1. Agreement to these terms
These Terms of Service (the “Terms”) are a binding agreement between you and GVR Equity, LLC, a Florida limited liability company (Florida document number L23000226481) doing business as Vereen Injury Medical Group (“Vereen”, “we”, “us”). They govern your access to and use of our website at www.vereeninjury.com, our portal at portal.vereeninjury.com, and any related services (together, the “Services”).
By accessing the Services, creating an account, or clicking to accept, you agree to these Terms. If you do not agree, do not use the Services.
If you are using the Services on behalf of a law firm or other organization, you represent that you are authorized to bind that organization, and “you” means both you and that organization. The organization is responsible for the acts and omissions of everyone who uses the Services under its account.
Section 23 contains a binding arbitration agreement and a waiver of class actions and jury trials. It affects how disputes between us are resolved. You may opt out of arbitration within 30 days of first accepting these Terms, as described in that section.
2. Definitions
- Firm
- A personal injury law firm that has been approved for access to the portal.
- Authorized User
- An individual at a Firm to whom the Firm has given portal access — an attorney, case manager or administrator.
- Patient
- An individual client of a Firm about whom the Firm submits information through the portal in order to arrange medical care.
- Provider
- An independent medical practice or clinician admitted to the Vereen network.
- Firm Data
- Everything a Firm or its Authorized Users submit through the Services, including Patient records, appointment requests, notes and documents.
- PHI
- Protected Health Information as defined by HIPAA.
3. Eligibility and account approval
The portal is offered only to law firms engaged in personal injury practice, and only to individuals who are at least 18 years old and authorized by such a firm.
Access is not automatic. Registering creates a request, not an account. Vereen reviews each Firm before granting access, and a Firm remains in a pending state until we activate it. We may approve, decline, defer or revoke access in our sole discretion and without giving reasons. Nothing in these Terms obliges us to admit any Firm or to keep any Firm admitted.
You must provide accurate and complete information when requesting access, and keep it current.
4. Accounts and authorized users
- Accounts are personal to the individual. Do not share credentials, and do not let anyone else use your account.
- Each Authorized User must have their own account. Generic or shared firm log-ins are prohibited.
- You are responsible for all activity under your account, and the Firm is responsible for all activity under its Authorized Users' accounts.
- We strongly recommend enabling multi-factor authentication.
- Tell us immediately at hello@vereeninjury.com if you suspect unauthorized access. Notify us promptly — delay can expand the harm and may affect our respective responsibilities for it.
- When a person leaves your Firm or changes role, the Firm must promptly remove or downgrade their access. We cannot know your staffing changes; you must tell us.
5. What the Services are
The portal lets an approved Firm:
- search the Vereen provider network by specialty, practice type and distance from a location;
- create and manage records for its own Patients;
- submit appointment requests to a chosen Provider, with preferred dates and injury context; and
- track the status of those requests and receive email notifications as the status changes.
Some Provider details, including practice name and street address, are withheld from search results until an appointment is booked. That is a deliberate design decision protecting the network, not a defect.
What the Services are not
- Not a booking guarantee. Submitting a request does not create an appointment. A Provider may decline, may be unavailable, or may need to reschedule. Only the Provider can confirm an appointment.
- Not a medical record system. The portal is a coordination tool. The Provider's own records are the medical record. Do not rely on the portal as your Firm's system of record or as your only copy of anything.
- Not an emergency service. If a Patient needs urgent care, call 911 or go to an emergency department. Never use the portal to communicate an emergency.
- Not a case management or docketing system. The portal does not track deadlines and will not remind you of one.
6. Fees
The portal is currently provided to member Firms free of charge. There are no subscription fees, per-seat fees or per-request fees, and we take no payment information.
We may introduce fees for the Services or for new features. If we do, we will give Firms at least 30 days' written notice before any fee takes effect, and no fee will apply to a period before that notice expires. If you do not accept a new fee, your remedy is to stop using the Services and close your account before the fee takes effect.
Fees charged by Providers for medical care are a matter between the Patient, the Firm and the Provider. Vereen is not a party to them, does not set them, does not collect them and takes no commission on them.
7. Your responsibilities for patient information
This is the most important obligation in these Terms
Vereen never obtains information directly from a Patient. Everything we hold about a Patient is there because a Firm put it there. The Firm — not Vereen — is responsible for deciding what to submit and for having the authority to submit it.
By submitting Firm Data, you represent and warrant, on each occasion, that:
- you have obtained every consent, authorization and waiver required for Vereen and the chosen Provider to receive, store, use and disclose that information for the purpose of arranging and delivering medical care — including any written HIPAA authorization required from the Patient or the Patient's parent, guardian or personal representative;
- you have given the Patient any notice required by law or by your rules of professional conduct, including notice that their information will be shared with Vereen and with a Provider;
- you have the authority to act for the Patient, and that authority has not been withdrawn;
- the information is accurate to the best of your knowledge, and you will correct it promptly when you learn it is wrong;
- you will submit only information that is reasonably necessary for the appointment, and will not use free-text fields to record information a Provider does not need — including privileged attorney work product, settlement strategy, or characteristics such as immigration status, sexual orientation, or religious belief; and
- your submission complies with all applicable law, including HIPAA where it applies to you, state medical privacy and records law, and the Rules Regulating The Florida Bar or the equivalent rules of your jurisdiction.
Withdrawal of authority. If a Patient withdraws consent, terminates your representation, or asks that their information be removed, you must tell us promptly and stop submitting further information about them.
Where HIPAA applies to us, our handling of PHI is governed by the applicable Business Associate Agreement, which controls over these Terms as to that PHI.
You are responsible for maintaining your own copy of any Firm Data your Firm needs to keep. See section 19 for what happens to Firm Data when an account closes.
8. No medical advice
Vereen does not practise medicine. The Services do not provide medical advice, diagnosis or treatment, and nothing in the portal — including specialty labels, search ranking, distance ordering or the order in which Providers appear — is a clinical recommendation or an endorsement of any Provider's suitability for a particular Patient.
No provider-patient relationship is created by using the Services. That relationship arises only between the Patient and the Provider, on the Provider's own terms. All clinical decisions are the Provider's and the Patient's alone. Vereen is not responsible for the care a Provider delivers, for its quality or outcome, or for any act or omission of any Provider.
9. No legal advice
Vereen is not a law firm and does not provide legal advice or legal services. Nothing in the Services, in these Terms, or in any communication from us is legal advice, and no attorney-client relationship is created between you and Vereen or between Vereen and any Patient.
You are solely responsible for your professional judgment, for your compliance with the rules of professional conduct in every jurisdiction where you practise, and for the adequacy of any record produced through the Services for your evidentiary or litigation purposes. Where the Services describe records as “litigation-ready”, that describes the documentation standards we ask of network Providers. It is not a warranty that any particular record will be admissible, sufficient, or accepted by any court, insurer or opposing party.
10. No referral fees or fee-splitting
Vereen pays no fee, commission, kickback, rebate or other consideration to any Firm, attorney or Authorized User for directing a Patient to a Provider, and accepts none from any Provider for appearing in the network or for receiving an appointment request. The portal is free to Firms, and admission to the network is decided on credentialing criteria.
Nothing in these Terms is intended to create an arrangement prohibited by the federal Anti-Kickback Statute, the federal Physician Self-Referral Law, the Florida Patient Brokering Act, the Florida Patient Self-Referral Act, or the Rules Regulating The Florida Bar. You agree not to use the Services in any way that would create such an arrangement, and not to solicit or accept any such payment from a Provider through or in connection with the Services.
11. Acceptable use
You must not, and must not permit anyone else to:
- use the Services for any unlawful purpose, or in breach of any professional obligation;
- access, or try to access, any Firm's data other than your own, or any account that is not yours;
- scrape, crawl, harvest, index or systematically extract the provider directory or any other part of the Services, by any means, whether or not automated; or attempt to defeat the withholding of Provider details described in section 5;
- submit fictitious Patients or fictitious appointment requests, including to reveal Provider details;
- use the Services to build, train or improve a competing product or service, or to benchmark for a competitor;
- reverse engineer, decompile or disassemble any part of the Services, except where that restriction is unenforceable by law;
- probe, scan or test the vulnerability of the Services, or breach or circumvent any security or authentication measure, without our prior written permission — see the disclosure invitation in our Privacy Policy;
- interfere with or place undue load on the Services, or introduce malicious code;
- use the Services to send unsolicited communications to Providers, or to market to them, other than in the ordinary course of arranging care;
- misrepresent your identity, your Firm, or your authority to act for a Patient; or
- remove, obscure or alter any proprietary notice.
We may investigate suspected breaches and take any action we consider appropriate, including suspension under section 19.
12. The provider network
Providers in the Vereen network are independent practices and clinicians. They are not employees, partners, agents or joint venturers of Vereen, and Vereen does not control or direct their clinical practice.
We admit Providers against credentialing criteria including licensure and credential verification, board certification, documentation standards and ongoing peer review. Credentialing is a review at a point in time against stated criteria. It is not a guarantee of any Provider's competence, availability, capacity, insurance status, billing practices, continued licensure, or the outcome of any care. We make no representation that any Provider will accept a request, meet a deadline, or produce records in any particular form or timeframe.
Provider information in the portal is supplied by the Provider and by our credentialing process. We take reasonable care but do not warrant that it is complete, current or free from error. Verify anything you intend to rely on.
13. Firm Data and ownership
Your Firm retains all right, title and interest in its Firm Data. We claim no ownership of it.
You grant Vereen a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display and process Firm Data solely as necessary to provide, secure, support and improve the Services, and to comply with law. This licence ends when the Firm Data is deleted, except for copies in routine backups until they expire, and except as any applicable Business Associate Agreement provides.
We may create and use aggregated and de-identified information derived from use of the Services — for example, how long requests typically take to be booked — provided it cannot reasonably be used to identify any Firm, Patient or Provider, and provided any de-identification of PHI meets the HIPAA standard. We will not publish statistics that identify a Firm without its written permission.
14. Our intellectual property
The Services, including all software, design, text, graphics, the Vereen name and logo, and the selection and arrangement of the provider directory, are owned by Vereen or its licensors and are protected by intellectual property law.
Subject to these Terms, we grant your Firm a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for its internal business purpose of arranging medical care for its own clients, for as long as its account is active. No other right is granted, expressly or by implication. You may not copy, modify, distribute, sell, sublicense or create derivative works of any part of the Services.
15. Feedback
If you send us suggestions, ideas or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or obligation to you. We will not identify you as the source without your permission. Do not send us anything you consider confidential or want to be paid for.
16. Confidentiality
Each party may receive information the other treats as confidential. Each party will use the other's confidential information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and advisers who need it and are bound by comparable obligations, or where compelled by law — in which case the disclosing party will, where lawful, give prompt notice so protection can be sought.
Confidential information does not include information that is or becomes public without breach, was already known without a duty of confidence, is independently developed, or is lawfully received from a third party. These obligations are in addition to, and do not limit, obligations under HIPAA or any Business Associate Agreement.
17. Third-party services
The Services depend on third-party providers for hosting, authentication, search, email, geocoding, mapping and network security. Those providers are listed in our Privacy Policy. We select them with care but do not control them, and we are not liable for their acts, omissions, outages or changes to their own terms. An interruption at a third-party provider may interrupt the Services.
18. Privacy
Our Privacy Policy explains how we handle personal information and forms part of these Terms. Where we act as a business associate under HIPAA, the applicable Business Associate Agreement governs PHI and controls over these Terms and the Privacy Policy as to that PHI.
19. Suspension and termination
By you
An Authorized User may delete their own account from within the portal at any time. A Firm may close its account by writing to hello@vereeninjury.com.
By us
We may suspend or terminate access, in whole or in part, immediately and without liability, if we reasonably believe that: you have breached these Terms; your Firm no longer meets the eligibility criteria; continued access poses a security, legal or professional risk; or we are required to do so by law. We may also discontinue the Services, or any part of them, on 30 days' notice.
What happens to Firm Data
For 30 days after an account closes, we will on written request provide the Firm with an export of its Firm Data in a machine-readable format. After that period we may delete it, subject to: any applicable Business Associate Agreement; medical-record and legal-hold retention obligations; and our append-only administrative audit log, which records who took which action and is retained as described in our Privacy Policy.
Deleting an Authorized User's account does not delete the Firm's Patient records, which belong to the Firm and to the treating Providers.
Survival
Sections 7 to 10 and 13 to 28 survive termination, along with any other provision that by its nature should survive.
20. Disclaimers
The services are provided “as is” and “as available”, with all faults and without warranty of any kind. To the fullest extent permitted by law, Vereen and its licensors and suppliers disclaim all warranties, express, implied and statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, accuracy and non-infringement, and any warranty arising from course of dealing or usage of trade.
Without limiting the above, Vereen does not warrant that the services will be uninterrupted, timely, secure or error-free; that any defect will be corrected; that the services will meet your requirements; that any provider will accept, attend or complete any appointment; that any record will be produced, produced on time, or sufficient for any evidentiary or litigation purpose; or that any information in the provider directory is accurate, complete or current.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions the exclusions above apply to the fullest extent permitted, and you may have additional rights.
21. Limitation of liability
To the fullest extent permitted by law, Vereen and its officers, directors, employees, agents, licensors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or anticipated savings, or for any loss or compromise of a legal claim, missed deadline, or adverse litigation outcome, arising out of or relating to these terms or the services, whether in contract, tort, negligence, strict liability or otherwise, and whether or not Vereen has been advised of the possibility of such damages.
Vereen's total aggregate liability arising out of or relating to these terms or the services will not exceed the greater of (a) the total amounts you paid to Vereen for the services in the twelve months before the event giving rise to the claim, or (b) one hundred United States dollars ($100). The services are currently provided free of charge, and you acknowledge that this cap is a fundamental basis on which Vereen makes them available at no cost.
These limits do not apply to a party's liability for fraud or fraudulent misrepresentation, for death or personal injury caused by its negligence, for its wilful misconduct or gross negligence, for your obligations under section 22, or for any liability that cannot be limited or excluded by law. Nothing in this section limits a party's obligations under an applicable Business Associate Agreement or under HIPAA.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions our liability is limited to the fullest extent permitted by law.
The disclaimers and limitations in sections 20 and 21 allocate risk between us and are reflected in the price of the Services. They apply even if a limited remedy fails of its essential purpose.
22. Indemnification
You will defend, indemnify and hold harmless Vereen and its officers, directors, employees and agents from and against any claim, demand, action, loss, liability, damage, fine, penalty, cost and expense, including reasonable attorneys' fees, arising out of or relating to:
- your Firm Data, including any claim that you lacked the consent, authorization or authority required by section 7;
- your or your Authorized Users' use of the Services;
- your breach of these Terms or of any law or professional rule; or
- any dispute between you and a Patient or a Provider.
We will notify you promptly of any claim, give you control of the defence — provided that no settlement admitting our fault or imposing an obligation on us may be made without our written consent — and reasonably cooperate at your expense. We may participate with our own counsel at our own cost.
23. Arbitration and class action waiver
Read this section carefully — it affects your legal rights
It requires most disputes to be resolved by binding individual arbitration rather than in court, and it waives your right to a jury trial and to participate in a class action. You may opt out within 30 days — see “How to opt out” below. Opting out will not affect any other part of these Terms or your use of the Services.
Informal resolution first
Before starting an arbitration, the complaining party must send the other a written notice describing the dispute and the relief sought — to hello@vereeninjury.com for a notice to Vereen, or to the Firm's registered account address for a notice to you. The parties will then negotiate in good faith for 60 days. This step is a condition precedent to arbitration, and the limitation period is tolled while it runs.
Agreement to arbitrate
If the dispute is not resolved, you and Vereen agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services — including its formation, interpretation, breach, termination, enforceability, and the scope of this section — will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, then in effect. The Federal Arbitration Act governs this section.
The arbitration will be before a single arbitrator, seated in Broward County, Florida, and conducted in English. The parties may agree to conduct it by videoconference or on documents alone. The arbitrator may award any relief a court could award to that individual party, and the award is final and binding and may be entered in any court of competent jurisdiction. The arbitrator's decision will be in writing with reasons.
Each party bears its own attorneys' fees and its share of arbitration fees, except where a statute or the arbitrator's award provides otherwise, and except that Vereen will pay filing and administrative fees to the extent required by the AAA rules or by law.
Class action and jury trial waiver
You and Vereen each waive any right to a jury trial. Claims must be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, representative or private attorney general proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
If a court decides that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request — and only that claim or request — will be severed from the arbitration and brought in the courts identified in section 24. The remainder of this section 23 stays in force.
Exceptions
This section does not apply to: (a) a claim that qualifies for small claims court, brought there on an individual basis; (b) an action seeking temporary or preliminary injunctive relief to protect intellectual property or confidential information, or to stop unauthorized access to the Services, which either party may bring in the courts identified in section 24; or (c) any claim that applicable law does not permit to be arbitrated.
How to opt out
You may reject this arbitration agreement within 30 days of first accepting these Terms. Email hello@vereeninjury.com with the subject line “Arbitration Opt-Out”, stating your name, your Firm's name, and the email address on your account. That is all that is required. Opting out affects only this section 23; everything else in these Terms continues to apply, and your access to the Services is unaffected.
If you opt out, disputes will be resolved in the courts identified in section 24. The jury trial waiver in this section does not survive an opt-out; the class action waiver does, to the fullest extent permitted by law.
Changes
If we materially change this section 23 after you accept these Terms, you may reject the change by emailing us within 30 days of the change taking effect, in which case the version you last accepted continues to govern disputes between us.
This section survives termination of these Terms and closure of your account.
24. Governing law and venue
These Terms and any dispute arising out of them are governed by the laws of the State of Florida, without regard to its conflict of laws rules, and by the Federal Arbitration Act as to section 23. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For any dispute not subject to arbitration, you and Vereen consent to the exclusive jurisdiction and venue of the state and federal courts located in Broward County, Florida, and waive any objection to that venue on grounds of inconvenient forum.
25. Changes to these terms
We may modify these Terms. We will post the updated version with a new “Last updated” date, and for any material change we will give at least 30 days' notice by email to Firm account holders or by a prominent notice in the portal, unless a shorter period is needed to comply with law or address a security risk.
Continuing to use the Services after a change takes effect means you accept it. If you do not accept it, stop using the Services and close your account before the effective date. Changes to section 23 are additionally subject to the rejection right described there.
26. Notices and electronic communications
You consent to receive communications from us electronically, and agree that electronic notices, agreements and records satisfy any legal requirement that they be in writing. This consent is given for the purposes of the federal E-SIGN Act.
We give notice by email to the address on your account, or by posting in the portal or on the website. It is your responsibility to keep your email address current; a notice sent to the address on file is effective even if you no longer monitor it.
You give notice to us by email to hello@vereeninjury.com, or by post to GVR Equity, LLC, Attn: Legal, 705 SE 5th Ct, Fort Lauderdale, FL 33301. Notice of a dispute under section 23 must also be sent by post.
27. General
- Entire agreement
- These Terms, the Privacy Policy, and any Business Associate Agreement or written order form between us are the entire agreement about the Services, and supersede all prior discussions. Any purchase order or vendor terms you send us are rejected and have no effect.
- Order of precedence
- Where there is a conflict: a Business Associate Agreement controls as to PHI; then a signed written agreement between us; then these Terms; then the Privacy Policy.
- Severability
- If any provision is held unenforceable, it will be limited to the minimum extent necessary and the rest stays in force. Section 23 has its own severability rule, which prevails within that section.
- No waiver
- A failure to enforce a provision is not a waiver of it.
- Assignment
- You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. Any other attempted assignment is void.
- Independent contractors
- Nothing here creates a partnership, joint venture, agency, franchise or employment relationship between us, or between Vereen and any Provider.
- No third-party beneficiaries
- These Terms create no rights in anyone other than you and Vereen, except that the persons indemnified under section 22 and the parties released under sections 20 and 21 may enforce those sections.
- Force majeure
- Neither party is liable for a delay or failure caused by events beyond its reasonable control, including a failure of a third-party provider, a natural disaster, or a widespread network outage. This does not excuse a payment obligation.
- Export and sanctions
- You represent that you are not located in, and are not a national or resident of, a country or region subject to comprehensive US sanctions, and that you are not on any US government restricted-party list.
- US government users
- The Services are “commercial computer software” and are provided with only the rights granted to all other users under these Terms.
- Headings and interpretation
- Headings are for convenience only. “Including” means “including without limitation”. These Terms will not be construed against the drafter.
28. Contact
- Email: hello@vereeninjury.com
- Phone: (844) VEREEN-1
- Post: GVR Equity, LLC, Attn: Legal, 705 SE 5th Ct, Fort Lauderdale, FL 33301