Terms of Use

Introduction

These terms and conditions of use (“Terms of Use”) govern your use of the website located at www.hellojasper.com and its subpages, and any associated websites, mobile sites or applications, products, and software (collectively the “Sites”). The Sites are intended to facilitate providing information and support regarding certain illness and purchasing services and products (collectively, the “Services”). The Sites and the Services are owned and controlled by Jasper Health, Inc. and its subsidiaries, affiliates, successors, and assigns (collectively, “we,” “us,” or “our”). The terms “you” and “your” mean you or any other person using the Sites on your behalf.

Please read these Terms of Use carefully and in their entirety, as these Terms of Use include important information about your legal rights, remedies, and obligations. Feel free to contact us if you have any questions regarding these Terms of Use.

Acceptance of Terms

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Sites and the Services. By using the Sites and the Services, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use and our Privacy Policy. Please note that additional terms and conditions may apply to some of the Services, all of which terms are made a part of these Terms of Use by reference. In the event of a conflict between these Terms of Use and the terms posted to a specific portion of a Site or for any of the Services, the supplemental terms shall control with respect to your use of the specific portion of the Sites or the Services.

Additionally, your ability to use some of the Services may involve other terms and conditions regarding third party products and services. These terms and conditions may apply to you, but in no event shall such terms apply to us.

Your Representations and Warranties

In addition to any other representations and warranties set forth in these Terms of Use, you represent and warrant and agree that:

  • you have the full right and power to enter into and perform these Terms of Use;
  • you will comply with the above acceptable use requirements;
  • you are older than 18 years old, as the Services are only for users of the age of 18 or older.

Privacy Practices

You agree that information provided by you in connection with the Sites and the Services shall be governed by the our Privacy Policy, which is hereby incorporated and made a part of this Agreement. Please read the Privacy Policy to learn how your information will be handled.

Your Account

These Terms of Use will remain in full force and effect for as long as you use the Sites and any of the Services. To use many of the Services, you must first create a user account (“Account”). The terms “you” and “your” as used in these Terms of Use also include any person accessing your Account on your behalf.

You must safeguard your login information that you use to access your Account and you must not disclose this information to anyone. You must notify us promptly of any unauthorized use of your Account or password by emailing us at the contact information listed below.

We may contact you by telephone, mail, text, or email to verify your Account information. We may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Sites and the Services until you provide the information to us as requested.

In the event that your Account is terminated, these Terms of Use will remain, to the extent applicable, in full force and effect.

We reserve the right, in our sole discretion, to terminate your Account, with or without cause, and with or without notice.

Services

We Do Not Provide Clinical Services

We do not engage in the practice of medicine or provide medical advice or care. Clinical services are provided by our affiliate Jasper Health Services Florida, LLC (“Jasper FL LLC”). Any patient care that you receive through our Sites is provided by Jasper FL LLC, not by us.

Information Provided on our Sites

The content of the Sites and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by us. You should always seek the advice of your Jasper FL LLC providers with any questions or concerns you may have regarding your individual needs and any medical conditions.

Not for Emergencies

The Sites and the Services are not intended for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Sites. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a provider or when otherwise needed. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Insurance

Jasper FL LLC may bill Medicare for the Services. By agreeing to use the Services, you acknowledge and agree that you will be responsible for any applicable copays, coinsurance, or deductibles.

Availability of Services

We operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Sites and/or the Services is limited exclusively to users located in states within the United States where the Services are available. Accessing the Sites or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

App Store and Google Play

If You downloaded our app (the “App”) from the Apple App Store or Google Play (the “App Provider”), by agreeing to these Terms, you acknowledge that you understand and agree to the following:

  1. The Terms are only between you and Jasper and not between you and the App Provider. Only Jasper is responsible for the App (not the App Provider)
  2. The App Provider has no obligation to furnish any maintenance or support services with respect to the App.
  3. In the event of any failure of the App to conform to any applicable warranty: (i) You may notify the App Provider and the App Provider will refund the purchase price for the App to you (if applicable); (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
  4. 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: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim; and
  6. The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as it relates to your license of the App. This means that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you.

Apple users only: If you downloaded the App from the App Store, the license granted to you in these Terms is non-transferable and is for use of the App on any Apple products that you own or control.

User Information

In your use of the Sites or the Services, you may submit, upload, post, or transmit to us content, including without limitation text, photos, audio, code, instructions, requests, ideas, suggestions, comments, forms and agreements, files, videos, images, and other materials (collectively, “User Information”).

You agree not to provide any User Information that:

  • contains sexually explicit content that is pornographic, obscene, harmful to minors, or constitute violations of child pornography or child sexual exploitation laws;
  • denigrates any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise;
  • harasses any individual or group;
  • exploits images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s));
  • makes use of offensive language or images;
  • promotes physical harm of any kind against any individual or group or characterizes violence as acceptable, glamorous, or desirable;
  • provides instructional information about illegal activities;
  • contains or transmits any virus or any other programming routines that may detrimentally interfere with computer systems or data;
  • contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account or other financial information, driver’s license numbers, security codes or passwords;
  • contains private or sensitive information about any other individual, such as information about that person’s sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, physical or mental health conditions, or other sensitive matters, without first obtaining that person’s express permission; or
  • contains the image, name, or likeness of anyone other than yourself, unless you have first obtained that individual’s express permission.
  • You agree not to contact other users of the Sites through unsolicited e-mail, telephone calls, mailings, or any other method of communication.

You understand and agree that any User Information you provide through the Sites or the Services, whether by direct entry, submission, phone, text, chat, email or otherwise, including, but not limited to, data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary. By submitting, posting, or displaying User Information, you give us and our sub-licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Information that you submit, post, or display on or through the Sites or the Services, to the extent permitted by applicable privacy laws.

Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. We shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via the Sites or the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

You represent and warrant that you have the right to provide all User Information as set forth herein. If you violate the restrictions set forth in this User Information section or under “Your Restrictions” below, we have the right to immediately remove your User Information from the Sites.

We do not and shall not have any obligation to review User Information, and therefore we do not guarantee the accuracy, integrity or quality of User Information and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Information will not appear on our Sites or in our Services. We do, however, reserve the right to review any or all User Information in our sole discretion. In addition, we reserve the right to alter, edit or remove any User Information, in whole or in part, at our sole discretion.

You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the User Information posted by others except as expressly set forth in these Terms of Use.

User Information posted on our Sites by any person, regardless of that person’s affiliation or non-affiliation with us, reflect only the opinions of the person posting the User Information.

Your Restrictions

You may not:

  • use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Sites, deep-link to any feature or content on the Sites, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Sites;
  • use any content or information available on the Sites or through the Services for any unauthorized purpose;
  • interfere with or damage the Sites or servers or networks connected to the Sites or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology;
  • upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
  • upload, post, e-mail, or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  • impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;
  • attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Sites;
  • harvest or collect Personal Data (as defined in the Privacy Policy) about any other individual who uses the Sites or the Services;
  • infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties; and
  • assist any third party in engaging in any activity prohibited by these Terms of Use.

In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of your information or related materials from the Sites.

Your Representations and Warranties

In addition to any other representations and warranties set forth in these Terms of Use, you represent and warrant and agree that:

  • you have the full right and power to enter into and perform these Terms of Use;
  • you will comply with the above acceptable use requirements;
  • you are older than 18 years old, as the Services are only for users of the age of 18 or older.

Individual Pages

When you use our Services, you may be creating and maintaining, on behalf of yourself or another person, an individual site or individual pages (collectively referred to as “Individual Pages”). In order to create an Individual Page on behalf of someone else, you need to have their express permission. If they are not able to provide permission due to their age (e.g., minor child) or circumstances (e.g., illness), you must be authorized to act on behalf of the person for whom the Individual Page is created or have the permission of a person authorized to act on that person’s behalf. Access to each Individual Page is controlled by the privacy settings selected by the creator of the Individual Page.

We may, without prior notice, deactivate or delete your Individual Page. Cause for deactivation includes without limitation: (a) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by the subject of an Individual Page or a person authorized to represent that person, (d) discontinuance or material modification to the Individual Page (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Further, you agree that all terminations for cause will be made our sole discretion and that we will not be liable to you or any third-party for deactivation of an Individual Page.

We recommend that, from time to time, you take steps to preserve your Individual Page so that you will have an archival copy.

When you use the Sites or Services, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

By providing us with your phone number, you are agreeing to be contacted by us at the number you have provided, including calls and text messages, to receive informational, Services related and marketing communications relating to the Sites and the Services. You can opt-out of receiving further calls and text messages by contacting us at the Contact Information set forth below. Please note that by withdrawing your consent, some Site features and certain Services may no longer be available to you.

Jasper Health SMS Short Code Terms of Service

  1. When you opt-in to the service upon sign up for Jasper, you will receive a text to confirm your sign up. This service is offered to send you notifications for services, features, and time-set reminders based on your specific account settings from “Jasper Reminders”. Additionally, you can choose to receive marketing and product feature updates from “Jasper”.
  2. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
  3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].
  4. Carriers are not liable for delayed or undelivered messages.
  5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
  6. If you have any questions regarding privacy, please read our privacy policy: https://www.hellojasper.com/privacy-policy.

Copyrights, trademark rights, database rights, design rights, and any and all other intellectual property and other rights relating to the Sites, the Services, and any information or documents offered by us and/or the Sites existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, sound, illustrations, animations, databases, logos, domain names, trade names and trade identities (collectively, the “Materials”), are our property. All elements of the Sites, including without limitation the general design and the Materials, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Sites, the Services, and the Materials may only be used for the intended purpose for which they are being made available.

Images of people or places displayed on the Sites are either our property or used with permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Sites. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

A single copy of the Materials may be downloaded or otherwise copied from the Sites for non-commercial personal use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission, or distribution of any part of the Materials in any way is prohibited. Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Except as authorized under copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available through the Sites. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights. We neither warrant nor represent that your use of the Materials will not infringe the rights of third parties not owned by or affiliated with us.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that content appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content posted on the Sites infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the content be removed, or access to it blocked. The notice must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  • Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works);
  • Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Sites;
  • Your name, address, telephone number, and email address (if available);
  • A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent to the contact information listed below. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

Accuracy of Information and Functionality

We make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Sites, the Services descriptions, the Materials, and other content on the Sites. It is possible that the Sites could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Sites by third parties. Materials contained on the Sites may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Sites from any third party not affiliated with us. We may at our discretion withdraw, suspend, or discontinue any functionality or feature of the Sites or the Services, among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Sites in accordance with our internal record retention and/or destruction policies.

The Sites may allow connectivity (e.g., via links or references) through websites, platforms, and applications maintained by third parties such as Facebook and Twitter over whom we have no control. Any content you provide through those third party websites are subject to terms and conditions of those websites. Inclusion of any link to such third party websites does not imply an endorsement or recommendation by us. We make no representations or warranties of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. If you decide to access any of the third party websites linked to the Sites, you do so entirely at your own risk.

Texting Terms of Use

This Texting Terms of Use applies when you give prior express consent to get text messages from us. Text messaging may include texts related to the following programs:

  • Healthcare reminders. Messages may include reminders such as preventive health screenings, flu shots, mammograms, colonoscopy, etc. Message frequency may vary.
  • Benefit and plan information. Messages may include information about services covered under your plan, cost sharing, finding a network provider, alerts when a provider you have an appointment with is not in the network. Message frequency may vary.
  • Optum Pharmacy Home Delivery. Messages may include reminders when your medication needs to be refilled or is ready to be sent. Message frequency may vary.
  • Pharmacy plan information. Messages may include important information about your pharmacy plan or authorization. Message frequency may vary.
  • Medication reminders. Specific or general reminders when it’s time to take your medication. Message frequency may vary.
  • Claims, billing and payment. Messages may include notifications that a claim has been received or processed, or a premium is due. Message frequency may vary.
  • Program and services. Messages may include information about programs that are available to you such as; diabetes, heart conditions, cancer care, wellness, weight management, quit smoking, etc. Message frequency may vary.
  • Appointment scheduling and reminders. Messages may include confirmations, reminders or cancellations. Message frequency may vary.

We both agree that the only way to end text messages for a specific texting program is to reply STOP. You understand and approve that replying STOP to one texting program will not opt you out of all programs that you are enrolled in. You must reply STOP to each texting program that you no longer want to be a part of.

In all programs, you may text HELP for help. Text messages may be sent to your mobile number using an automatic dialing system. Message and Data rates may apply. Text messaging may not be available from all carriers.

IF YOU NO LONGER WANT TEXT MESSAGES FROM US, YOU MUST REPLY STOP TO EACH TEXTING PROGRAM YOU ENROLLED IN.

After you send “STOP” to us, we may send you a message to make sure that you no longer want to get text messages from that program. After this, you will no longer get text messages from us from that texting program. If you want to join again, just sign up as you did the first time and we will start sending text messages to you for the programs you have signed up for.

We do not guarantee the successful delivery of text messages by your wireless provider. Messages sent by text may not be delivered if the mobile device is not in range of a transmission site, or if the network is down. Factors beyond the power of wireless carriers may get in the way of message delivery. This may include the terrain, how close you are to buildings, foliage, weather, and your equipment. We and your wireless provider will not be liable for losses or damages that come from:

  • a message not delivered, a message delivered late, or
  • a message that goes to the wrong number; or
  • inaccurate or incomplete content in a text message.

We are not liable for your use or reliance on the content of any text message.

We can deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

These Texting Terms of Use are governed by Minnesota law, without reference to its rules regarding choice of law.

Privacy & security

Please update us right away if your mobile number changes. It is your responsibility to give a correct mobile number and to update any changes.

We recommend you use a password to open your mobile device. Text messages may include protected health information (PHI). Since text messaging is unencrypted, there is a risk that this PHI could be intercepted or viewed by third parties, including others who look at your device. When you choose to get text messages from us, you do so at your own risk. The use and disclosure of PHI in text messaging may be governed by other privacy notices, including applicable HIPAA Notice of Privacy Practices.

Questions about the Texting Terms of Use

What type of text messages will I get? Text messages may include one-time or recurring texts. These messages may include information about your benefits, programs, products, services, or tools.

Can I choose the type of text messages I get? Yes. You can choose the type of text messages you want.

How often will you send texts and how many will I get? When you choose a recurring text program, we will let you know how often we will send a text and the number of texts you will get.

I want to stop receiving text messages, what do I do? To stop receiving text messages for a specific program, reply STOP to the text. If you no longer want any text messages, you must reply STOP to each program you want to end. If I reply STOP for one texting program, can I stay in another program? Yes. When you reply STOP to one texting program, you will still get text messages from your other programs.

What if my mobile number changes? Please update us right away if your mobile number changes. It is your responsibility to give a correct mobile number and to update any changes.

What is a personalized text message? A personalized text message may help you take care of your health. These messages may include doctor’s appointment reminders, educational information or suggestions to help you lower your costs or improve your health. These messages are unique to you and may show medical or mental health conditions, such as pregnancy. When you choose personalized messages, the text messages may be seen by someone else who can get into your phone. We suggest that you use a password.

I signed up for text messages, but I did not get one. Why not? Text messaging may not be available from all wireless providers. You may not get a message if your wireless network is down or you are not within a service range. We are not responsible for losses or damages because a text is not delivered, or it is delayed.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SITES OR THE SERVICES IS AT YOUR SOLE RISK. THE SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (2) WE MAKE NO WARRANTY THAT (a) THE SITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES OR THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SITES WILL BE CORRECTED; (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL; (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITES OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS; AND (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. SPECIFICALLY, WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF ELECTRONIC OR TELECOMMUNICATION SERVICES AND ACCESS TO THE ELECTRONIC OR TELECOMMUNICATION SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE ELECTRONIC OR TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE ELECTRONIC OR TELECOMMUNICATION SERVICES. WE DO NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN OR USE OF THE SERVICES. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

Limitation of Liability Regarding Use of the Sites

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION OR PRODUCTS OR SERVICES YOU RECEIVE IN, THROUGH, OR FROM THE SITES OR THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (e) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR WITH RESPECT TO THE SERVICES.

No Third Party Rights

Unless expressly stated in these Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you and your respective affiliates, successors and assigns and us and our respective affiliates, successors, and assigns. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you and your respective affiliates, successors and assigns and us and our respective affiliates, successors, and assigns, nor shall any provision give any third parties any right of subrogation or action over against you and your respective affiliates, successors and assigns and us and our respective affiliates, successors, and assigns.

Assignment

You may not assign, transfer, or delegate these Terms of Use or any part thereof without our prior written consent. We may freely transfer, assign, or delegate all or any part of these Terms of Use, and any rights or duties hereunder or thereunder. These Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assigns of the parties.

Dispute Resolution; Arbitration

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Idaho excluding its conflict of law rules.

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with its commercial arbitration rules and any supplementary rules and procedures for consumer related disputes by a sole arbitrator.

The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the JAMS in accordance with its commercial arbitration rules. The place, or legal seat of arbitration, shall be Idaho, and the language of the arbitration shall be English.

You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees.

The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.

Indemnification

You agree to defend, indemnify, and hold us, and our affiliates, harmless from and against any and all rights, demands, losses, liabilities, judgments, fines, interest, penalties, damages, claims, expenses, causes of action, actions, suits (no matter whether at law or equity), fees, and costs, (including, without limitation, attorneys’ fees and fees of other professional advisors) arising directly or indirectly out of or in connection with: (a) your use or misuse of the Sites, the Services, the Materials, or any information posted on the Sites; (b) your breach of these Terms of Use or the Privacy Policy; (c) the content or subject matter of any information (including without limitation User Information) you provide to us; (d) any negligent or wrongful act or omission by you in your use or misuse of the Sites, the Services, the Materials, or any information on the Sites, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct; and/or (e) your failure to comply with any applicable laws or regulations.

Termination, Modification, and Other General Terms

We reserve the right, in our sole discretion, to terminate your access to all or part of the Sites, with or without cause, and with or without notice. Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature of the Sites or the Services are incorporated by this reference into these Terms of Use.

We reserve the right to modify these Terms of Use from time to time in our sole discretion, effective upon posting. In the event of such changes, we will post the changes on the Sites and/or notify you via email. Any use of the Sites or the Services after such changes will be deemed an acceptance of those changes. You should periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.

These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof. In its sole discretion, certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Sites.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Your use of the Sites or the Services is independent of us and not as our employee, agent, partner, or joint-venturer for any purpose. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Contact Us

Name: Jasper Health, Inc.
Address: 950 W Bannock Street, Suite 1100, Box 9160, Boise, ID 83702
Telephone: +1 929-552-3904
Email: [email protected]

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