Last Updated: July 27, 2020
These terms of service (the “Terms”) are a legal contract between Jetdoc, Inc. (“Jetdoc”, “we” or “us”) and “you”. The terms explain how you are permitted to use the services provided by and through our telehealth services platform and our website located at the URL jetdoc.com as well as all of our associated internet properties (either linked by Jetdoc and/or affiliated companies) and any software that Jetdoc provides to you for download, including in your mobile devices (our “Mobile App(s)”) (all of these virtual properties and applications, collectively, the “Site”). These Terms also govern your use of all the text, data, information, software, graphics, proprietary content and more (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services we may provide through this Site). Collectively, the Site, the Materials, and the services provided herein are referred to as the “Service”.BY USING THE SERVICE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. DEPENDING ON YOUR JURISDICTION, THIS SECTION MAY NOT APPLY TO YOU.
1. The Service
We offer access and use of our proprietary telehealth platform, which includes a real-time audio/video technology and patient engagement solution that allows participating licensed physicians and non-physician practitioners (collectively, “Providers”) to communicate with their clients and patients (collectively, “Participants”), to provide remote medical services, such as wellness appointments and medical visits, via a secure Internet connection. We are a Service that facilitates certain telehealth platform services and communications between Providers and Participants, we are not a medical service provider, health insurance company, virtual clinic or pharmacy. Nor are we licensed to sell health insurance.THE USE OF OUR SERVICE IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
While the Service allows Providers to engage with Participants to provide medical services, the Jetdoc Service itself is not a medical provider and does not and is not intended to provide medical advice, diagnosis or treatment. Any patient/provider relationship created through the Service is between the patient and the Provider and no such relationship is intended to or will be created between Jetdoc and any patient. A PROVIDER’S ABILITY TO USE OUR SERVICE IS NOT AN ENDORSEMENT OR RECOMMENDATION OF THAT PROVIDER BY JETDOC. To the extent medical advice is provided to you by a Provider through the Service, such medical advice is based on your personal health data as provided by you to the Provider and the local standards of care for your presenting symptoms or conditions. ANY MEDICAL ADVICE PROVIDED BY PROVIDER IS NOT UNDER THE CONTROL OR DIRECTION OF JETDOC.2. Modifications and Additional Terms.
(a) These Terms. Jetdoc can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Service. We will ask for your express consent to the updated Terms where we are legally required to do so, and our notice to you will explain the reason for variation and how you can accept or reject the change. If you do not agree with any of the updated Terms, you must stop using the Service. (b) Service. Jetdoc may make changes to the Service at any time, without notice to you. If you object to any changes to the Service, your sole recourse will be to cease using the Service. Continued use of the Service following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Service as modified. We also reserve the right to discontinue the Service, or any component of it, at any time without notice to you. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Service. (c) Paid subscriptions. Please note that if you are under paid-subscription services with us, in the event we change the price for the services which you have previously agreed to pay or if we substantially change the services you are paying for, we will also notify you of such changes as contemplated in Section 2(a) above. Any changes will become effective after your then-current subscription expires or terminates. If you do not agree with such changes and you communicate this to us in accordance with the notification, we will not automatically renew your subscription even if you previously agreed to automatic renewal for payment. (d) Additional Terms. In addition, certain features of the Service may be subject to additional terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern. (e) Executed Contract(s). If You have entered into a separate executed agreement for services with Jetdoc, including without limitation our Technology Platform Services Agreement (collectively and individually, the “Contract”), such Contract shall supersede these Terms. In the event of any conflict between these Terms and the Contract, the Contract will prevail. In cases where the Contract does not address specific provisions included in these Terms, these Terms will apply, supplementing the Contract.3. Privacy
Please review our privacy policy (the “Privacy Policy”) which explains how we use information that you submit to Jetdoc. The Privacy Policy is hereby incorporated by reference.4. Users of the Service
You agree and understand that Users of the Service are subject to any Submission policies and our Intellectual Property Infringement section, and you represent and warrant that you have read, understood and accept the provisions of those sections as applicable to you and your submitted content. (a) Participant. If you are a Participant, you accept responsibility for yourself in the use of the Service. The Service is designed for your active engagement in your own care, however you acknowledge that your relationship regarding the provision of telehealth services is with your Provider, and your obtaining services from the Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Service, you agree to not hold Jetdoc liable in any way for any malpractice or substandard treatment the Provider may render.We do not confirm the credentials of Providers using our Service and do not validate that they are in good standing with their respective licensure board(s). IT IS THE PARTICIPANT’S RESPONSIBILITY TO SEPARATELY CONFIRM THAT A PROVIDER IS IN GOOD STANDING WITH HIS OR HER RESPECTIVE LICENSING BOARD(S).
Additionally, you agree and understand that:- You may be entering into a doctor/patient relationship with a Provider and that Jetdoc is not a party to that treatment relationship. You acknowledge that you receive the health care services from the Provider and that Jetdoc is not a health care Provider.
- You are responsible for any payments to your pharmacy for any prescriptions or medications received through the Service.
- You agree to the entry of certain medical records, information and physician’s notes into the Service as determined by the Provider, and understand that all reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, but no Mobile App, computer or phone system is totally secure. The Service does not keep a record of your video/audio encounter with the Provider through the Service but you have a right to Provider notes taken during the encounter that are stored in the platform. Please refer to our Privacy Policy for information about how to request your Service records.
- You agree that some of the medical disclosures or history you share with your Provider may be stored electronically in the Service and made available to the Provider who performs the telehealth service for you.
- You acknowledge that it is the Provider, and not Jetdoc, who prescribes any medications and that the Service does not guarantee that a prescription will be written for you.
5. Contractual Relationship. Minors.
By using the Service, you represent, acknowledge and agree that you are of age under the laws of your jurisdiction (usually 18+ years) and/or lawfully able to enter into contracts. If you are not of age (a “Minor”), you represent that you are using the Service with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Service and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby consent to the use of the Service by a Minor, agree to bind the Minor to these Terms and to fully indemnify and hold harmless Jetdoc if the Minor breaches any of these Terms. If you are not legally able to enter into contracts, you may not use the Service at any time or in any manner or submit any information to Jetdoc through the Service. To be able to use and access the Service, Providers contract separately with Jetdoc and then invite Participants to join the Service.6. Use of the Service.
The Service is a telehealth platform and related support services that enables Participants to connect with Providers for purposes of engaging directly in their medical care. The Service is licensed, not sold, to you. (a) Grant of a Limited License to Use the Service. The Service is protected by copyright laws throughout the world. Subject to your agreement, and continuing compliance with these Terms, and any other relevant Jetdoc policies, Jetdoc grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to use the Service and/or download, and use a copy of the Mobile App or client-software on a mobile device or computer that you own or control and to run such copy solely for your own individual, non-commercial purposes only. You agree not to use the Service for any other purpose. (b) Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by Jetdoc; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service except as expressly permitted by Jetdoc; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; or (vi) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks (c) Account Registration. You need not register with Jetdoc when you are visiting or viewing the public areas of the Site, or to browse any publicly accessible information in the Site. However, in order to access and use the features of the Service, you must register with Jetdoc for an account and receive a password. For purposes of the Terms, a “Registered User” is a user of the Service (“User,” or “user”) who has registered an account with us (“Account”). (d) Registration Data. In registering for the Service, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are not a person barred from using the Service under the laws of any applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by Minors, and you will accept full responsibility for any unauthorized use of the Service by Minors. You may not share your Account or password with anyone, and you agree to (A) notify Jetdoc immediately of any unauthorized use of your password or any other breach of security; and (B) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Jetdoc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jetdoc has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself or the Minor you represent, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so. You agree that you shall not have more than one Account per platform at any given time. Jetdoc reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Service if Jetdoc has previously removed you, or if you have been previously banned from use of the Service, nor to designate other individuals to use an account on your behalf (e) Data Network and Internet Access. When you access the Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain services may be prohibited or restricted by your network provider and not all features of the Service may work with your network provider or device. The Service may require an Internet connection to access Internet-based features, authenticate the Service, or perform other functions. You acknowledge that you may be charged by your network service provider, and shall be responsible for any such charges, for Internet access.7. Subscriptions; Payments; and Cancellations.
(a) Subscriptions. By registering for an Account, you obtain access to the Service (a “Subscription”). Each Subscription and the rights and privileges provided therein is personal and non-transferable. Jetdoc reserves the right to change prices for Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases. (b) Payments. You agree to pay all fees or charges that may apply to your Account based on any fees, charges, and billing terms between Participant and Provider and any fees or charges that may be applicable for use of the Service as contracted separately with you or as shown on the Site. You agree and consent to Jetdoc’s use of third-party payment providers for billing and online payments. If you do not pay on time or if Jetdoc cannot charge your payment method for any reason, Jetdoc reserves the right to either suspend or terminate your access to the Service and Account and terminate these Terms. You are expressly agreeing that Jetdoc is permitted to bill you for any applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Service and the fees will be billed to the payment method designated on your registration with the Service and, if applicable, thereafter at regular intervals for the remainder of your Subscription Term. If you have a balance due on any Account, you agree that Jetdoc may charge such unpaid fees to your payment method or otherwise bill you for such unpaid fees. (c) AUTOMATIC RENEWAL TERMS: To facilitate continuity of the Service to you, each paid Subscription contains automatic renewal terms. Jetdoc will automatically renew your Subscription as per the Subscription period of your choosing (each a “Subscription Term”), on the anniversary of that date that Jetdoc first charges your Account for the first Subscription fee, and, as authorized by you during the Subscription sign-up process, Jetdoc will charge your Account with the applicable Subscription fee and any sales or similar taxes that may be imposed on your Subscription fee payment (unless you cancel prior to the anniversary date). Each Subscription renewal period is for the same Subscription Term as the prior one, unless otherwise agreed between you and Jetdoc. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. If you cancel your Subscription, your access to and use of the service will be shut off once your then current pre-paid Subscription Term expires. Jetdoc reserves the right to modify pricing at any time (but not the price in effect for your then-current Subscription Term), upon advance notice to you. If you have not cancelled your Subscription or turned off the auto-renew function within the specified time after receiving notice of a price change, your Subscription will auto-renew at the price indicated in your notice. (d) CANCELLATION TERMS: Upon first signing up for a Subscription to the Service, you shall have seven (7) calendar days to cancel for a full refund. IF YOU CANCEL YOUR ACCOUNT AT ANY TIME AFTER THE INITIAL SEVEN DAYS, YOU WILL NOT RECEIVE ANY REFUND. You may cancel your Subscription at any time, and such cancellation shall become effective upon expiration of your then-current Subscription Term. You agree and understand that you will be charged Subscription fees until the expiration of your then-current Subscription Term and Subscription fees will not be refunded, in whole or in part, subject to applicable law. You will not be eligible for a pro-rated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription Term. If you have any problems or concerns with your cancellation, please contact us at [email protected] for assistance.8. Rules of Conduct.
In addition to your other promises and obligations, by using Jetdoc’s Service you agree NOT to:- Use your account or the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk email or repetitive messages (spim and spam) to anyone;
- Use your account or Service to engage in, discuss or incite any illegal conduct or activity;
- Access another user’s account without permission;
- Use the Service in any manner that violates any applicable laws or regulations or is prohibited by these Terms
- Collect or harvest any information about other users;
- Post, request, or link to obscene, threatening, embarrassing, hateful, racially or ethnically insulting, inciteful, deceptive, tortuous, defamatory, libelous, harassing, stalking or otherwise inappropriate or offensive material or conduct or that otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
- Use features of the Service for anything other than their intended purpose;
- Interfere with or disable any security-related features of the Service, or any part thereof, including any services available on or through any Third Party Sites or through Providers;
- Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Service;
- Use any robot, spider, scraper or other automated means to access the Service;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Post anything contrary to our public image, goodwill or reputation;
- Engage in any other prohibited conduct;
9. Submissions.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available (“Make Available”) on or through the Service (each a “Submission”). You may not Make Available on this Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any such right protects any material is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness. You hereby grant to Jetdoc a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Jetdoc agrees to use any personally identifiable information contained in any of your Submissions in accordance with Jetdoc’s Privacy Policy and HIPAA, to the extent applicable. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Service. When you provide Submissions you agree that those Submissions shall not be in violation of the Rules of Conduct in section 8. Those prohibitions do not require Jetdoc to monitor, police or remove any Submissions or other information submitted by you or any other user. Notwithstanding the foregoing, Jetdoc reserves the right to remove any content or Submission from its Service at any time and for any or no cause. If you use the “rating” feature of the Service to rate a Provider or a Participant, as a applicable, and/or if you send or transmit any communications, comments, questions, suggestions, or related materials to Jetdoc, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Jetdoc is free to use, without any attribution or compensation to you, any ratings submitted within the Service, and any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Jetdoc may use any of this Feedback in aggregated or non-aggregated from, however Jetdoc is not obligated to use, display, reproduce, or distribute any such ratings, ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.10. Intellectual Property Ownership
The Service and all proprietary and intellectual property rights embodied and practiced therein, including the look-and-feel of the Site, are and shall remain Jetdoc’s property (or the property of Jetdoc’s licensors). Neither these Terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference in any manner Jetdoc’s company names, logos, product and service names, trademarks or services marks or those of Jetdoc’s licensors. There are no licenses by implication. If you breach any of these Terms, the above license will terminate automatically and you must stop using the Service and immediately destroy any materials downloaded or printed from the Service.11. Intellectual Property Infringement
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing Submissions that violate intellectual property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Service in violation of someone’s intellectual property rights. Submitting a DMCA infringement notification Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of the Service, please provide written notice to Our Agent for notice of claims of infringement: Attn: Jetdoc DMCA Agent. By Email: [email protected]. To be sure the matter is handled immediately, Your written notice must- Contain Your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
- Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
- Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
12. Term and Termination
The Terms commence on the date when you start using the Service and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms. If you want to terminate the Service, you may do so by notifying Jetdoc at any time. We reserve the right to terminate or suspend your account or access to the Service at any time and for any reason. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your Account, you will have no further access to your Account or anything associated with it. Termination of the Service includes (i) automatic termination of all licenses and you must immediately destroy any downloaded or printed materials (including software); and (ii) deletion of your password and related information, files and content associated with or inside your Account (or any part thereof), including Submissions, except to the extent of any surviving licenses or applicable record retention requirements. Please contact your Provider or Jetdoc for copies of any records related to your relationship with your Provider over the Services. Jetdoc will not have any liability whatsoever to you for any suspension or termination, including for deletion of Submissions. All provisions of the Terms, which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You may close your Account by emailing us at [email protected]. We will proceed to close your Account and send you an email confirmation.13. Links to Third-Party Sites.
The Service may be linked to other websites that are not Jetdoc properties (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Jetdoc, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. Jetdoc does not verify, make any representations or take responsibility for any Third-Party Site, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT JETDOC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Service to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Jetdoc’s endorsement or recommendation.14. Disclaimer of Warranties.
(a) Generally. You use the Service at your own risk. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND TO THE FULLEST EXTENT PERMITTED BY LAW, JETDOC (ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSOCIATES, PARTNERS, LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. JETDOC DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. (b) Disclaimer of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE JETDOC SERVICE, INCLUDING PROVIDERS. YOU UNDERSTAND THAT JETDOC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE.(c) Special Disclaimer regarding the Service. Jetdoc is not a health care provider. The Service is designed to support, not replace or intervene in, the relationship that exists between you and your Provider. The Service is a platform and tool, and any information contained on the Site is not to be construed as a medical recommendation, or as professional advice by Jetdoc. Never disregard medical advice or delay seeking it because of something you have read on the Site. While providing the Services, Jetdoc is not responsible for identifying potentially harmful activities the Participants may be engaging in, or for observation inaccuracies by Providers due to the limitations of video when attending telehealth visits with Participants. Please note that Providers may have separate obligations under applicable state law to report any knowledge of or suspicions of child abuse, neglect, statutory rape, domestic violence, and sexual assault. Jetdoc does not become involved in and is not responsible for any mandatory state reporting by Providers of any such suspicions.
15. Limitation of Liability.
NOTHING IN THESE TERMS SHALL AFFECT YOUR LEGAL RIGHTS AS A CONSUMER OR EXCLUDE OR LIMIT ANY LIABILITY, WHICH CANNOT BE LEGALLY EXCLUDED, OR LIMITED. JETDOC SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, REMOTE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JETDOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE EXCLUSIONS EXPRESSLY SET FORTH IN THIS SECTION, IN ALL EVENTS, JETDOC SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO JETDOC IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO JETDOC DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND JETDOC’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH JETDOC IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JETDOC AND YOU. To the extent that Jetdoc may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth in these Terms, the scope of such warranty, and the extent of Jetdoc’s liability, shall be the minimum permitted under such applicable law.16. Indemnit
You agree to indemnify and hold Jetdoc, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “Jetdoc Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Submissions; (b) your use of, or inability to use, the Service; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Jetdoc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Jetdoc in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Service.17. Interactions between Users.
You are solely responsible for your interactions with other Users of the Service and any other parties with whom you interact through the Service, including with Providers. Jetdoc reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Jetdoc to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting Jetdoc access to any password-protected portions of your Account. If you have a dispute with one or more Users (including Providers), you release Jetdoc (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or are a California resident, you waive California Civil Code § 1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.18. Local Laws.
Jetdoc controls and operates the Service from its headquarters in the United States of America and it may not be appropriate or available for use in other locations outside of the United States of America. If you use the Service outside the United States of America, you are responsible for following applicable local laws.19. Special Provisions for Mobile Applications.
(a) App Stores. You acknowledge and agree that the availability of the Mobile App and the Service is dependent on the third party from whom you received the Mobile App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Jetdoc and not with the App Store. Jetdoc, not the App Store, is solely responsible for Service, including the Mobile App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Mobile App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Service, including the Mobile App. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Service, including the Mobile App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them. (b) Additional License Terms for use of the Service in conjunction with the Apple App Store. With respect to any Mobile App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Stored Sourced Application (i) on an Apple-branded products that runs the iOS (Apple’s proprietary operating system), and (ii) as permitted by the “Usage Rules” set forth in the Apple Terms of Service. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:-
- You acknowledge and agree that (i) the Terms are concluded between you and Jetdoc only, and not Apple, and (ii) Jetdoc, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Jetdoc and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Jetdoc.
- You and Jetdoc acknowledge that, as between Jetdoc and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation
- You and Jetdoc acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Jetdoc and Apple, Jetdoc, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
- You acknowledge that these Terms are between you and Jetdoc only, and not with Google, Inc. (“Google”).
- Your use of Jetdoc’s Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. Jetdoc, and not Google, are solely responsible for Jetdoc’s Android App and the services and Content available thereon. Google has no obligation or liability to you with respect to Jetdoc’s Android App or these Terms.