Last Revised September 2, 2010
A. Purpose. The Site is intended to be, and shall be used for lawful purposes only. The purpose of the Site is for Subscriber’s Providers to access and use the interactive healthcare telecommunications network at the Site in order to communicate with Members. “Subscribers” are defined as those primary care providers who have entered into a subscription agreement to use certain features and functions at the Site; and “Providers” are those persons that a Subscriber and Jambodoc permit to use the Subscription’s subscription in order to communicate with Members. “Members” are defined as patients and health care recipients who have registered to the Site.
B. Not intended for Emergency Use. The Site is expressly not intended for use or treatment in cases of emergency. YOU AGREE NOT TO USE THIS SITE AS THE PRIMARY MEANS TO SEEK EMERGENCY CARE. You FURTHER agree to cease use of the Site and seek immediate medical care directly from the appropriate provider, physician, hospital, or emergency care facility if the issue for which advice is sought develops into an emergency. YOU ARE FURTHER ADVISED TO CALL 911 IN THE EVENT OF A MEDICAL EMERGENCY.
C. Children. The Site is intended for the use of adults 18 years or older. Children between the ages of 13 and 17 may use the Site as long as written or electronic permission has been provided to Jambodoc by the child’s parent or legal guardian, and all communications with any such children between the ages of 13 and 17 shall include the child’s parent or legal guardian who shall be copies on all such communications. All children under the age of 13 are requested to refrain from using this Site or from providing personally identifying information through this Site.
For the purposes set forth above, Jambodoc grants you a limited personal, non-exclusive, non-assignable and non-transferable license to use, and display the contents of the Site for your personal, non-commercial use consistent with the purposes expressly identified on the Site only. You must retain intact all copyright, trademark, proprietary and other notices in these permitted activities. Unauthorized use, copying or duplication of the content, distribution, transmission, preparation of derivative works, reuse, reproduction, publishing, license, sublicensing, transfer, sale, rental, translation or other use without express permission of Jambodoc, of any contents or services on the Site, including but not limited to text, graphics, sounds, images, logos, button icons, study materials and software that has been modified, merged and/or included on the Site and/or any compilation thereof (the “Content”) in any manner without the express prior written permission of Jambodoc is expressly forbidden, and you so agree. You acknowledge that you may not sublicense, transfer, sell, rent or assign this license or the services received through this Site. Any attempt to sublicense, transfer, sell, rent or assign this license is null and void.
The Content on the Site, including but not limited to the letters and service marks, the Jambodoc logo and trade name, other Jambodoc logos and titles, and registered and unregistered trademarks (“trademark” as used herein includes service marks), is protected under United States copyright, trademark and/or other laws, and the property of Jambodoc, and certain content is property of each Subscriber and its Provider(s) or others who have authorized its use. Unauthorized use of Content may violate applicable copyright, trademark, intellectual property, and other laws (some of which provide criminal remedies). You may not sell or modify the Content or reproduce, display, distribute, or otherwise use the Content in any way for any public or commercial purpose, including but not restricted to the adaptation of the HTML code that Jambodoc creates to generate its pages. You shall not display, disparage, dilute, or taint our trademarks or use any confusingly similar marks or names, or use our marks in such a way that would misrepresent who the proper owner of such mark is.
All Content is provided “AS-IS.” You use the Site and all Content at your risk. It may contain inaccuracies, errors or information that is incorrect. Jambodoc also makes no representations about, or warranty of the accuracy, reliability, completeness, or timeliness of this Site or the Content, or any use of the Site or Content or respecting any Content or other things or hosted applications or programs provided or made available on the Site. Jambodoc is not responsible for any information contained in a message, communication, or transmission by and between visitors, Members, Subscribers, or Providers. Changes are periodically made to the Site by Jambodoc.
No Illegal Use of the Site. Neither users of nor visitors to the Site may use the Site to transmit, distribute, store or destroy Content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
No Interference with Security. Visitors are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such visitor or logging into a server or account that the visitor is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any visitor, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. Any occurrences that may involve such violations are subject to investigation by Jambodoc and law enforcement authorities in prosecuting visitors who are involved in such violations.
Specific Prohibited Uses. Jambodoc specifically prohibits any use of the Site for, and you agree not to use the Site for, any of the following:
Patients and health care recipients of Providers are eligible to register account(s) at the Site to become Members in order to communicate with each Provider, and any other individual authorized by the Member.
You will create a password during the registration process for each account. You are responsible for maintaining the confidentiality of the password, and you are fully responsible for all activities that occur under the auspices of your registered account(s). You promise to (a) immediately notify us of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
Each Member shall pay a monthly re-curing fee determined at the time of registration to use the Site. Each Member may cancel his or her account either on the billing section of the Site or by sending an email to email@example.com. No refunds shall be issued for any charges to a Member’s credit card or bank account, unless such charges were made as a result of an error of Jambodoc. In the event that Jambodoc is unable to collect the monthly fees from a Member to use the Site, Jambodoc shall notify the Member and reserves the right to suspend the Member’s account until such time as all past due payments are made in full.
Member understands and acknowledges that the services provided to Member by Jambodoc pursuant to Member’s use of the Site are not covered by health insurance and not bundled into any covered service. Member will not attempt to receive or accept any reimbursement from his/her health insurance company for use of the Site
Responsible Posting and Submissions. You are responsible for your own communications on the Site and you are responsible for the consequences of their posting or submission. You must not, and by using this Site you agree not to, do the following things:
Release from Registered Visitor-to-Visitor Dealings. Because visitor authentication on the Internet is difficult, Jambodoc cannot and does not confirm that each person is who they claim to be or that their Personal Information is truthful or complete. Jambodoc facilitates an exchange of information you authorize between certain types of visitors (for example, physicians, nutritionists, and nurses). You utilize this Site and take any action concerning the transmission of your Personal Information as your voluntary action for which you are exclusively responsible. There is always a certain risk when transmitting such information over the world wide web, and you assume such risk by submitting information to this Site and by making or authorizing transmission to others. It is the responsibility of each visitor to take the precautions that visitor deems suitable to assure the identity of any other visitor or entity with whom he, she or it deals and to assure the accuracy of information provided by other visitor or entity on which he, she or it intends to rely. Because we do not and cannot be involved in visitor-to-visitor dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more visitors, you agree to the fullest extent permitted by applicable law to forever release Jambodoc (and our agents, employees, officers, directors, members and managers) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive, to the fullest extent permitted by applicable law, 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” We are under no legal obligation to, and generally do not, control the information provided by other visitors or entities which is made available through the Site. By its very nature, other people’s information may be offensive, harmful, inaccurate, or incorrect, and in some cases may be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Site and any information on this Site.
You agree that use of this Site is entirely at your own risk. This Site and the services provided therein are provided “as is,” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted or error free access, or products provided through or in connection with the service, including without limitation our software or services licensed to you and the results obtained through the service (unless such warranties are legally incapable of exclusion).
Specifically, we disclaim any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay, inoperability or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
Neither we nor any of our agents, Affiliates, other affiliated persons or entities, co-branders, partners or content providers shall be liable for any direct (IN EXCESS OF THE LIMITATION OF LIABILITY HEREINAFTER PROVIDED), indirect or incidental damages, lost profits or data, or special or consequential damages arising out of use of the Site or inability to gain access to or use the Site, whether based on breach of warranty, contract, tort, strict liability, or any other legal theory, and whether or not Jambodoc is advised of the possibility of such damages. Some States do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation or exclusion may not apply to you. In no event shall Jambodoc’s total liability to you for all damages, losses, or causes of action exceed the amount, if any, that you paid to Jambodoc over the twelve months preceding the claim of Liability, or Fifty Dollars, whichever is greater.
You hereby also acknowledge that the provisions of this section shall apply to all Content and services on the Site.
The Site provides, or may from time to time provide, links to third party World Wide Web Sites. Because we have no control over such third party Web sites, you acknowledge and agree that Jambodoc is not responsible for the availability, content, acts or omissions of such external sites or resources or their owners, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Web sites or resources. You further acknowledge and agree that Jambodoc is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such Web site.
Additionally, you may terminate your account at the Site at any time by written notification to us.
Termination shall not affect your obligations to us in accordance with this Agreement and the Site terms and pricing for all activities occurring prior to termination
You agree, to the fullest extent permitted by applicable law, to forever hold harmless, defend and indemnify Jambodoc, its members, managers, other affiliated persons or entities, employees, contractors, officers, directors, co-branders, partners, agents and other content providers (“Indemnified Parties”) from and against any and all loss, cost, claims, liabilities, damages, disputes and expenses, including reasonable attorney’s fees and court costs, related to (i) your violation of any of the terms of this Agreement or any information, software, files, messages or other content placed on this Site by you, (ii) your use of and access to the Site, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or (iv) any claim that your content, communications, or submissions caused damage to or infringes the intellectual property or privacy or other rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide defense to us in that matter, but shall remain responsible to reimburse Jambodoc and each Indemnified Party for its defense expenses. This section shall survive the termination or cancellation of this Agreement or any termination or suspension of your use of or access to all or any aspect of the Site.
If you are located outside of the United States, you are notified and aware that the personal data you provide to us is anticipated to be transferred to the United States. Whenever you submit any personal data to us, you consent to this transfer and all related transfers (e.g. to state registration boards, etc. as envisaged in this Agreement and the Site), and you promise and agree not to make any transfer (including without limitation, transfers to us) except as permitted by applicable law. We make no representation that the Site, Content or services provided on the Site are appropriate or available for use in locations outside the United States. Access to this Site from jurisdictions where the Site, Content, services or envisioned communications or content of the communications, are or may be illegal, is prohibited. If you are an international visitor (a) you are responsible for compliance with all local laws, (b) you represent and warrant that you are authorized to release to us the information contemplated in this Agreement, and (c) you forever release Jambodoc (and the Indemnified Parties) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any violation of such local laws, and whether or not you may have made us aware of any such matters.
You agree to the fullest extent permitted by applicable law that any dispute between you and us will be governed by the laws of the United States of America and the State of South Carolina, without regard to conflict of laws principles, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of South Carolina.
If you are located outside of the United States of America, you agree that to the extent permitted by the applicable governing law, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the State or federal courts of Charleston County, South Carolina, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.
Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.
If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will, to the extent permitted by applicable law, be deemed replaced with a comparable provision that most closely reflects the original intent of the parties.
We reserve the right to terminate the Site and this Agreement or your access or use of the Site at any time without notice for any reason, including, in the case of this Agreement, for your violation of any of its provisions. The provisions of this Agreement, which by their nature extend beyond the termination of the Agreement, will survive termination of the Agreement or termination of your use or access to all or any portion of the Site.