights embodied therein, whether or not applied for or registered, including but not limited to the following:  names, logos, text, graphics or other artwork, icons, photos, products, digital downloads, sound recordings, audiovisual materials or effects, titles, themes, objects, animations, musical compositions, moral rights, documentation, data compilations, computer code or software, features, “look and feel,” and functionality of the Websites, and any compilation of the foregoing (collectively, “Spacial Content”).

The Spacial Content is (i) owned by Spacial, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) intended solely for the limited personal and business purposes permitted by Spacial under these Terms and, if applicable, under any additional service agreement, and (iv) may only be used in accordance with these Terms. No title or ownership of the Websites, Spacial Content or any portion thereof is transferred to you hereunder. Spacial reserves all rights not expressly granted hereunder.

You agree not to change or delete any copyright or proprietary notice related to materials (including any Spacial Content) downloaded from the Websites. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, app, or other service; or in any way exploit any of the Spacial Content, in whole or in part, except as set forth in these Terms, without our prior, written, and specific permission.

User Submissions

It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Spacial does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted.  If you do provide input, comments, questions or suggestions ("Submissions") to a Website, you acknowledge and agree that Spacial may use any Submissions without any obligation to you and you hereby grant Spacial a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Submissions as Spacial may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

Spacial takes no responsibility and assumes no liability for Submissions, and you acknowledge and agree that you have all rights necessary to make the Submissions. You understand that Spacial does not endorse Submissions of others and is not responsible for the content of such Submissions. Spacial disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth in a Submission.

Copyright and Other Intellectual Property Infringement Claims

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Spacial has a designated agent for receiving notices of copyright infringement, and we follow the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• An identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• An identification of the material that you claim is infringing or to be the subject of infringing activity, together with information reasonably sufficient for us to locate the material on the Services;
• Information reasonably sufficient to permit us to contact the complaining party;
• A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send this information to our Copyright Agent:

Copyright Agent

Spacial Health LLC
3000 Royal Court, Unit 3308
North Hills, NY 11040
privacy@spacialhealth.com

If you believe that any content on the Websites violates your exclusive rights other than copyrights, please provide us at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information identifying you. Please send your complaint to privacy@spacialhealth.com.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

Registration

Your use of a Website or Spacial service shall be conclusive evidence of your acceptance our Terms. By using a Website or services, you represent and warrant that all of the information that you submit to a Website or otherwise to Spacial is correct, current, and complete.

You may be required to create an account and specify a password in order to access or use certain Spacial services or portions of the Websites. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself and, if applicable, the person you are authorized to create an account on behalf of (e.g., a child you are a parent of, or person with respect to whom you are a legal guardian). If you create an account, you represent and warrant that (i) you have created an account for yourself or a person you are authorized to act on behalf of and have not misrepresented your or any person’s identity or created a false identity; and (ii) that you have not registered for any illegal purpose, to facilitate any illegal topic, or otherwise for the purpose of providing any illegal information. If your information, or the information of an account holder you are responsible for, changes at any time, please update your account to reflect those changes. If you believe that your identity or someone else’s identity has been misrepresented, please contact us immediately (see “Contact Us” below for contact information). 

All information you provide to register with Spacial is governed by our Privacy Policy https://www.spacialhealth.com/privacy-policy and Spacial Healthcare Professionals Notice of Privacy Practices https://www.spacialhealth.com/terms-of-service as applicable, and you consent to all actions that we take with respect to your information consistent with our Privacy Policy and the Spacial Healthcare Professionals Notice of Privacy Practices.

You agree to keep your Spacial account information confidential and to not share your account with others. You agree to notify us immediately of any unauthorized access to your account or any other breach of security. We have the right to disable any username, password, or other identifier at any time in our sole discretion if, in our opinion, you have violated these Terms.

Fees and Purchase Terms

Some Spacial services, and services of healthcare providers delivering telehealth services through Spacial, incur a fee. You agree to 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. By providing Spacial with your credit card number, PayPal, Venmo or other payment account and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with us to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with us, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Spacial services or services of healthcare professionals delivering telehealth services through Spacial will be reimbursed.

If you do not have insurance coverage for services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred fees and expenses. Spacial offers no guarantee that you shall receive any such reimbursement. We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms. You understand and agree that for services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees you and your insurer or other payor would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance, unless we notify you in writing that a shorter cancellation window applies.

Major credit cards, PayPal, Venmo or other accepted payment accounts are the only accepted means of payment for Spacial services (as distinguished from services of healthcare providers) or merchandise. Spacial does not accept payment in the form of cash, check, money order or insurance reimbursement. If you pay by credit card or other such account, you authorize us to bill and charge the credit card or account indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card or account expires or we are otherwise unable to debit the applicable amounts from your credit card or account, we shall provide notice to you, whereupon you shall immediately furnish us with a valid credit card number or other account information. Your request or order for Spacial services or merchandise from the Websites will not be fulfilled until full payment has been received and verified.

External Links

The Websites may contain links to third-party websites. Linked sites are not under the control of Spacial, and Spacial is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Spacial endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Spacial disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites, and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, services, or content, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising therefrom.

No Endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Spacial. Any views expressed by third parties on the Websites are solely the views of such third party and Spacial assumes no responsibility for the accuracy or veracity of any statement made by such third party.

No Warranties

The Websites are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Spacial disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. Spacial does not warrant that the Websites will be uninterrupted or error-free, that defects will be corrected or that the Websites or the server that makes it available are free of viruses or other harmful components.

Spacial makes no guarantees and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website for a particular purpose. Spacial assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Websites.

Spacial is not responsible for any costs or harm incurred by you as a result of fraudulent schemes perpetuated by third parties via the Internet, including any schemes involving phishing websites holding themselves out to be the Websites or phishing emails designed to appear to be sent from Spacial.

Limitation Of Liability and Indemnification 

You may not assert claims for money damages arising from the Websites or Spacial services or any associated content against Spacial, its affiliates and business partners, licensors or service providers, its suppliers or any of our or their respective employees, contractors, officers, directors and agents. Spacial, its affiliates and business partners, licensors and service providers, its suppliers and our and their respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract or otherwise, even if Spacial or another applicable person knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Website or any associated content on the Websites or any Spacial services, (ii) any interaction with any third party through or in connection with the Websites or Spacial services, (iii) any information offered or provided within or through the Websites or Spacial services, or (iv) any other matter relating to the Websites or Spacial services.

NONE OF SPACIAL, ITS AFFILIATES AND BUSINESS PARTNERS, ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS OR ANY OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SPACIAL SERVICES.

This limitation reflects an informed voluntary allocation of risk; such allocation represents a material part of these Terms. You agree that the limitations of liabilities are fair and reasonable in the circumstances. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

You are solely legally liable if your use or misuse of the Websites, Spacial services or any associated content causes damage to you, or to someone or something else. You agree to indemnify, defend and hold harmless Spacial, its affiliates and business partners, its licensors or service providers, suppliers and each of their respective affiliates, employees, officers, directors, agents, servants, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) your violation of these Terms, (ii) your use, or misuse, of the Websites or Spacial services, and/or (iii) your posting of Submissions.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms, the Websites or any Spacial service must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

Choice of Law and Jurisdiction

You agree that the laws of the State of New York, consistent with the Federal Arbitration Act, and U.S. federal law govern these Terms, your use of the Websites and any Spacial services, and any claim or dispute that you may have against Spacial, without regard to New York’s conflict of laws rules. You consent to the personal and exclusive jurisdiction of the federal district court or any state court of the State of New York located in New York County. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Binding Arbitration Agreement

In the rare event you have a dispute with Spacial, we encourage you to contact us immediately so we can work together toward a satisfactory resolution.  If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and Spacial arising out of or relating to these Terms, the Websites or our services, including the enforceability of these Terms or our Privacy Policy or information practices, will be finally and exclusively resolved by binding arbitration on an individual basis only (except as stated below). The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding.

You understand that you are waiving your right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents you from participating as a plaintiff or as a class member in any purported class action or representative proceeding.

Arbitration will be subject to the Federal Arbitration Act and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties.  You can find out more about AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Spacial will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Spacial for all fees associated with the arbitration paid by Spacial on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required.  Except as otherwise provided in these Terms, you and Spacial may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Spacial shall be exclusively brought in the federal district court or any state court of the State of New York located in New York County.

Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.

Personal Information and Privacy Policy

Spacial may collect, use and disclose personal information about you through your use of the Websites. Please review our Privacy Policy https://www.spacialhealth.com/privacy-policy to find out how we collect, use and disclose your personal information that is collected on our Websites.

Electronic Communications, Signatures and Agreements

Information communicated on the Websites constitutes an electronic communication. When you communicate with Spacial through a Website or via other forms of electronic media, such as e-mail, you are communicating with Spacial electronically. You agree that Spacial may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Spacial provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Spacial or you).

You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by Spacial, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the applicable agreement, these Terms and any hyperlinks contained therein or herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY SPACIAL. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

SMS and MMS Communication

If you have provided your mobile telephone number to us then you have chosen to opt-in and agree to receive automated service-related, promotional and informational text messages on an ongoing basis (e.g., SMS and MMS) from Spacial, including text messages which may be delivered by an automated messaging system, to any mobile telephone number you provided. Your carrier’s messaging & data rates may apply. Your consent to receive automated text messages is not a condition of any purchase you make.

Messaging frequency may be subject to change. Spacial reserves the right to change the volume of messages sent at any time and for any reason. Spacial has the right to modify the short code or phone number from which the service sends you messages.

Due to the wide variety of mobile devices and handsets, you acknowledge that not all devices and/or interfaces may be supported by this service and our messages may not be deliverable to you in all locations. Spacial, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages. 

We collect various information on our behalf from and about you, including information you directly provide when you use our messaging service. For example, we collect the phone number and/or email address you provided when signing up for our messaging service. When you send messages via the messaging service, we will also collect your messaging history and any information included in those messages. We may also collect information about you using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable personalization of your experience on the messaging service.

By agreeing to these messaging service terms, you also agree to our Privacy Policy, which is hereby incorporated in these messaging service terms by reference. In the event of any conflict, these terms shall control with regard to your use of our messaging service.

Age Restriction and Eligibility

In order to use our messaging service, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian’s consent to these Terms. This messaging service is not intended for children under the age of 13 and no person under the age of 13 may use the program. If you use the messaging service, you are affirming that you are at least 13 years old.

Choosing to Opt-Out; Support

You may text the keyword “STOP” to opt-out of our messaging service at any time. After texting “STOP” you will receive confirmation from us that your opt-out request has been processed via a text message sent to you. You acknowledge that an opt-out request that does not solely consist of the “STOP” keyword command will not be recognized by our system as an opt-out request, and you agree and acknowledge that Spacial and its service providers will not be responsible for any failure to comply with such ineffective opt-out requests. Notwithstanding the foregoing, if you opt-out from this text message program, you may continue to receive text messages from Spacial through any other programs you have joined until you separately opt-out from those programs.

For support, please contact us as provided below, or text “HELP” in response to any message from us on your device.

Termination of Text Messaging

Spacial may suspend or terminate this service and your receipt of Spacial-related text messages if it believes you are in breach of these messaging terms. Your use of this service and receipt of Spacial text messages are also subject to termination in the event you no longer have the rights access to your mobile telephone service. Spacial reserves the right to modify or discontinue, temporarily or permanently, all or any part of our text messaging service, with or without notice.

Mobile Phone Number Change; Questions

In the event that you change or deactivate your mobile phone number, you agree to notify us by a method of contact provided below under “Contact Us.” If you have questions regarding these messaging terms or are experiencing any problems, please reach out to us by a method of contact as provided below.

International Users

Our Websites are controlled and operated by Spacial from our facilities in the United States of America. The Websites and Spacial services may be accessible from countries around the world and may contain references to or include services that are not available in your country. Any such references do not imply that we intend to announce or provide such services in your country. If you choose to access the Websites from another country you do so on your own initiative and are responsible for compliance with local laws. Access to the Websites and use of Spacial services from jurisdictions where the contents of the Websites or such services are illegal or penalized is prohibited.

By accessing or using the Websites, you affirmatively consent to the use and processing of your personal information in the United States as set forth in these Terms and our Privacy Policy [live link].

Severability and Integration

These Terms, our Privacy Policy, any Spacial services agreement and any supplemental terms, policies, rules and guidelines posted on the Websites constitute the entire agreement between you and Spacial. If any part of the Terms or our Privacy Policy or other services agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

General Provisions

You may not assign these Terms without Spacial’s prior written approval. Spacial may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Spacial’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Spacial as a result of these Terms or your use of the Websites or Spacial services. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Spacial in writing.

Modifications to Terms

Spacial may, at any time and from time to time, amend these Terms. Any changes will be effective immediately upon posting. You agree to review the Terms periodically and your use of the Websites following any such change constitutes your agreement to follow and be bound by the Terms as amended.

Contact Information

The Websites are operated by Spacial. All feedback, comments, complaints, questions, requests for technical support and other communications relating to the Websites should be directed to us at:

Spacial Health
3000 Royal Court, Unit 3308
North Hills, NY 11040
info@spacialhealth.com