IMPORTANT NOTICE: THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE PLATFORM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THESE TERMS ALSO INCLUDE A JURY WAIVER AND A CLASS ACTION WAIVER, THE LATTER OF WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
NOTE THAT THESE TERMS APPLY ONLY TO THE JUS-PHARMA APPS AND WEBSITE; OTHER THIRD PARTY APPLICATIONS OR SERVICES PROVIDED WITHIN OR THROUGH THE PLATFORM MAY HAVE SEPARATE TERMS AND CONDITIONS AND PRIVACY POLICIES THAT APPLY TO THE USE OF THOSE APPLICATIONS OR SERVICES
We may terminate these Terms for any or no reason, and with or without notice to you. However, the portions dealing with intellectual property rights, indemnification, disclaimers, limitation of liability, governing law, and any other portions which by their nature would continue beyond the termination of these Terms, will survive the termination of these Terms. Your rights under these Terms will terminate automatically if you fail to comply with any provision of these Terms. Upon termination of these Terms, you shall cease all use of the Platform.
1. OWNERSHIP AND LICENSE
The Platform contains visual interfaces, graphics, designs, trademarks, images, information, data, computer code, software, services, materials, and other content (collectively, “Content”), all of which is protected under intellectual property and proprietary rights and other applicable federal, foreign, international, provincial, local and state laws. Content may be in the form of text, data, sound, graphics, images, software or other forms now known or later invented.
Subject to your complete and ongoing compliance with all terms and conditions set forth in these Terms, Jus-Pharma grants you (a) a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the Platform, including via Apps downloaded directly from a legitimate marketplace (such as Apple’s iTunes store or Google Play), solely in object code format and solely for your own personal non-commercial use for lawful purposes, and (b) permission to access and use the Platform, only for your own personal non-commercial use, through the use of a licensed copy of the Platform. Jus-Pharma may, in its sole discretion, suspend, discontinue or terminate this license to you at any time for any reason.
Jus-Pharma reserves the right at any time and from time to time to modify, suspend, discontinue, or cancel any or all of the Platform’s operation, or portions thereof, with or without notice to you. You acknowledge and agree that Jus-Pharma will not be liable to you or any third party for any such modification, suspension, discontinuation, or cancellation of any or all of the Platform’s operation.
2. ACCOUNT REGISTRATION; PRIVACY
We will have no liability in connection with your failure to maintain accurate personally identifiable information in connection with your Account, including, but not limited to, your failure to receive critical information from Jus-Pharma or the Platform.
Your selection and use of an Account username and password, and any other information required for access and authentication purposes, are subject to these Terms. You agree not to share your username, password and any security-related information with anyone. You are responsible for all uses of your Account and for ensuring that access to and use of your Account complies fully with these Terms. You acknowledge and agree that any use of your Account through your username, password and security information shall be deemed to be your actions that we may rely upon. You are solely responsible for protecting the confidentiality and security of your Account.
3. RESTRICTIONS ON ACCESSING AND USING THE PLATFORM
As a condition to accessing and using the Platform in accordance with the license granted to you under these Terms, you agree to comply with all applicable laws, rules, regulations and other legal requirements relating to your access to and use of the Platform. Further, you agree not to:
Use the Platform for any illegal purpose, or in violation of any local, state, national, or international law;
Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
Interfere with security-related features of the Platform, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any Content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Platform or any part thereof except to the extent that such activity is expressly permitted by applicable law;
Interfere with the operation of the Platform or any user’s enjoyment of the Platform, including, without limitation, by (i) disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Platform; (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Platform, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, or accessing the Platform accounts of others without permission;
Sell or otherwise transfer the access granted herein or any Content or any right or ability to view, access, or use any Content; or
Attempt to do any of the foregoing, or assist or permit any persons in engaging in any of the activities described in this Section
4. THIRD PARTY SERVICES
Jus-Pharma may use and disclose any comments, suggestions, bug reports or feedback relating to the Platform (collectively, “Feedback”) without any restriction. Without limitation, Jus-Pharma will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback.
You agree to defend, indemnify and hold harmless Jus-Pharma and its parent, subsidiaries, and affiliated companies, and their respective service providers, agencies, licensors, and contractors (including the Jus-Pharma Service Providers), together with each of their respective employees, agents, directors, officers and shareholders (all of the foregoing, collectively, the “Jus-Pharma Entities”), from and against all liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Platform or your breach or alleged breach of any of these Terms.
For Participants in Clinical Trials and Research Studies
We process information on behalf of pharmaceutical companies and medical device manufacturers, and we have processes in place to help them respond to requests from individuals to exercise data protection rights that apply under applicable law. Please reach out to your contact at the applicable company directly with questions about how you can exercise your data protection rights as a participant.
7. DISCLAIMERS; NO WARRANTIES
You understand and agree that your use of the Platform and any services of the Platform is solely at your own risk and that you will be solely responsible for any damage to your mobile device or computer or any other equipment or loss of data that may result from your use of the Platform.
The Platform and Content are provided on an “AS IS” and “AS AVAILABLE” basis without any warranty of any kind, expressed, implied or statutory. WE AND THE JUS-PHARMA SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
JUS-PHARMA AND THE JUS-PHARMA SERVICE PROVIDERS MAKE NO WARRANTIES THAT THE PLATFORM OR ANY CONTENT OR SERVICES OBTAINED THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, NON-INFRINGING OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR ANY AND ALL CHARGES, COSTS AND EXPENSES FOR ACCESS TO OR USE OF THE PLATFORM. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY PERFORMANCE DEGRADATION, INTERRUPTION OR DELAYS OF THE PLATFORM, OR ERRORS OR OMISSIONS IN ANY CONTENT ON OR THROUGH THE PLATFORM.
ANY DECISION OR ACTION TAKEN BY YOU ON THE BASIS OF INFORMATION, CONTENT, OR SERVICES PROVIDED IN OR THROUGH THE PLATFORM IS AT YOUR SOLE DISCRETION AND RISK. WE AND THE JUS-PHARMA SERVICE PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH DECISION, OR FOR THE ACCURACY, COMPLETENESS, USEFULNESS, OR AVAILABILITY OF ANY CONTENT DISPLAYED, TRANSMITTED OR OTHERWISE MADE AVAILABLE IN THE PLATFORM.
8. LIMITATION OF LIABILITY
YOU AGREE THAT THE ENTIRE LIABILITY OF ANY JUS-PHARMA ENTITY TO YOU, AND THAT YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY DAMAGES SUFFERED BY YOU THROUGH USE OF THE PLATFORM IS LIMITED TO THE AMOUNT OF TEN DOLLARS ($10.00). NO JUS-PHARMA ENTITY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF A JUS-PHARMA ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE OR JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH IN THIS PARAGRAPH, THE JUS-PHARMA ENTITIES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES OR JURISDICTIONS.
9. DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THESE TERMS AND YOUR USE OF THE PLATFORM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS PROVISION ALSO INCLUDES A WAIVER OF JURY TRIAL.
There may be instances when you have a problem or dispute with respect to the Platform that needs special attention. In those instances, Jus-Pharma is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Jus-Pharma relating to these Terms and your use of the Platform, you acknowledge and agree that you will first give Jus-Pharma an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute by e-mail to info@Jus-Pharma.com. You then agree to negotiate with Jus-Pharma in good faith about your problem or dispute relating to these Terms or your use of the Platform. This should lead to resolution, but if for some reason your problem or dispute relating to these Terms or your use of the Platform is not resolved satisfactorily within sixty (60) days after Jus-Pharma’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any disputes and claims that cannot be resolved informally and that arise out of your use of the Platform and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the Jus-Pharma Entities’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that the Jus-Pharma Entities may seek injunctive or other appropriate relief in court.
Arbitration under these Terms shall be conducted by the American Arbitration Association (“AAA”). The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts and witnesses. You agree that any claim for, or award of attorneys’ fees is waived. An arbitrator may award on an individual basis any relief. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE PLATFORM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN THE EVENT THAT THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN ANY PUTATIVE CLASS ACTION MAY ONLY PROCEED IN A COURT OF COMPETENT JURISDICTION AND NOT IN ARBITRATION.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND JUS-PHARMA BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THESE TERMS BE INSTITUTED MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES UNDER APPLICABLE LAW.
Assistance; Contact: If you have any issues with your use of the Platform, or issues with your requests or purchases made through the Platform that you are unable to resolve directly with the Third Party Vendor, our team will try to assist you where possible. You can contact our team by selecting the “Need help?”, “Help” or similar button in the Platform, or by calling the telephone number shown in the Platform. If you have any other questions, complaints or claims about the Platform, or if you are having any technical difficulties with the Platform, please email us at info@Jus-Pharma.com.
Severability: If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Applicable Law: These Terms and any disputes arising under or related to these Terms will be governed by the laws of the State of New York, without reference to its conflict of law principles.
Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Platform and supersede all prior agreements and understandings with respect to their subject matter.
Waiver: The remedies of Jus-Pharma set forth in these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by us, at any time or from time to time, to enforce any of our rights under these Terms shall not constitute a waiver of such right.
Additional Terms Applicable to App Providers: The following applicable additional terms and conditions are applicable with respect to your use of a third party to access and download the Platform or any subsequent updates thereto, such as Apple, Inc., Amazon.com, Inc., Google, Inc., or any other similar third party “app store” or platform (each an “App Provider”):
You acknowledge that the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to (A) product warranty or liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; (C) claims arising under consumer protection or similar legislation; or (D) claims that the App infringes a third party’s intellectual property rights, such that you will not hold such App Provider responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
In the event of any failure of the App Provider version of the App to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify such App Provider, and such App Provider will refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, such App Provider will have no other warranty obligation whatsoever with respect to the App, and, as between such App Provider and Jus-Pharma, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Jus-Pharma’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit JusPharma’s liability in this regard.
The App Providers are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, the applicable App Provider will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.