Last revision: November 25, 2019
1. Text a Doctor Service
The Service is for informational purposes only; Medical advice, treatment or other healthcare services are not available from JISEKIthrough this service at this point in time. By using the Text a Doctor Service and/or related services you acknowledge that all services are provided “as is” and without warranty or representation of any kind (whether statutory, implied, or otherwise) and that you are using the service for informational/educational purposes only. As such, you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation or medical advice of any kind from the service.
By using the service, you explicitly agree that any personal health information provided by you or generated through your use of the is not considered Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). You further agree not to provide to us any health information and/or other information that you are not authorized to disclose.
3. Changes to Terms.
4. Other Agreements.
5. Eligibility to Use the Services.
6. Services Provided.
The Services provide a platform and mechanism for enabling you to connect and chat with providers of JISEKI Health (“Providers”). JISEKI Health does not participate in the interaction between you and Providers and does not have control over the quality, reliability, timing, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Providers, and does not monitor or control whether any participant, including registered users and/or visitors to the Site or the App, are who they claim to be. JISEKI Health makes no representations about any of these and assumes no responsibility for any of them as more fully set forth below. JISEKI HEALTH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH SERVICES.
7. User Access and Use.
8. User Information.
By providing information to us, you grant JISEKI Health, without any further consent, notice and/or compensation to you or to any third parties, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licenseable and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, the information you provide, directly or indirectly to JISEKI Health, including, without limitation, user-generated content, ideas, concepts, techniques and/or data. Any information you submit to us is at your own risk of loss.
9. Prohibited Uses.
You agree not to use the Services for commercial or public purposes and/or to: a) violate any local, state, national or international law; b) stalk, harass or harm another individual; c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; f) attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means; g) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and/or h) stalk, harass, or harm another individual. You further agree you will not allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations (SPAM).
10. Accuracy of Materials and Other Information.
JISEKI Health does not warrant that any Materials and/or other information, pictures, graphic depictions, descriptions, or other content of the Services are accurate, complete, reliable, updated, current, and/or error-free. JISEKI Health is not responsible, and makes no representations or warranties for the delivery of any messages sent through JISEKI Health to anyone. You agree to notify JISEKI Health immediately if you become aware of any errors or inconsistencies in the information or content provided through the App and to comply with any corrective action taken by JISEKI Health. Further, you will not alter electronic messages, information, or postings received from JISEKI Health.
11. Intellectual Property.
You hereby expressly acknowledge that JISEKI Health or its licensors own all legal right, title and interest in the Services. You agree not to engage in any activity that would constitute copyright infringement with respect to content or services. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent. You may, however, use the Services as they are designed and intended to be used, including those features which may permit you to post content through other third party applications and mediums (such as, but not limited to Facebook,Twitter, Instagram, LinkedIn), so long as those posts do not violate other terms of the agreement.
If you believe any materials accessible on or from JISEKI Health infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us and providing us with information sufficient to enable this removal. Please contact us at: firstname.lastname@example.org.
12. Third Party Sites.
We may provide links to third-party websites. We are not obligated to review any third-party websites that you link to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk, and you must follow the privacy policies and terms and conditions for those third-party websites.
You agree to indemnify and hold harmless JISEKI Health, our owners, subsidiaries, affiliated companies, employees, shareholders, directors, licensors, co-branders, suppliers, and the officers, directors, employees, consultants, and agents of each, and other Registered Users, for all damages, liabilities, fines, penalties, losses, expenses, fees, and costs (including without limitation reasonable attorneys’ fees and costs) related to all claims, causes of action, charges, and investigations, caused by: a) your failure to comply with this Agreement, including without limitation your unauthorized submission of content and/or of that violates third-party rights or applicable laws; b) any content you submit or transmit; c) any activity in which you engage through the Services; and d) any viruses, Trojan horses, worms, or other similar or deleterious programming routines input by you into the Services.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, 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 we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
16. Discontinuation or Modifications to the Services.
We reserve the right, in our sole discretion, to deny or restrict the use of the Services to anyone for any reason. We reserve the right to modify or discontinue the Services, or any portion of the Services, with or without notice to you. We will not be liable to you or any third party should we exercise these rights. If you object to any modification, your sole recourse will be to cease using the Services. Continued use of the Services following a notice of any change will indicate your acknowledgment of such changes and satisfaction with the Services as modified. JISEKI Health has no obligation to store, maintain or provide you a copy of any content that you, other users, or the Providers provide or transmit when using the Services. We also reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is appropriate.
17. Disclaimer Of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JISEKI HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. JISEKI HEALTH MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES JISEKI HEALTH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JISEKI HEALTH OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES ARE NOT INTENDED TO PROVIDE A SUBSTITUTE FOR YOUR OWN SOUND, REASONABLY AND PRUDENT JUDGMENT. PERSONS USING THE SERVICES ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES, MATERIALS AND OTHER INFORMATION PROVIDED AND AGREE THAT JISEKI HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THEIR USE.
18. Limitation Of Liability.
YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL JISEKI HEALTH OR ANY OF OUR OWNERS, SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OR DIRECTORS (“JISEKI HEALTH AFFILIATES”) BE CUMULATIVELY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE AGGREGATE LIABILITY OF JISEKI HEALTH TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO FIVE (5) TIMES THE MOST RECENT FEE THAT YOU PAID FOR A JISEKI HEALTH SERVICE, IF ANY, OR U.S. $50, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.
19. Applicable Law.
YOU AND JISEKI HEALTH AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN SANTA CLARA, CALIFORNIA, AS ADMINISTERED BY JAMS UNDER THE APPLICABLE RULES THEN IN EFFECT EXCEPT AS OTHERWISE AGREED BY THE PARTIES OR AS DESCRIBED BELOW. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT WILL NOT APPLY TO DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND JISEKI HEALTH AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN SANTA CLARA COUNTY, CALIFORNIA, FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT JISEKI HEALTH SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES.
YOU AGREE THAT YOU AND JISEKI HEALTH ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless otherwise agreed, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
22. Entire Agreement.
23. No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any JISEKI Health Affiliate shall be deemed legally binding on any JISEKI Health Affiliate, unless documented in a physical writing hand-signed by a duly appointed officer of JISEKI Health.
24. Assignment and Delegation.
You may not assign or delegate any rights or responsibilities under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and responsibilities under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral notation, effective upon notice to you, JISEKI Health Corporation for any third party that assumes our rights and responsibilities under this Agreement.
26. Contacting Us
10 Rollins Road, Suite 209
Millbrae, California 94030
November 25, 2019