LAST MODIFIED: JUNE 10, 2022
By using the Service, you agree that you are at least the legal age of majority in the jurisdiction in which you reside. The Service, our HealthJoy App, and our Site are only offered and available to users who are at least eighteen (18) years of age or older.
THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, ARE LEGALLY BINDING, LIMIT HEALTHJOY’S LIABILITY TO YOU, REQUIRE YOU TO INDEMNIFY HEALTHJOY, AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICE.
These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.
OWNERSHIP OF SERVICE
HealthJoy helps you manage your insurance benefits and improve your overall healthcare experience by providing a digital platform on which you can connect with medical providers, obtain information about your insurance and advice about your medical bills, and access other resources designed to promote health and wellness. Neither HealthJoy nor its Virtual MSK Care Program provide a medical diagnosis or medical treatment. The Virtual MSK Care Program is considered a wellness program. HealthJoy does not provide any services that must be undertaken by a licensed medical provider. Any health-related information provided to participants in connection with the Virtual MSK Care Program is intended to be general in nature and should not be used as a substitute for a visit with a healthcare professional or for a treatment plan prescribed and coordinated by a healthcare professional.
The Service, which includes our HealthJoy App and Site, and its entire contents, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, displays, video, logos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are all proprietary and owned or controlled by HealthJoy, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible.
These Terms permit you to use the Service and Content for your personal, non-commercial use only. A limited, revocable, non-exclusive, nontransferable license is granted to temporarily download one copy of the intellectual property displayed via the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of HealthJoy or its licensors. This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by HealthJoy at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by HealthJoy.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site, HealthJoy App, or any other component of the Service in breach of these Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any Content is transferred to you, and all rights not expressly granted are reserved by the HealthJoy. Any use of the Service, HealthJoy App, or Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
In addition to the foregoing, HealthJoy also owns and uses trademarks on the Service, including but not limited to HEALTHJOY and all related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of the HealthJoy. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
RELIANCE ON INFORMATION POSTED
The Content presented on or through the Service, including via the Site or HealthJoy App, is made available solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of any Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
While HealthJoy provides limited healthcare services, the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Therefore, you should always seek the advice of your primary care physician or other qualified healthcare provider with any questions you may have regarding a medical condition. HealthJoy does not intend to interfere with your primary care physician’s or other qualified health provider’s medical advice, and you should never disregard professional medical advice or delay in seeking it because of something you have read on the HealthJoy App or Site. No Content (other than information you receive from qualified healthcare providers) should be considered medical advice or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
This Site may include content provided by third parties, including but not limited to materials provided by other users. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by the HealthJoy, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the HealthJoy. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE TERMS AND SERVICE
We may revise and update these Terms from time to time in our sole and absolute discretion. All changes are effective immediately when we post them. If we make any material changes, and you have registered to use the Service, we will also send an email to you at the last email address you provided to us or display a prominent notice within the Service. In some cases, we will notify you in advance, and your continued use of the Site or Service following the posting of revised Terms will mean that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the HealthJoy App, Site, and Service.
We may also update our Content from time to time, but such Content will not necessarily be complete or up-to-date. Any Content, including any and all material on the Site and HealthJoy App, may be out of date at any given time, and we are under no obligation to update such Content.
ACCESSING THE SERVICE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend our HealthJoy App, Site, and any Service or Content we provide on the HealthJoy App or Site or through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service, including the HealthJoy App or Site, is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Service.
- Ensuring that all persons who access the Service through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
You are solely and fully responsible for all activities that occur under your user name, password, or account. HealthJoy may assume that any communications it receives through your account have been made by you unless HealthJoy receives notice otherwise. HealthJoy expressly disclaims any liability from misuse of your account.
You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account, and who is of the age of majority. We generally do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice.
YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, ORDERS, PAYMENTS, FINANCIAL TRANSACTIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.
Some features of the Service may require you to make certain payments. Any fees that HealthJoy may charge you for your use of or access to the Service are due immediately when charged by HealthJoy and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage; our decision to terminate your usage; any disruption caused to our Service, whether planned, accidental or intentional; or any reason whatsoever. HealthJoy reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. HealthJoy, in its sole discretion, may offer credits or refunds on a case-by-case basis.
Fees will be displayed in United States Dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay the fees as well as all applicable taxes and currency conversion fees.
HealthJoy may use third party services to process payments, which have their own separate terms of service. While HealthJoy will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, HealthJoy expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold HealthJoy harmless for any damages that may result therefrom.
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your account. In addition, verification of information may be required prior to the acknowledgment or completion of any purchase or transaction. We reserve the right to refuse or cancel any purchase or transaction for any reason including limitations on availability, inaccuracies, or errors in service or pricing information, or other problems identified by us, such as fraud.
HealthJoy may request a pre-authorization for some purchases made online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. We are not responsible for any fees or charges that your bank or credit card issuer may apply.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
HEALTHJOY HEALTHCARE SERVICES
HealthJoy allows you to access healthcare-related services, including on-demand, virtual urgent care for minor health concerns (“Virtual Consults”). Virtual Consults may be performed by live chat, audio, or video. By engaging the Service and, specifically, Virtual Consults, you assent to these Terms and further acknowledge and agree to the following provisions:
- HealthJoy, LLC makes professional medical services available to you, but you understand and accept that HealthJoy and its concierge team only provide general information services and do not practice medicine. Only HealthJoy healthcare providers, who are licensed medical professionals and independent contractors of HealthJoy, may provide professional medical services to you.
- By participating in a Virtual Consult, you further acknowledge and agree that each of HealthJoy’s healthcare providers is responsible for his or her services and compliance with the requirements applicable to his or her profession and license and that neither HealthJoy nor its concierge team participates in or interferes with the practice of medicine by any of HealthJoy’s healthcare providers. You engage in a physician-patient relationship with HealthJoy healthcare providers, and not HealthJoy or its concierge team, when you participate in a Virtual Consult.
- You also acknowledge and agree that all medical diagnoses and prescriptions that may be sought by you through HealthJoy are limited in type and duration. Accordingly, you may not request any diagnosis or prescription of any type or duration that is not permitted by HealthJoy, and if you do make such a request, you understand that HealthJoy healthcare providers will refer you to your primary healthcare physician or other qualified healthcare provider in such circumstances. Moreover, if your medical condition warrants emergency help, HealthJoy’s healthcare providers will direct you to the local hospital emergency room.
- HealthJoy healthcare providers may not and will not prescribe you:
- Prescriptions for narcotics or any controlled substances listed in 21 C.F.R. §§ 1308.11-1308.14 (Drug Enforcement Administration Schedules I, II, III, and IV)
- Prescriptions for medications that are restricted by states
- Prescriptions for medications for psychiatric illnesses
- Prescriptions for lifestyle medications such as erectile dysfunction or diet drugs
- HealthJoy and its healthcare providers are not substitutes for health insurance, your primary care physician, or in-person healthcare interactions, and you acknowledge, accept, and agree not to use HealthJoy or any of its healthcare providers as substitutes for health insurance, your primary care physician, or in-person healthcare interactions. Accordingly, you shall not delay in seeking advice from your primary care physician or other qualified healthcare providers due to any information provided by HealthJoy or a HealthJoy healthcare provider, and you agree to seek emergency help when needed and continue to consult your primary care physician.
- You acknowledge and agree that while HealthJoy takes all reasonable measures to safeguard your medical records and other health information in accordance with applicable law, no computer, phone, or other system is totally secure. With this in mind, you consent to the entry of your medical records and health information into HealthJoy’s computer database knowingly and voluntarily.
- You understand and agree that Virtual Consults involve the communication of your medical information, both orally and visually, to physicians and other health care practitioners who may be located in other parts of or outside the state or jurisdiction in which you are located.
- You also understand and agree that by using HealthJoy we may automatically send your own personal health information and related reminders to you, and you opt into receiving this information by email, mobile notification, or using other contact information provided by you in your account settings. You may opt out of receiving any such communication via email or mobile notification at any time through your account settings. If you prefer not to receive or do not consent to the receipt of personal health information by email or mobile notification, you agree to update your account notification settings before using HealthJoy or any features utilizing reminders.
- HealthJoy is not responsible for the data bandwidth, signal strength, or internet or data connectivity of your mobile device or computer.
- You agree to refrain from abusive language and engaging in inappropriate behavior when with HealthJoy’s healthcare providers during a Virtual Consult. You also agree that such healthcare providers may terminate any Virtual Consult at any time should inappropriate behavior or language be used or, if in the physician’s sole judgment , the consult is no longer appropriate or productive.
- You further agree to refrain from contacting or seeking to contact the healthcare provider for telemedicine care outside of the HealthJoy platform. This protects both patients and physicians by ensuring clinical care is delivered in a reliable, continuous, and controlled platform. HealthJoy is not responsible for any interactions with healthcare providers that are not conducted on the HealthJoy platform.
- HealthJoy complies with all applicable law, including but not limited to the Health Insurance Portability and Accountability Act (“HIPAA”).
- You represent and warrant to us that, to the extent you enter “protected health information” (as such term is defined under HIPAA) for a third person, you are legally authorized to do so on behalf of such third person, and such third person has validly consented to your inputting of, and your review of, his or her protected health information on HealthJoy and via the HealthJoy App.
- HealthJoy is for personal use in accordance with local, state, and federal law only and may not be used for commercial purposes. Licensed U.S. doctors and other qualified healthcare providers may apply to participate on HealthJoy for educational purposes or to provide patient consults via HealthJoy only.
- You understand and agree that using HealthJoy reveals personally identifiable information of members that will be visible to the healthcare providers with whom you interact.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The Service is integrated with third-party applications, websites, and services (collectively, “Linked Sites”) to make available content, products, or services to you. HealthJoy has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. HealthJoy is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by HealthJoy of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of HealthJoy. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products, services, behavior, features, or content. HealthJoy makes no representation or warranty as to any Linked Site products, services, behavior, features, or content, and you agree that HealthJoy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party products, services, behavior, features, or content available on or through any Linked Site or similar resource.
AS PERMITTED BY APPLICABLE LAW, BY USING OUR SERVICE, SITE OR HEALTHJOY APP YOU UNDERSTAND AND AGREE THAT WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES. YOU FURTHER UNDERSTAND AND AGREE THAT HEALTHJOY DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR THE OF ANY LINKED SITE OR FOR ANY TRANSACTION YOU MAY ENTER INTO WITH THE PROVIDER OF ANY SUCH LINKED SITE.
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service, which includes the Site and HealthJoy App:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate HealthJoy, a HealthJoy employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm HealthJoy or users of the Site or HealthJoy App, or expose them to liability.
Additionally, you agree not to:
- Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Site or HealthJoy App.
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Site or HealthJoy App.
- Use any manual process to monitor or copy any of the material on the Site or HealthJoy App or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Service, including our Site and HealthJoy App.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or HealthJoy App, the servers on which the Site and HealthJoy App are stored, or any server, computer, or database connected to the Site or HealthJoy App.
- Attack the Site or HealthJoy App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site, HealthJoy App, or Service.
The Service may contain interactive features that allow users to upload, post, submit, publish, display, or transmit to HealthJoy or to other users or other persons (hereinafter, “post”) content or materials, including but not limited to user reviews (collectively, “User Submissions”), on or through the Site and HealthJoy App.
All User Submissions must comply with the Content Standards set out in these Terms.
Your User Submissions may be posted and transmitted to others at your own risk. We cannot control the actions of other users of the Service with whom you may choose to share your User Submissions. Any User Submission you post to the Site or HealthJoy App will be considered non-confidential and non-proprietary. All User Submissions may be retained by us indefinitely, even after you terminate your account. By submitting any User Submissions, you grant to HealthJoy a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Submissions in any manner, including to create derivative works, without any compensation or notice to you. By providing any User Contribution on the Site or HealthJoy App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Submissions do and will comply with these Terms.
- You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not HealthJoy, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user of the Site.
We have the right to:
- Remove or refuse to post any User Submissions for any or no reason in our sole discretion.
- Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the HealthJoy.
- Except where prohibited by applicable law, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, HealthJoy App, or Service.
- Terminate or suspend your access to all or part of the Service, including the Site and HealthJoy App, for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site or HealthJoy App. YOU WAIVE AND HOLD HARMLESS HEALTHJOY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards (the “Content Standards”) apply to any and all User Submissions. User Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
COPYRIGHT COMPLAINTS AND DMCA COPYRIGHT AGENT
HealthJoy complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.
DMCA Takedown Notices
Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Service. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if HealthJoy has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for HealthJoy to determine the legitimacy of the signature and the identity of the signatory;
- Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HealthJoy to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
- Information reasonably sufficient to permit HealthJoy to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
- A statement that the complaining party has a good faith belief that use of the material 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.
Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE”:
215 W Superior Street
Chicago, IL 60654
Please note if any notification of claimed infringement does not meet the above requirements, HealthJoy has no responsibility to respond to or act on any such defective notification of claimed infringement.
DMCA Counter Notification
If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:
- Your physical or electronic signature, as well as information sufficient for HealthJoy to determine the legitimacy of the signature and the identity of the signatory;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of Illinois, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.
Any such counter notification must be sent to:
215 W Superior Street
Chicago, IL 60654
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
TERMINATION AND SURVIVAL
You and we may terminate the Terms at any time. However, you acknowledge and agree that the perpetual license granted by you in relation to User Submissions, is irrevocable and will therefore continue after expiry or termination of any of the Terms for any reason. You further understand and accept that HealthJoy may terminate the Terms or suspend your access to the Service at any time, including, without limitation, in the event of your actual or suspected unauthorized use of the Service or Content, or non-compliance with the Terms.
If you or HealthJoy terminate the Terms, or if HealthJoy suspends your access to the Service, you agree that HealthJoy will have no liability or responsibility to you, and HealthJoy will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
The rights and obligations that by their nature should survive or extend beyond the termination of the Terms will also survive termination.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE OR HEALTHJOY APP, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE; THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICE; OR THAT ANY PRESCRIPTION DRUG PRODUCTS SATISFY ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON SUCH PRODUCTS.
YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE, AS WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE OR HEALTHJOY APP. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, OR ANY INJURIES, INCLUDING WRONGFUL DEATH, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE OR FROM ANY INFORMATION OR MATERIALS ON THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE, AND SHALL NOT EXCEED $250 USD.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
HealthJoy may assign the Terms or any part of them, and HealthJoy may delegate any of its obligations under the Terms. You may not assign the Terms or any part of them, nor transfer or sub-license your rights under the Terms, to any third party.
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless HealthJoy and its officers, directors, employees, licensors, suppliers, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good, product, or service purchased through the Service, (b) violation of these Terms by you, and (c) the acts or omissions of any other user. If you fail to promptly indemnify and defend a covered claim, HealthJoy shall have the right to defend itself, and in such case, you shall promptly reimburse HealthJoy for all of its associated costs and expenses. HealthJoy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
ARBITRATION, CHOICE OF LAW, AND VENUE
Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be submitted to and settled exclusively by binding arbitration, in accordance with the provisions of this section, subject only to any applicable requirement of law that you and HealthJoy engage in a preliminary, non-binding mediation or arbitration. Binding arbitration shall be conducted in accordance with the American Arbitration Association’s rules (the “AAA Rules”). Arbitration shall be held in Cook County, Illinois, and shall be held before an arbitrator selected pursuant to the AAA Rules who shall have no personal or pecuniary interest, either directly or indirectly, from any business or familial relationship with either you or us. The arbitrator(s) shall be bound to adjudicate all disputes in accordance with the laws of the State of Illinois and all decisions of the arbitrator will be final, binding, and conclusive on you and HealthJoy. Either you or HealthJoy may seek confirmation of the arbitration award in the Illinois state courts in and for Cook County, Illinois, and both parties hereby consent to the exclusive jurisdiction and venue of the Illinois state courts in and for Cook County, Illinois in any claim or action arising under this arbitration provision.
YOU AND WE ALSO AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL. ADDITIONALLY, UNLESS YOU AND WE AGREE OTHERWISE, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF.
All costs and expenses, including reasonable attorneys’ fees and experts’ fees, incurred by you or HealthJoy in any dispute that is determined and settled by arbitration or some other proceeding pursuant to these Terms shall be borne by the party determined to be liable in respect to such dispute; provided, however, that if complete liability is not assessed against only one party, then you and HealthJoy will share the total costs in proportion to their respective amounts of liability so determined. Except where clearly prevented by the area in dispute, you and we agree to continue performing their respective obligations under these Terms until the dispute is resolved.
If it is determined that arbitration is not permitted, has been waived, or is otherwise unavailable, then the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms shall be an appropriate state or federal court located in Cook County, Illinois. You and HealthJoy hereby submit to the personal jurisdiction of the State of Illinois and the jurisdiction and venue of said courts. You and HealthJoy further agree that the laws of the State of Illinois, without regard to the principles of conflict of laws, shall govern these Terms and any dispute, claim, or controversy that has arisen or may arise related to these Terms. This paragraph shall not be read to conflict with the mandatory arbitration provision.
WAIVER AND SEVERABILITY
No waiver by the HealthJoy of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the HealthJoy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
YOUR COMMENTS AND CONCERNS
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