JISEKI HEALTH
TERMS OF USE

Last Updated: January 24, 2018

Jiseki Health, Inc. (“we,” “us,” “our,” or “Jiseki Health”) is pleased to offer you a platform for communicating via SMS about health issues.  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU PROCEED, BECAUSE WHEN YOU CLICK “I ACCEPT,” YOU ARE AGREEING THAT YOU WILL ONLY USE JISEKI HEALTH’S SERVICES, including its website https://jisekihealth.com (“the Site”) and all content, information and/or materials provided by or through Jiseki Health (collectively “Services”), IN ACCORDANCE WITH ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE AND THAT YOU WILL BE BOUND BY THEM.  You may not use the Services if you do not agree to all of the Terms and Conditions below, including without limitation, the arbitration and indemnity provisions. 

These Terms of Use cover all services which Jiseki Health offers to consumers and provides support for.

Text A Doctor Service

The Text A Doctors Service is only intended and available for low acuity and non-emergent medical conditions.  Medical advice, treatment, care plans and prescription services are only available from the Text A Doctors Service providers for the limited conditions.  By using the Text A Doctors Service and/or related services you FULLY ACKNOWLEDGE THE FOLLOWING:

  • You are seeking the Text A Doctor Services for informational/educational purposes only;
  • You may interact with a person who was trained as a medical doctor or nurse, but who is most likely not licensed in your state;
  • You may seek any diagnosis, prognosis, treatment, prescription, or medical advice for the nineteen low acuity conditions we have identified from the Text A Doctors Service; 
  • All services are provided “as is” and without warranty or representation of any kind (whether statutory, implied, or otherwise);
  • The Text A Doctors Services provided are:
    • Conversation and social interaction with someone who may share their experiences with you, including their experiences raising their children and/or relating to their partners;
    • Convenient access to health education and information; and
    • Ideas and suggestions about homeopathic or other therapies that are alternatives to medicine.
  • Your Use of the Text A Doctors Service is also subject to additional terms, disclaimers and limitations, as set forth in Section III (Additional Terms Applicable to All Services) below.

Text a Lawyer (Legal Information Services)

Text a Lawyer (TAL) provides a platform for legal information and self-help. The information provided by this service along with the content on our website related to legal matters ("Legal Information") is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your specific situation.

If you need legal advice for a specific problem, you should consult with licensed attorney. Neither Jiseki Health nor any Legal Information provided by Jiseki Health is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. As Jiseki Health is not a law firm, please note that any communications between you and a Jiseki Health Lawyer may not be protected as confidential information under the attorney-client privilege doctrine.

Your use of the Services does not create an attorney-client relationship between you and Jiseki Health, or between you and any Jiseki Health employee or representative. Unless you are otherwise represented by an attorney, including a Participating Attorney, you represent yourself in any legal matter you undertake through our Services.

Jiseki Health is not a "Lawyer Referral Service". Jiseki Health does not endorse or recommend any attorney nor does it make any warranty as to the qualifications or competency of any attorney.

Text a Financial Advisor (Financial Information Service)

Text a Financial Advisor provides a platform for financial related information and self-help. The information provided by this service along with the content on our website related to financial matters ("Financial Information") is provided for your private use and does not constitute financial advice. We do not review any information you provide us for financial accuracy or sufficiency, draw financial conclusions, provide opinions about your selection of forms, or apply the law to the facts of your specific situation.

If you need financial advice for a specific problem, you should consult with a certified public accountant (CPA). Neither Jiseki Health nor any Financial Information provided by Jiseki Health is a substitute for financial advice from a qualified CPA licensed to practice in an appropriate jurisdiction. As Jiseki Health is not a CPA firm, please note that any communications between you and a Jiseki Financial Services may not be protected as confidential information.

Your use of the Services does not create client relationship between you and Jiseki Health, or between you and any Jiseki Health employee or representative. Unless you are otherwise represented by an CPA you represent yourself in any financial matter you undertake through our Services.

Jiseki Health is not a "Financial Referral Service". Jiseki Health does not endorse or recommend any CPAs nor does it make any warranty as to the qualifications or competency of any CPA.

 

 

Terms Applicable to All Services

  1. Binding Agreement.

 The terms and conditions herein will form a binding agreement (“Agreement” or “Terms of Use”) between you and us.  If you are using the Services outside the United States, or on behalf of a company, legal entity, person, or persons, you are nonetheless individually bound by this Agreement even if one or more of these has a separate agreement with us.

  1. Acceptance.

 BY using the Services you hereby agree to the current Jiseki Health Terms of Use.

  1. Changes to Terms.

 We may, at our sole discretion, change, add, or delete portions of these Terms of Use at any time on a going-forward basis.  It is your responsibility to check the Terms of Use for changes prior to use of the Services.  We will notify you of any material changes by posting notice of the changes on the Site, or by sending an email to the address you have provided.  If you object to any of the changes, your sole recourse will be to stop using the Services.  Continued use of the Services after notice of any changes will constitute your agreement to be bound by the revised Terms of Use, inclusive of such changes.

  1. Other Agreements.

 Certain Services may have their own terms and conditions.  These Terms of Use do not alter in any way the terms or conditions of any written terms, conditions, rules or agreements you may have or will have with us (“Other Agreements”), including, without limitation, Jiseki Health’s Privacy Policy, available at http://jisekihealth.com/privacy-policy/ the terms of which are hereby incorporated by this reference.  To the extent that there is any conflict between the Terms of Use and Other Agreements, the terms of the Other Agreements will govern.

  1. Eligibility to Use the Services.

 (a) To use the Services, you must be at least 13 years old. If you are a minor under applicable law or are not legally able to form a binding agreement, a parent or legal guardian ("Parent/Guardian") must accept these Terms of Use on your behalf before you are permitted to use the Services. (b) Specifically, to be eligible to use the Services, you must meet the following criteria and represent and, by agreeing to these Terms of Use, warrant that you: (1) have complied with the requirements of Section 5(a); (2) are not currently restricted from using the Services, or not otherwise prohibited from having a Jiseki Health account, (3) are not a competitor of Jiseki Health or are not using the Services for reasons that are in competition with Jiseki Health; (4) will only maintain one Jiseki Health account at any given time; (5) have full power and legal authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Jiseki Health other users or of third parties, including intellectual property rights and privacy rights; (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services; and (8) agree to use your first name and your email address when registering (although you may use a fictitious name or initials after registration). (c) If applicable: Parent/Guardian hereby agrees that he/she has full legal authority to accept these Terms of Use on the Registered User’s behalf and to bind the Registered User to them. Parent/Guardian also agrees to fully indemnify and hold harmless Jiseki Health against any and all claims and damages if such Registered User breaches any of these Terms of Use.

  1. Services Provided.

 The Services provide a platform and mechanism for enabling you to connect and chat with providers of the Text A Doctors Service (“Providers”).  Jiseki Health does not participate in the interaction between you and Providers and does not have control over the quality, reliability, timing, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Providers, and does not monitor or control whether any participant, including registered users and/or visitors to the Site or the App, are who they claim to be.  Jiseki Health makes no representations about any of these and assumes no responsibility for any of them as more fully set forth below.  JISEKI HEALTH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH SERVICES.

  1. User Access and Use.

 We invite you to use the Services for personal and non-commercial purposes.  When you accept these Terms of Use, we grant you a limited, personal, non-exclusive, nontransferable, fully revocable license to access and to use the Services as permitted under these Terms of Use and any other agreements you may have entered into with us (“Access Rights”).  Your right to use and access the Services (including the Site) is conditioned upon your compliance with these Terms of Use.  You have no other rights in the Services or any materials available therein (the “Materials”), and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner.  If you breach any of these Terms of Use, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).  Without limiting any other statement or term herein, you also represent and/or agree that the following applies each time you access or use the Services: 

    1. You will not access and/or use the Services in an emergency situation, but instead, will call 9-1-1 or your own physician or pediatrician if you suspect or have reason to believe an emergency exists;
    2. You consider the Services, including, without limitation, the contents of the site, such as text, graphics, images, information obtained from Jiseki Health's licensors, users, employees and other material ("Content") to be for informational and educational purposes only, and that results are never guaranteed;
    3. You will not advise, diagnose, or treat any person at any time based on information and/or education or comments you receive through the Services and/or that is contained in the Service and/or otherwise transmitted to you through the Services. You are solely responsible for your interactions with the Providers with whom you communicate while using the Services;
    4. Jiseki Health may limit the number of connections you may have with the Providers, may, in certain circumstances, prohibit you from contacting them through use of the Services, and/or may otherwise limit your use of the Services;
    5. You will not attempt to learn the identities and/or locations of the Text A Doctors and you will not contact the Text A Doctors other than through the Service;
    6. You understand and acknowledge that the Providers may not be able to respond to your messages immediately or even within a short time (but if you have not heard from a Provider within 48 hours, you should contact Jiseki Health to find out why).
    7. If you believe that you are entitled or obligated to act contrary to these Terms of Use under any mandatory law, you will provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you take action that is contrary to these Terms of Use to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
  1. User Account Responsibilities.

 To use or access certain Services, you must register for and be granted by us an account with Jiseki Health.  You agree to:  a) keep your password secure and confidential; b) not permit others to use your account; c) refrain from using other users’ accounts; d) refrain from selling, trading, or otherwise transferring your Jiseki Health account to another party; and e) refrain from charging anyone for access to the Services.  Further, you are responsible for anything that happens through your account until you close it down or prove that your account security was compromised through no fault of your own. You agree to be responsible for any act or omission of any users that access the Services under your Account or using your Password that, if undertaken by you, would be a violation of these Terms of Use, and that such act or omission shall be deemed a violation of these Terms of Use.

  1. User Information.

 You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete.  If we have reasonable grounds to suspect that you violated any provision or aspect of these Terms of Use, we may deny or terminate your access to the Services (or any portion thereof).  By providing information to us, you represent and warrant that you are authorized or entitled to submit the information, that you are doing so voluntarily, that the information is accurate, not confidential and/or private, and not in violation of any contractual restrictions or third-party rights.

By providing information to us, you grant Jiseki Health, without any further consent, notice and/or compensation to you or to any third parties, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid-up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, the information you provide, directly or indirectly to Jiseki Health, including, without limitation, user-generated content, ideas, concepts, techniques and/or data.  Any information you submit to us is at your own risk of loss.

In addition, by submitting reviews, comments, or ratings to Jiseki Health through the Text, email, or our website, you expressly authorize us to publish such reviews, comments, or ratings  and to publish with them your full name and the state in which you reside, in our sole discretion.  Specifically, you agree that you have no privacy interest in any reviews, comments, or ratings you submit to Jiseki Health, and you automatically grant to Jiseki Health, or warrant that the owner of such content has expressly granted to Jiseki Health, the right to use that content, without obligation of any kind to you, for advertising, marketing, promotional and/or other purposes as set forth in these Terms of Use and you will not be entitled to any compensation for such use.  Confidential communications, communications you want to remain private, or information that identifies you may be made removed from the App of the Site by submitting written notice to Jiseki Health as described in paragraph 29 below. 

  1. Geo-Location Terms.

 The Services include and make use of certain functionality and services provided by third-parties that allow us to include maps, geocoding, places and other content from Google as part of the Services (the “Geo-Location Services”).  Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use. 

  1. Prohibited Uses.

 You agree not to use the Services for commercial or public purposes and/or to:  a) violate any local, state, national or international law; b) stalk, harass or harm another individual;  c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; f) attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means; g) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and/or h) stalk, harass, or harm another individual.  You further agree you will not:

    • Reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;
    • Use the Services or access the Services for any purpose other than the purpose for which the Services are being provided to you;
    • Use the Services in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
    • Reverse engineer, disassemble, decompile, or translate any components of the Services, attempt to derive the source code of any components of the Services, or authorize or assist any third party to do any of the foregoing;
    • Allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations (SPAM);
    • Use any high volume, automated, or electronic means, including any data mining, robots, or similar data gathering or extraction methods in connection with the Services;
  1. Accuracy of Materials and Other Information.

 Jiseki Health does not warrant that any Materials and/or other information, pictures, graphic depictions, descriptions, or other content of the Services are accurate, complete, reliable, updated, current, and/or error‑free.  Jiseki Health is not responsible, and makes no representations or warranties for the delivery of any messages sent through Jiseki Health to anyone.  You agree to notify Jiseki Health immediately if you become aware of any errors or inconsistencies in the information or content provided through the App and to comply with any corrective action taken by Jiseki Health.  Further, you will not alter electronic messages, information, or postings received from Jiseki Health.

  1. Intellectual Property.

 You hereby expressly acknowledge that Jiseki Health or its licensors own all legal right, title and interest in the Services.  Jiseki Health reserves all rights not expressly granted in and to the Service.  “Jiseki Health” is a trademark that belongs to us.  Other trademarks, names and logos on the platform are the property of their respective owners.  Unless otherwise specified in these Terms of Use, all materials, including the arrangement of them on the platform are our sole property or the property of our licensors.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.  

  1. Intellectual Property Infringement.

 We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we remove submissions that we believe may violate intellectual property rights of others and may suspend your access to the Services (or any portion thereof) and/or terminate your account if you use the Services in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our Agent for notice of claims of infringement as follows:

help@jisekihealth.com

Email:

To be sure the matter is handled immediately, your written notice must:

    • Contain your physical or electronic signature;
    • Identify the copyrighted work or other intellectual property alleged to have been infringed;
    • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
    • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
    • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
    • Contain a statement that the information in the written notice is accurate; and
    • Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

    • Your physical or electronic signature;
    • 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 from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications. 

  1. Third Party Sites.

 We may provide links on the Services to third-party websites. We are not obligated to review any third-party websites that you link to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk, and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Services may allow you to interact and/or conduct transactions with one or more third-party websites and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on the Services to be shared with your contacts in your third-party site account.

  1. Indemnification.

 You agree to indemnify and hold harmless Jiseki Health, our owners, subsidiaries, affiliated companies, employees, shareholders, directors, licensors, co-branders, suppliers, and the officers, directors, employees, consultants, and agents of each, and other Registered Users and Visitors, for all damages, liabilities, fines, penalties, losses, expenses, fees,  and costs (including without limitation reasonable attorneys’ fees and costs) related to all claims, causes of action, charges, and investigations, caused by:  a) your failure to comply with this Agreement, including without limitation your unauthorized submission of content and/or of that violates third-party rights or applicable laws; b) any content you submit or transmit; c) any activity in which you engage through the Services; and d) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar or deleterious programming routines input by you into the Services.

  1. Privacy.

 You must carefully read our full Privacy Policy, available at http://jisekihealth.com/privacy-policy/  and incorporated by reference into these Terms of Use. As part of the login and registration process and your use of Services, you will be asked to provide certain personal information to us, which may include proof of identity, and you may choose to share other personal information as part of the Services.  Information you submit about yourself, your child, and/or any other party is subject to the Privacy Policy.  YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU ARE AUTHORIZED TO DISCLOSE ALL PERSONAL, CONFIDENTIAL, AND/OR PROTECTED INFORMATION PRIOR TO MAKING SUCH INFORMATION AVAILABLE AND/OR TRANSMITTING IT. WE MAKE NO WARRANTEE, GUARANTEE, OR REPRESENTATIONS REGARDING THE PRIVACY AND SECURITY OF YOUR PERSONAL INFORMATION.

  1. Geographic Restrictions.

 Jiseki Health makes no representation that all products, Services, material, and/or the information provided through the Services, are appropriate for export and use in locations outside the United States or all territories within the United States.  Registered Users and Visitors access the Service on their own initiative and are responsible for compliance with all applicable laws, including local laws, and United States export laws including, without limitation, Export Administration Regulations maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control.  By downloading or otherwise using or transferring any software, technology or other information from the Services in any manner whatsoever, you represent and warrant you may legally do so.  You may also have other rights applicable to this agreement outside the United States.  Certain companies affiliated with Jiseki Health may provide services and operate websites that may be linked from the App and Site and which are governed by their own terms of use, and may be subject to laws of other local or international jurisdictions.

  1. Feedback.

 Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedbackwhether or not patentable, for any purpose whatsoever, including, but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

  1. Discontinuation or Modifications to the Services.

 We reserve the right, in our sole discretion, to deny or restrict the use of the Services to anyone for any reason.  We reserve the right to modify or discontinue the Services, or any portion of the Services, with or without notice to you.  We will not be liable to you or any third party should we exercise these rights.  If you object to any modification, your sole recourse will be to cease using the Services.  Continued use of the Services following a notice of any change will indicate your acknowledgment of such changes and satisfaction with the Services as modified.  Jiseki Health has no obligation to store, maintain or provide you a copy of any content that you, other users, or the Providers provide or transmit when using the Services.  We also reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is appropriate.  

  1. Disclaimer Of Warranties.

 YOU EXPRESSLY AGREE THAT USE OF THE Services IS AT YOUR SOLE RISK.  BOTH THE Services ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  JISEKI HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.  JISEKI HEALTH MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES JISEKI HEALTH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Services, OR THAT DEFECTS IN THE Services WILL BE CORRECTED.  YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Services IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JISEKI HEALTH OR THROUGH THE Services WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THE SERVICES ARE NOT INTENDED TO PROVIDE A SUBSTITUTE FOR YOUR OWN SOUND AND REASONABLY PRUDENT JUDGMENT, AND TEXT A DOCTORS SERVICES ARE NOT INTENDED TO BE FOR DIAGNOSIS OR TREATMENT. PERSONS USING THE SERVICES ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES, MATERIALS AND OTHER INFORMATION PROVIDED AND AGREE THAT JISEKI HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THEIR USE. YOUR RELIANCE ON THE CONTENT OBTAINED OR USED BY YOU IS SOLELY AT YOUR OWN RISK EXCEPT AS PROVIDED BY LAW.

  1. Limitation Of Liability.

 YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL JISEKI HEALTH OR ANY OF OUR OWNERS, SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OR DIRECTORS ("JISEKI HEALTH AFFILIATES") BE CUMULATIVELY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE AGGREGATE LIABILITY OF JISEKI HEALTH TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO FIVE (5) TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A JISEKI HEALTH CORPORATE NETWORK, IF ANY, OR U.S. $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you.  To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.

  1. Mutual Rights of Termination.

 You may terminate this Agreement, for any or no reason, at any time, upon notice to Jiseki Health.  Jiseki Health may terminate or suspend your use of the Services, your account, and/or your registration without notice for any reason at any time.  You understand that termination of your agreement with Jiseki Health and your account will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account.  YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU.  OTHER AGREEMENTS WITH JISEKI HEALTH MAY CONTAIN DIFFERENT TERMINATION PROVISIONS FOR A GIVEN SERVICE.  IN SUCH CASES, TERMINATION PROVISIONS WITHIN OTHER AGREEMENTS SHALL GOVERN THE TERMINATION OF THOSE SERVICES.

  1. Applicable Law.

 The validity, interpretation, construction, and performance of these Terms of Use and any claim, cause of action or dispute (“claim”) arising out of, or related to, this Agreement, and dispute resolution, shall be governed by the laws of the state of California without giving effect to the principles of conflict of laws.  Except for disputes subject to arbitration as described below, any disputes relating to these Terms of Use or the Services will be heard in the courts located in San Francisco, California.

  1. Dispute Resolution.

 YOU AND JISEKI HEALTH AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN SAN FRANCISCO, CALIFORNIA, AS ADMINISTERED BY JAMS UNDER THE APPLICABLE RULES THEN IN EFFECT EXCEPT AS OTHERWISE AGREED BY THE PARTIES OR AS DESCRIBED BELOW. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT WILL NOT APPLY TO DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND JISEKI HEALTH AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA, FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT JISEKI HEALTH SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES.

FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST‑EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION, IN WHICH CASE THE ADR PROVIDER AND THE PARTIES MUST COMPLY WITH THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE AND/OR BE SOLELY BASED ON WRITTEN SUBMISSIONS, THE SPECIFIC MANNER SHALL BE CHOSEN BY THE PARTY INITIATING THE ARBITRATION; (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES; AND (C) ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

YOU AGREE THAT YOU AND JISEKI HEALTH ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless otherwise agreed, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

  1. Severability.

 If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court should endeavor to give the effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect.

  1. Language.

 Where Jiseki Health has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Jiseki Health.

  1. Notices and Service of Process.

 In addition to Section “Notices and Service Messages,” we may notify you via postings on https://jisekihealth.com.  You may contact us here, or via mail or courier at:

Jiseki Health
help@jisekihealth.com
10 Rollins Rd., Millbrae CA 94030

https://jisekihealth.com

Additionally, Jiseki Health accepts service of process at this address.  Any notices that you provide without compliance with this section on Notices shall have no legal effect.

  1. Electronic Communications.

 By using the Services, you consent to receiving electronic communications from Jiseki Health.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services.  These electronic communications are part of your relationship with Jiseki Health.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  1. Entire Agreement.

 You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings related to these Terms of Use.  You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Jiseki Health Services, third-party content or third‑party software.

  1. No informal waivers, agreements or representations.

 Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.  Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Jiseki Health Affiliate shall be deemed legally binding on any Jiseki Health Affiliate, unless documented in a physical writing hand‑signed by a duly appointed officer of Jiseki Health.

  1. No Agency.

 Notwithstanding any term herein, the Providers are not agents of Jiseki Health, and you may not interpret any communications or transmissions to or from the Providers. to create an agency relationship and they may not be deemed at any time to be acting as an agent of Jiseki Health.  

  1. Limited Time to Bring Claim.

 Where permitted by law, you and Jiseki Health agree that any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

  1. Beneficiaries.

 Entities other than Jiseki Health are not parties, and you acknowledge and agree that there are no third‑party beneficiaries of this Agreement.

  1. Assignment and Delegation.

 You may not assign or delegate any rights or responsibilities under the Agreement.  Any purported assignment and delegation shall be ineffective.  We may freely assign or delegate all rights and responsibilities under the Agreement, fully or partially without notice to you.  We may also substitute, by way of unilateral notation, effective upon notice to you, Jiseki Health Corporation for any third party that assumes our rights and responsibilities under this Agreement.

  1. Survival.

 The terms of this Terms of Use and any other limitations on liability explicitly set forth herein will survive the expiration or earlier termination of this Agreement for any reason.  Our (and our licensor’s) proprietary rights (including intellectual property rights) in and to our Content, our technology, the App, the Site, and/or other Services will survive the expiration or earlier termination of these Terms of Use.

Please contact us at healp@jisekihealth.com with any questions regarding this Terms of Use. To the extent the California Electronic Commerce Act of 1984 applies, California users are advised that the technology, and Services are provided by Jiseki Health, Inc., need new address. If you have a question or complaint regarding the technology, App, or Site, please contact us as described above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.