Last Updated: 29 April, 2013
Please read these terms of service (these "Terms") carefully as they form a contract between you and Nephosity, Inc. and its corporate division Jack Imaging (collectively, "Jack") that governs your access and use of: (i) the website and services provided by Jack for online storage, sharing and processing of files, materials, data, text, audio, video, images or other content (collectively, "Content"); (ii) software applications (also referred to as apps) provided or made available by Jack for download and installation onto your computer, smartphone, or device (the "Software"); and (iii) any written or electronic use or features guides or other documentation provided or made available by Jack (the "User Guides") (collectively the "Service(s)"). In these Terms, the words "we", "us", and "our" refer to Jack.
Our website and other Services allow users to communicate with physicians, read medical information, and access online medical advice from physicians. Jack and its Services do not provide medical diagnosis, treatment, or prescription of any kind. All information provided on our website and through our services including real-time video or email communications between consumers and professionals utilizing our website and other Services is intended to be for general informational purposes only, and is in no way intended to create a physician-patient relationship as defined by state or federal law. Neither the Services nor your electronic communications with healthcare professionals is an adequate substitute for professional medical diagnosis or treatment. You should not rely on medical or other healthcare information communicated to you through the Services, especially since technical failures could corrupt or curtail such information. Your use of such medical and other healthcare information is at your sole risk.
If you think you have a medical emergency, call your doctor or dial 911.
- ACCEPTANCE BY A BUSINESS. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to Jack that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Service. Nevertheless, each individual that uses the Service or accepts these Terms on behalf of an organization agrees that the permissions given to Jack under these Terms, and the restrictions and limitations to the rights of persons and entities using the Services, apply to each such individual. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with Jack and are not barred under any applicable laws from doing so.
- WHEN UPDATES TO TERMS APPLY TO YOU. We will notify you of updates to these Terms by posting the revised Terms on our website, and either notifying you when you sign into your account, by email sent to the email address you provided in your account information, or an electronic message or notice that you may view once you sign into your account. It is your responsibility to provide and update your external email address, check for such notices, and make sure our notices have not been trapped by your spam filter. It is your responsibility to periodically revisit these Terms as posted on our website. Revised Terms will become effective when you view them on our website, or when we send any notification described above, whichever occurs first. Your continued use of any of the Services or failure to cancel your account thereafter will indicate your acceptance of the revised Terms.
- ACCOUNT REGISTRATION. To obtain access to certain Services, you may be required to obtain an account with Jack (become a "Registered User") by completing a registration form and designating a user ID and password. When registering with Jack you must: (a) provide true, accurate, current and complete information about yourself as requested by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- PROVIDER ACCOUNTS AND TERMS. You may not offer or hold yourself out to offer any services to Jack account holders or connect a Program to the Services unless you first register as a Provider Account (which you may do at our site) and agree to our Provider Services Agreement which can be found here. Once you do so, the terms of the Jack Provider Services Agreement will apply to you in addition to these Terms.
- ACCOUNT RESPONSIBILITIES. You may use the Service, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws and regulations. Only you may use your Jack account. You must keep your account ID, passwords any other account credentials confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use. You must contact Customer Support right away if you suspect misuse of your account or any security breach in the service. You are responsible for all activity that takes place with your service account whether or not authorized by you.
- CO-CUSTODIAN. If there is a co-custodian of records in your account (because one of you invited the other), you acknowledge that the co-custodian has full control over those records and may cancel your access to the records, manage other peoples' access to the records, and view the records' data. If you are a co-custodian, you agree to use your access any control of the account holder's records only for the benefit of the account holder, and not i conflict with any instructions from the account holder. Jack will not be liable for any loss or damage arising from any unauthorized use of your accounts.
- UNAUTHORIZED USE OR ACCESS. You must immediately notify Jack in writing of any unauthorized use of any (a) Content (b) any account or (c) the Service that comes to your attention. In the event of any such unauthorized use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use. You will provide Jack with such cooperation and assistance related to any such unauthorized use as Jack may reasonably request. These Term s do not grant to you any license or permission to copy, distribute, modify or otherwise use any application programming interface, notwithstanding any provision to the contrary.
- CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION. By registering with Jack, you understand that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding Jack's products and services sent by emails that you may discontinue by following the opt-out instructions provided in the message.
- Except for material that we license to you, we don't claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don't control, verify, or endorse the Content that you and others make available on the Service.
- We provide functions that allow you to control who may access your Content. If you enable the features that allow you to share the Content with others, anyone you've shared Content with (including the general public, in certain circumstances) may have access to your Content.
- You hereby grant Jack and its contractors the right, to use, modify, adapt, reproduce, distribute, transmit, display and disclose Content posted on the Service solely to the extent necessary to provide the Service or as otherwise permitted by these Terms.
- You represent and warrant that: (a) you have all the rights in the Content necessary for you to use the Service and to grant the rights in these Terms; and (b) the storage, use, display, reproduction, distribution, modification, adaptation or transmission of the Content doesn't violate any law or these Terms.
- You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person's rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of the Content, which may include, your use of additional encryption technology to protect the Content from unauthorized access. Jack will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.
- CONTENT STORED IN THE UNITED STATES. The Service is provided from the United States. By using and accessing the Service, you understand and consent to the storage and processing of the Content and any other personal information in the United States. Jack reserves the right to store and process personal information outside of the United States, and will use commercially reasonable efforts to provide you with at least 30 days notice of any such changes in the country in which you personal information is processed.
- SUSPENSION AND TERMINATION. We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for:
If, in Jack's determination, the suspension might be indefinite or Jack has elected to terminate your access to the Service, Jack will use commercially reasonable efforts to notify you through the Service. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Content that is stored with the Service.
- the actual or suspected violation of these Terms;
- the use of the Services in a manner that may cause Jack to have legal liability or disrupt others' use of the Services;
- the suspicion or detection of any malicious code, virus or other harmful code by you or in your account;
- scheduled downtime and recurring downtime;
- use of excessive storage capacity or bandwidth; or
- unplanned technical problems and outages.
- In addition to other termination provisions, if your account it not currently subject to a paid subscription plan with us, we at our discretion may terminate your account if: (a) you do not engage in any activity in your account within thirty (30) days after becoming a Registered User, or (b) you do not engage in any activity in your account for any period of one-hundred and twenty (120) consecutive days. In the event of such termination, any Content you may have stored will be lost.
- ACCEPTABLE USE. You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or Jack or to build a similar service or website. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by Jack) to access or use the Service.
- In addition, you promise that you will not and will not encourage or assist any third party to:
- modify, alter, tamper with, repair or otherwise create derivative works of any Software;
- reverse engineer, disassemble or decompile the software used to provide or access the Service, including the Software, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;
- sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
- remove, obscure or alter any proprietary rights notice pertaining to the Service;
- access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits;
- use the Service in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Service could lead to death, personal injury, or physical property or environmental damage;
- use the Service to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) advertise or promote a commercial product or service that is not available through Jack unless your account is subject to a separate contract governing that relationship and your compensation to Box; (iv) store or transmit inappropriate Content, such as Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) that violates the intellectual property rights or rights to the publicity or privacy of others; (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;
- interfere with or disrupt servers or networks used by Jack to provide the Service or used by other users' to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of any Software or the Service;
- access or attempt to access Jack's other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
- cause, in Jack's sole discretion, inordinate burden on the Service or Jack's system resources or capacity; or
- share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Service.
- Jack reserves the right, in its sole discretion, to deactivate, change or require you to change your Jack user ID, passwords, and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services for any reason or for no reason. Jack may exercise such right at any time, with or without prior notice. We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any Content.
- We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these Terms. The technology or other means we use may hinder or break your use of the Service.
- UPDATES TO THE SERVICE. Jack reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
- APP LICENSE. Our online services utilize one or more Apps, to which this license applies. "App" means (a) one or more device-based software applications (commonly referred to as an app), such as those available from the iTunes app store, used on mobile devices; or (b) any other software; as provided by Jack or made available by Jack generally for download and installation onto your computer, smartphone, or device.
Jack grants you a non-transferable, personal, non-exclusive license to use the app provided to you by Jack. This license is conditioned upon and restricted by the terms, conditions and restrictions in this Agreement. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the App, or any part thereof, except (and solely) to the extent permitted by applicable law. You may not assign (or grant a sub-license of) your rights to use the App, grant an interest in or over your rights to use the App, or otherwise transfer any part of your rights under this Agreement. This license is conditioned on your payment of the Fee for the App, if any. The license granted in this Section applies only to the App and does not apply to any other Services, nor does it give you any rights to any other Service.
- We may automatically check your version of the Software. We may also automatically download to your computer or device new versions of the Software.
- Any Software is licensed, not sold. Unless we notify you otherwise, the Software license ends when your Service ends. You must then promptly uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software.
- The Software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the Software or Service without U.S. government permission to anyone on U.S. government exclusion lists (see the Commerce Department's compliance list at http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm). You represent and warrant that you're not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above.
- THIRD PARTY SERVICES AND CONTENT. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole; you acknowledge that we are not responsible for such content or services. We may also provide some content to you as part of the Services. However, Jack is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. Jack shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
- JACK PROPRIETARY RIGHTS. As between Jack and you, Jack or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Jack. In the event that you provide comments, suggestions and recommendations to Jack with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, "Feedback"), You hereby grant to Jack a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Service.
- NO WARRANTY. JACK PROVIDES THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JACK MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- INDEMNIFICATION. You agree to indemnify, defend and hold Jack and its subsidiaries, affiliates, officers, agents, employees, partners, suppliers, and licensors harmless from any claim, action, investigation or demand (each, a "Claim"), including all costs, judgments, damages, loss, liability, expenses, and reasonable attorneys' fees, arising out of or relating to: (a) Content you submit, post, transmit or otherwise make available through the Services, and any Content you receive through the Services; (b) use of the Services by you, on your behalf, or under your account; (c) your breach of the Terms, including your representations and warranties; (d) your violation of any third party rights. We may require that our own counsel defend us. You will not settle any Claim without our approval if the settlement would require us to take or refrain from taking any action.
- LIMITATION OF LIABILITY.
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL JACK, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF JACK HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OTHER THAN THE EXCLUSION SET FORTH IN SECTION 20.4 BELOW, JACK'S LIABILITY TO YOU ARISING FROM OR RELATING TO THE SERVICES FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $50 OR AMOUNT PAID, IF ANY, BY YOU TO JACK FOR THE SERVICES IN THE SIX MONTHS BEFORE YOUR CLAIM AROSE.
- THESE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
- EXCLUSIONS. To the extent that you reside in a jurisdiction where applicable law does not permit Jack to enforce certain of the limitations and waivers in Section 18 and this Section 20 (for example, the exclusion of consequential damages) against you as a party, such limitations or waivers do not apply to you.
- ARBITRATION. YOU AND JACK AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS SHALL BE DETERMINED BY BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION. You agree that you a nd Jack are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of other terms or the termination of your Jack membership.
- Notice. The party seeking arbitration must notify the other as follows. If you elect to seek arbitration, you must first send to Jack, by certified mail, a written Notice of your claim ("Notice"). The Notice to Jack should be addressed to:
ADDRESS GOES HERE
If Jack elects to seek arbitration, it will send, by certified mail, a written Notice to the address in your Registration Data, or if you have not provided your address, then to the email address we have for your account. A Notice, whether sent by you or by Jack, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The arbitrator shall not have the power to award damages that are limited or waived by these Terms (such as punitive damages, treble damages, or any other damages which are not compensatory), to the extent such limitation or waiver is permitted under applicable law. The arbitration proceedings and decision of the arbitrator shall be kept confidential (and may not be disclosed) by the parties or the arbitrator, except to the extent necessary to compel any award made by the arbitrator.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The arbitrator shall be bound by these Terms. Unless Jack and you agree otherwise, any arbitration hearings will take place in San Francisco, California. However, if you reside outside of the United States of America, you will afford Jack the opportunity to elect to make the arbitration convenient by either: (a) being conducted solely on the basis of documents submitted to the arbitrator, with the parties participating through a telephonic hearing; or (b) arbitrating in your country of residence at a location reasonably convenient to you and Jack.
- YOU AND JACK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Jack agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
- CHOICE OF FORUM IN LIEU OF ARBITRATION. IF THE PROVISIONS I SECTION 21.3 ARE UNENFORCEABLE, THEN SECTION 21 WILL BE DEEMED VOID AND WITHOUT AFFECT. FURTHER, IF ARBITRATION CANNOT BE COMPELLED UNDER THE TERMS SET FORTH IN SECTION 21, OR IF SECTION 21.3 IS NOT ENFORCEABLE, THEN YOU AND JACK AGREE AND IRREVOCABLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED IN THE COUNTY OF LOS ANGELES, CALIFORNIA, U.S.A. FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS.
- CHOICE OF LAW. These Terms and the relationship between you and Jack shall be governed by the laws of the United States of America and the State of California without regard to their conflicts of laws provisions. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
- NOTICES. We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the Service. You may provide legal notice to us via email to
legal@EMAIL GOES HERE
with a duplicate copy sent via registered mail, return receipt requested, to the following address:
ADDRESS GOES HERE
Any such notice, in either case, must specifically reference that it is a notice given under these Terms.
- FEES, PAYMENTS AND REFUNDS Our Fee Schedule (provided here) sets the fees and additional payment terms for the Services. We may update our Fee Schedule from time to time. Providers that offer services to account holders have different fees associated with their accounts as described in the Provider Services Agreement. If you use Services for which fees are due or will be due, then you must keep all billing information current for your account. You can do so using the Administrative Panel
Services and Committed Periods. Depending on your account level
and the Services you chose, such as an enhanced Profile, we may
charge Fees on a subscription basis. All Fees for Services
provided on a subscription basis are due on the first day of each
calendar month in which we provide such Services. If you have
ordered a subscription Service on a month-to-month basis, we may
change the monthly subscription Fee and apply it to that Service
upon 30 days' notice. If you have ordered a subscription
Service and committed to a subscription period (e.g. 12 months) for
that Service, we will not increase the price of that Service during
Services. We may charge for measured services. If we do, we will invoice you for Fees for data storage,
transmission and other Services measured and priced by actual
consumption, and such Fees will be due in arrears within thirty
(30) days after the last day of the calendar month in which such
Services are consumed.
- Recurring Charges. You authorize us to automatically charge recurring Fees
to your credit card or deduct recurring Fees from your Bank
account, depending on the payment method you selected. You may not
revoke such authorization until the applicable subscription period
ends and the associated Fees have been paid, or (at our discretion)
we agree to the revocation and to receive the Fees by other means,
as well as recoup any discount we provided to you in return for
authorizing recurring charges or deductions.
Period. Unless we notify you otherwise, if you're participating in
any trial period offer for a Service, you must cancel that Service
by the end of the trial period to avoid incurring new charges. If
you do not cancel your Service and we have told you the Service
will convert to a paid subscription at the end of the trial period,
you authorize us to charge your payment method for the Service.
- Classes of Services. Jack may provide you with additional Features
without requiring additional Fees. Alternately, Jack may require
additional or separate Fees for additional Features.
- Late Payment. Late payments bear interest at the rate of 1.5% per month
(or the highest rate permitted by law, if less). You shall
immediately pay Jack's expenses related to collection of any
overdue payment including, without limitation, reasonable
attorney's and collection agency's fees, and any and all
expenses and costs associated with credit card charge-backs except
those to remedy overpayment that can be proven by you with
documented evidence. Jack may terminate any Services immediately
for an invalid credit card charge-back.
- Third Party Charges. You are responsible for obtaining network services,
information technology services and hardware from third parties
(such as your telephone carrier) to use the Services. You will be
solely responsible for all associated third-party Fees (such as
charges by your Internet service provider or mobile telephone
carrier for data).
The Fees due to Jack as set forth in this Agreement are net
amounts to be received by Jack, exclusive of all Taxes and are not
subject to offset or reduction because of any Taxes incurred by you
or otherwise due as a result of this Agreement. You are solely
responsible for and shall pay directly, any and all Taxes relating
to the performance of this Agreement; provided, however, that this
Subsection shall not apply to taxes based solely on Jack's
and Refunds. To the fullest extent permitted by law, refunds (if
any) are at the discretion of Jack and only in the form of credit
for use with Jack. If Jack does not receive a written notification
of a disputed fee from you within twenty (20) days of when Jack
charges you for such fees or delivers the corresponding invoice
(whichever occurs first), with your rationale and support therefore
specifically set forth in such notice, the invoice or charge will
be deemed valid and you may not dispute such charge or the payment
due under such invoice.
Payment. You will be responsible for all fees, and will pay all
charges in U.S. Dollars. You will provide either your credit card,
debit card, or bank electronic fund transfer information, or both,
sufficient to enable Jack to immediately charge and obtain payment
for any and all fees and charges under this Agreement, and hereby
authorizes Jack to do so. You acknowledge and agree that any
credit card and related billing and payment information that you
provides to Jack may be shared by Jack with companies who work on
Jack's behalf, or on your behalf such as payment processors or
credit agencies, for the purposes of checking credit, effecting
payment to Jack, and servicing your account. Jack shall not be
liable for any such use or disclosure of information to such third
You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you've approved, and we'll notify you in advance of the difference for recurring subscription Services. We may bill you simultaneously for more than one of your prior billing periods. Once we have informed you that the Service will be provided indefinitely or automatically renewed, we may automatically renew your Service and charge you for any renewal term.
for Early Termination. Termination will not terminate your
obligation to pay Fees for a committed subscription period. If
Jack terminates your Services for your breach, all Fees that would
have been due throughout the entire subscription period become
immediately due and payable. If you (rather than Jack) terminate
Service before the end of the committed subscription period, you
will pay all Fees that would have been due throughout the entire
subscription period within thirty (30) days of your termination.
Further, you will pay us the difference between Fees you paid us
during the committed subscription period and what the Fees would
have been for such months if you had not committed to a
subscription period. The Fees for early termination are not
penalties, but charges to compensate us for only the revenue
otherwise lost due to your failure to satisfy the Service period
commitment. If Jack terminates a Service to you for which you
pre-paid, and Jack's termination was without any cause whatsoever
(for example, Jack discontinued the entire Service for all its
members), then Jack will refund to you the portion of your payment
attributed to the Services that will not be provided.
- In some cases, other companies or persons may offer products or services to you through our website or other Services. Such third parties are usually obligated to pay us a fee when you purchase their products or services. You agree that you will not try to circumvent our payment system or other methods by which we track products or services offered to you through our Services, or that are provided through our Services.
- All payments to us or through our Services are non-refundable except as may be required by applicable law.
- CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Jack's Copyright Agent. We will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office website, http://copyright.gov/legislation/hr2281.pdf. If the Content which is the subject of complaint falls into one of the categories that are permitted under the Fair Use doctrine, we may determine that our use of the Content is legitimate and we will not remove it from our Services. To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that Content infringes your copyrights.
- For each allegedly infringing item of Content that you wish to have removed from one of our websites or other Services, fully describe such item, and provide the exact location of the material, such as the permanent URL for the web page containing the material.
- Provide your full name, email address, telephone number, and full physical address.
- Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing Content: either (i) proof of copyright in the Content concerned, namely proof of registration under the DMCA; or, absent such registration, a detailed description of where the work was created, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We reserve the right to deny requests to remove an image or other Content where the complainant cannot prove that he/she/it owns the copyright in the image or Content in question.
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign, scan and email the document to
EMAIL GOES HERE
Alternately, sign the document and mail it to:
ADDRESS GOES HERE
- If you do not hear a response from us within ten (10) days of submitting a complaint, please telephone us at
PHONE GOES HERE
to confirm that we received your original complaint. Sometimes our junk mail blocker block incoming emails. Make sure your junk mail blocker does not block our response.
APPLE TERMS. The following provisions apply to Apps provided through iTunes and are required by Apple, Inc. ("Apple"). The following provisions supplement the foregoing sections and do not modify the provisions of such sections. If not previously defined, then the capitalized terms in this section are defined in Apple's various end-user terms and agreements. Apple is not a party to these Terms and is not responsible for Jack's Apps. These Terms do not grant you usage of Jack's Apps that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service. The license granted to you for any App is limited to the use of the app on an iOS Product that the individual who downloaded the App owns and controls, and as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance or support services for any Jack app. With respect to the software components of the Jack app owned by Jack and distributed to you, these Terms govern claims involving product liability, non-conformance to regulatory requirements, consumer protection or other similar legislation. Apple will not be responsible to you for the investigation, defense, settlement and discharge of any such intellectual property infringement claim regarding a Jack app. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Your questions, complaints or claims with respect to a Jack app can be directed to the address above, or emailed to
EMAIL GOES HERE
You must comply with applicable third party terms of agreement that apply to you when using an app, for example, your agreement with your data service carrier. Apple and its subsidiaries, are third party beneficiaries of the provisions of these Terms that apply to the App, and Apple requires the right (and will be deemed to have accepted the right) to enforce such terms against you with respect to Jack.
- GENERAL TERMS.
- Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of a breach of these Terms or your use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. This limitation will not apply to misappropriation or infringement of intellectual property rights.
- Independent Contractors; No third-party beneficiaries. Jack and you are not legal partners or agents of each other; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
- Government Use. If you are a U.S. government entity, you acknowledge that any Software and User Guides that are provided are "Commercial Items" as defined at 48 C.F.R. 2.101, and are being provided as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.
- Savings Clause. If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid or unenforceable, the parties agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. If the court or arbitrator cannot do so, then the parties agree that the court or arbitrator should strike the invalid or unenforceable provisions, and that the remaining provisions be given their full force and effect.
- Other Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will not be construed in favor of or against any party by reason of the extent to which any party participated in the drafting of these Terms. The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect. Except as otherwise expressly provided in this Terms, not for the benefit of third parties. The word "or" as used in these Terms has an inclusive meaning, equivalent to "and/or". The terms "include" and "including" will be deemed to be immediately followed by the phrase "without limitation." Jack may assign or delegate these Terms, its obligations, rights and responsibilities, in whole or in part, at any time with or without notice to you. You may not assign or delegate these Terms, your obligations, rights or responsibilities. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, your right to use the Services. Your Jack account is non-transferable.
- INTELLECTUAL PROPERTY NOTICES
- The Services are copyright © 2013 Nephosity, Inc. or the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved.
- Jack may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Service. Unless we have expressly granted you limited licenses to our intellectual property in these Terms, our providing you with the Service does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
- The following trademarks, service marks, logos and slogans are the trademarks of Nephosity, Inc.: "Jack", "Jack Imaging", and "Nephosity".
End of Terms of Service