Conditions | HealthJay Inc. Copy

HealthJay Terms and Conditions

Last updated: November 12, 2020

*Limited time offer. For new customers only. Must purchase annual subscription term. Service, product, & equipment availability, fees, & pricing may vary. Standard rates apply after the promotional period expires. Offer subject to change. Other fees may apply. Other restrictions apply.

Terms and Conditions May Change

HealthJay Inc. reserves the right to modify and update our terms from time to time without giving prior notice. Any and all changes to our terms will be posted on the Website (www.healthjay.com) and revisions will be indicated by date. You agree to be bound to any changes to these terms after any such modification becomes effective.

We care about the privacy of our users. Please review the HealthJay Privacy Policy. By using the Website, you are consenting to have your personal data transferred to and processed in the United States, and you are consenting to the terms of our Privacy Policy.

International Use

By choosing to access the Website from any location other than the United States, you accept full responsibility for compliance will all local laws that are applicable. HealthJay makes no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Website in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

Limited License and Permitted Use

You are granted a limited, nonexclusive, revocable and nontransferable license to utilize and access the Web Admin Portal and Software Applications pursuant to the requirements and restrictions of use of service. The content on the Web Portal and software Apps is the property of HealthJay and is protected by U.S. copyright law. You agree that you are only authorized to visit, view and to retain a copy of pages for the Portal and Apps for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Portal and Apps for any purpose other than for personal use unless otherwise specifically authorized by us to do so. If you are the authorized agent to act on behalf of another person(s), your licenses are restricted to those you represent. The Portal and Apps may not be used by you for any commercial purposes such as to conduct sales of any kind. HealthJay may change, suspend, or discontinue any aspect of the Portal and Apps at any time. HealthJay may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Portal and Apps. Except as provided in our service agreement, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Portal and Apps, or any of its content in whole or in part. You shall not reverse engineer, decompile or modify the Portal and Apps, in whole or in part or otherwise use the Portal and Apps or the information contained therein or results derived therefrom to develop any products or services to be competitive with the Portal and Apps, HealthJay or its affiliates.

Violation of these terms

You understand and agree that in HealthJay’s sole discretion, and without prior notice, HealthJay may terminate your access to the Portal and Apps, or exercise any other remedy available and remove any unauthorized user information, if HealthJay believes that the information you provide has violated or is inconsistent with our terms, or violates the rights of HealthJay, or any third party, or violates the law. HealthJay may terminate your license to use the Website if you unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.

HealthJay has the right, but not the obligation, to monitor any activity and content associated with the Portal and Apps and investigate as it deems appropriate. HealthJay may also investigate any reported violation of its policies or complaints and take any action that it deems appropriate. HealthJay also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators or other third parties.

Disclaimer of Warranties

To the fullest extent permitted by law, HealthJay, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Portal and Apps our services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. HealthJay makes no warranties or representations about the accuracy or completeness of the content on the Portal and Apps or the content of any websites linked to the Portal and Apps and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your (or care recipients you are representing) access to and use of our Portal and Apps, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Portal and Apps or our services, (e) any bugs, viruses, or the like which may be transmitted to or through the Portal and Apps by any third-party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Portal and Apps. YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PORTAL AND APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE OR THE USE OF THE CARE RECIPIENTS THAT YOU ARE AUTHORIZED TO ACT ON BEHALF. NEITHER HEALTHJAY NOR ITS SUBSIDIARIES MAKE ANY WARRANTY THAT THE PORTAL AND APPS CONTENT OF THE PORTAL AND APPS IS ACCURATE, RELIABLE OR CORRECT; THAT THE PORTAL AND APPS WILL BE AVIALABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE PORTAL AND APPS CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FORM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE PORTAL AND APPS.

Professional advice and emergency disclaimer

HealthJay provides a virtual platform for users to communicate for informational and social engagement purposes only, which should not be construed as health advice. HealthJay does not take any responsibility whatsoever for the content that users exchange. The information provided in the Portal and Apps, or through links to other third party sites, is not a substitute for obtaining proper medical or professional care or services. We are not engaged in providing professional medical advice nor emergency services via the Portal and Apps or otherwise. You should not view the information provided on the Portal and Apps as a substitute for medical advice offered by a licensed professional or otherwise, and if necessary, you should seek the advice of a licensed medical professional. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information contained within the Portal and Apps. HealthJay does not warrant the accuracy, completeness or currency of the information provided on and made available through the Portal and Apps. HealthJay does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information contained within the Portal and Apps.

Publication of the content appearing on the Portal and Apps does not necessarily constitute an endorsement of the views expressed therein, and does not constitute a warranty or guarantee of any strategy, advice, recommendation, treatment, action, or medication nor any emergency situations. The Portal and Apps should not be construed as providing specific instructions for individual patients, nor as a substitute for the diagnosis, treatment and advice of a medical or other professional. Any content contained on the Portal and Apps should not be used to determine treatment for a specific medical condition nor handling of an emergency. Any health contents related to our platform by users should not be construed as having any association with HealthJay.

Registration

In order to access certain areas of the Portal and Apps and use certain functions or features of the Portal and Apps, you are required to register as a user. There is no charge to register as a user as long as you have a subscription with HealthJay. You need to choose a unique username, email address, and password. We reserve the right to remove, reclaim or change a username you select if we determine it is inappropriate in our discretion, such as when the username is obscene or otherwise objectionable. By logging into the Portal and Apps, you represent and warrant that (i) you are the customer who registered for the services, (ii) that you are using the services only for permitted purposes, (iii) you are not a competitor of HealthJay, (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security, (v) you will ensure that you exit from your account at the end of each session, (vi) you will not select or utilize a username of another person with intent to impersonate that person, (vii) you will not select or utilize a username in which another person has rights, if you do not have that person's authorization to use such name. Please notify us of any potential unauthorized use of your account or breach of security.

By using our Portal and Apps and services, you represent and warrant that all registration information you submit is truthful and accurate; you will maintain the accuracy of such information; you will keep your password confidential and will be responsible for all use of your password and account; you are 13 years of age or older; you have the permission to act on behalf of a third party if you claim to be the authorized person; and your use of our services does not violate any applicable law or regulation.

Availability of the Website

You agree that from time to time we may remove the Portal and Apps for indefinite periods of time at any time, without notice to you. While we use reasonable efforts to keep the Portal and Apps accessible, the Portal and Apps may be unavailable from time to time for any reason including, without limitation, routine maintenance.

Contributions and Acceptable Use

When you create or make available text, videos, comments, suggestions or personally-identifiable information or other material (collectively "Contributions") to HealthJay and/or to or via the Portal and Apps, you thereby represent and warrant that the material will not contain any items that may be unlawful or unfit for publication, including but not limited to material that (a) infringes the proprietary rights of any third party; (b) is obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable as determined by HealthJay; (c) incites, encourages or threatens physical harm against another; (d) includes any offensive comments; (d) violates, or links to material that violates, any provision of these terms or any applicable law or regulation; or (e) contains any virus, worm, malware or other potentially damaging programs or data.

You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. But by posting Contributions to any part of the Portal and Apps, or making them accessible to the Portal and Apps by links, you expressly grant to HealthJay an unrestricted, irrevocable, non-exclusive, transferable, sublicensable royalty-free, worldwide right and license to host, use, reproduce, disclose, publish, publicly display, reformat, transmit, and distribute such Contributions for any purpose in any media formats and channels.

HealthJay has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these terms. You hereby waive all claims and agree you have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to the Portal and Apps.

HealthJay does not endorse any content provided by users or any opinion, recommendation, or advice expressed in Contributions, and HealthJay disclaims any and all liability in connection with content provided by users to the fullest extent permitted by applicable law.

Limitation of Liability

To the extent permitted by applicable law, under no circumstances shall HealthJay or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data or other damages arising from your use of the Portal and Apps or our services, your inability to use the Portal and Apps, or from information provided on the Portal and Apps even if HealthJay has been advised of the possibility of such damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis.

Third-Party Content and/or Software

The Portal and Apps and the HealthJay Website (www.healthjay.com) may contain links to other websites ("Third-Party Websites") as well as articles, graphics, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). HealthJay does not endorse nor is responsible for the content on third-party websites.

If you decide to leave the Portal and Apps and the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

The content on the Website, Portal and Apps ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to HealthJay, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HealthJay.

Company Content is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, Portal and Apps, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use, or act on behalf of another person with authorization. HealthJay reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.

Product Pricing

The displayed pricing on the Website may change any time in the sole discretion of HealthJay. You agree to pay HealthJay all charges at the prices then in effect for the products you or other persons using your billing account purchase, and you authorize HealthJay to charge your chosen payment provider for those purchases. You agree to make payment using that selected payment method.

You can opt in with consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Or you can opt in for monthly offline invoicing. HealthJay reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by HealthJay. We reserve the right to change prices at any time. All payments shall be in U.S. dollars.

Fees

The renewal payment may be paid in advance for a period of up to twelve (12) months in order to insure that the renewal payment shall not increase during such time period. Otherwise, we may increase the renewal payment at any time following the initial minimum service commitment upon written notice.

Term and Renewal

Following the expiration of Subscriber’s initial minimum service commitment, the term of the HealthJay Service Agreement (the "Agreement") is month-to-month.

Cancellation

You or we may terminate the Agreement at any time with services terminate at the end of the monthly billing cycle for month-to-month users. For one-year subscription users, you are obligated to fulfill the payment for the full term.

Special Offers

HealthJay will occasionally offer special promotions to our users. This can include a gift card with purchase, free shipping, manufacturer offers, or other promotions associated with a subscription. These offers may be for a limited time only, and limitations may apply.

Inaccuracy Disclaimer

Occasionally there may be information on the Website, Portal and Apps that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. HealthJay reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold HealthJay, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your contributed content, use of our services, and/or arising from a breach of these terms and/or any breach of your representations and warranties set forth above.

Disputes, Arbitration Agreement and Waiver of Certain Rights

If there is a dispute between users of the Website, Portal and Apps, or between users and any third-party, you understand and agree that HealthJay is under no obligation to become involved. In the event that you have a dispute with one or more other users or any third party in relations to our services, you hereby release HealthJay, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our services.

If there is a dispute, controversy or claim ("Dispute") between you and HealthJay regarding these Terms and Conditions or the Website, Portal and Apps, you agree that we will resolve any Disputes through final and binding arbitration instead of through court proceedings. You and HealthJay hereby waive any right to a jury trial of any Dispute Any dispute, claim, or controversy arising out of or in connection with this Agreement or the breach, termination, enforcement, interpretation, or validity thereof (other than for claims or disputes related to the intellectual property of a party), shall be determined through binding arbitration under JAMS Comprehensive Arbitration Rules and Procedures. The parties shall share equally the fees and expenses of the JAMS arbitrator. The arbitration shall be conducted by a sole arbitrator chosen by the mutual agreement of the parties or, failing that, by JAMS under its then prevailing rules. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall have the authority to grant specific performance or any other equitable or legal remedy, including provisional remedies. Each party will be responsible for its own incurred expenses arising out of any dispute resolution procedure. The parties will jointly bear the expense of any arbitrator. Any arbitration proceedings shall take place at a location mutually agreed upon by the parties to this Agreement. If the parties fail to agree upon a location, then such arbitration proceedings shall take place in Santa Clara County, California.

You and HealthJay agree that any arbitration shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

If any element of this Section is found to be illegal or unenforceable, it will no longer be in effect, but the rest of this Section will continue to stand. This Section of these terms will be kept in effect until you terminate your relationship with HealthJay.

In order to resolve a complaint or to receive further information regarding use of our services, please contact us at:

HealthJay Inc.

435 Stanford Ave., Palo Alto, CA 94306

Email: info@healthjay.com