Terms of Use

JISEKI HEALTH TERMS OF USE (TOU)

These Terms of Use cover all lines of service for which Jiseki Health provides support and has special consideration for our Text a Doctor Service, through which you may correspond via text message with a person who was trained as a medical doctor but who most likely is not licensed in your state or country.

  1. Text a Doctor Service

The Service is for informational purposes only; Medical advice, treatment or other healthcare services are not available from Jiseki through this service at this point in time.   By using the Text a Doctor Service and/or related services you acknowledge that all services are provided “as is” and without warranty or representation of any kind (whether statutory, implied, or otherwise) and that you are using the service for informational/educational purposes only. As such, you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation or medical advice of any kind from the service.

By using the service, you explicitly agree that any personal health information provided by you or generated through your use of the App is not considered Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  You further agree not to provide to us any health information and/or other information that you are not authorized to disclose.

  1. Acceptance

 By using our services you are submitting that you have read, understand and accept the Terms of Use. 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. 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, in the App, 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, 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. (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 Jiseki Health (“Providers”).  Jiseki Health does not participate in the interaction between you and  Providers  and does not have control over the quality, reliability, timing, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Providers, and does not monitor or control whether any participant, including registered users and/or visitors to the Site or the App, are who they claim to be.  Jiseki Health makes no representations about any of these and assumes no responsibility for any of them as more fully set forth below.  JISEKI HEALTH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH SERVICES.

  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 and App) 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 content you may have in your possession (and any copies thereof).  Jiseki Health may limit the number of connections you may have with the Providers, or in certain circumstances, prohibit you from contacting them through use of the Services, and/or may otherwise limit your use of the Services. 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). 

  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-licenseable and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, the information you provide, directly or indirectly to Jiseki Health, including, without limitation, user-generated content, ideas, concepts, techniques and/or data.  Any information you submit to us is at your own risk of loss.

  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 allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations (SPAM).

  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. You agree not to engage in any activity that would constitute copyright infringement with respect to content or services. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent. You may, however, use the services as they are designed and intended to be used, including those features which may permit you to post content through other third party applications and mediums (such as Facebook or Twitter), so long as those posts do not violate other terms of the agreement.

 

If you believe any materials accessible on or from Jiseki Health infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us and providing us with information sufficient to enable this removal. Please contact us at: support@jisekihealth.com.

  1. Third Party Sites.

 We may provide links to third-party websites. We are not obligated to review any third-party websites that you link to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk, and you must follow the privacy policies and terms and conditions for those third-party websites.

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

You must carefully read our full Privacy Policy, available on our website (www.jisekihealth.com) and incorporated by reference into these Terms of Use.  As part of the using the 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.

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

THE SERVICES ARE NOT INTENDED TO PROVIDE A SUBSTITUTE FOR YOUR OWN SOUND, REASONABLY AND PRUDENT JUDGMENT. PERSONS USING THE SERVICES ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES, MATERIALS AND OTHER INFORMATION PROVIDED AND AGREE THAT JISEKI HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THEIR USE.

  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 FEE THAT YOU PAID FOR A JISEKI HEALTH Service, IF ANY, OR U.S. $50, WHICHEVER IS GREATER.

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

  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 Santa Clara, California.

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

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

 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. 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. 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.

 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 Site, and/or other Services will survive the expiration or earlier termination of these Terms of Use.

  1. Contacting Us

If there are any questions regarding these Terms of Use, you may contact us using the information below. Our preferred method of contact is via email at support@jisekihealth.com.
Alternatively you may write to us at the following address:

2100 Geng Rd #210

Palo Alto, CA 94303

jisekihealth.com

Updated June 7, 2017