THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES USERS TO SUBMIT ALL DISPUTES WITH JUST CARE TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, PRECLUDES USERS FROM BRINGING JURY TRIALS OR CLASS ACTIONS AGAINST JUST CARE, AND LIMITS THE REMEDIES AVAILABLE TO USERS IN THE EVENT OF A DISPUTE.
1. JUST CARE CONTENT
a. Our license to you: Subject to the terms and conditions of these Terms, Just Care provides you with a limited, non-exclusive license to use the Site for your personal, noncommercial use only and as expressly permitted by the features of the Site. Just Care may terminate this license at any time for any reason or no reason.
b. Just Care Content: Except for content a User submits, posts, displays, or otherwise makes available on the Site (“User Content”), as between us and each User, all materials on the Site and the Site itself and all Intellectual Property Rights contained therein or related thereto, are the property of Just Care and/or its licensors (together "Just Care Content"). Except as expressly provided in these Terms, you may not sell, license, modify, copy, perform or otherwise exploit the Just Care Content without our permission.
c. Definition of Intellectual Property Rights: For the purposes of these Terms,
“Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
d. Feedback you provide: You may choose to or we may invite you to submit comments, ideas or feedback about the Site, including without limitation about how to improve the Site or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Just Care under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Just Care does not waive any rights to use similar or related Feedback previously known to Just Care, or developed by its employees, or obtained from sources other than you.
3. USE OF OUR SITE; USER CONTENT
a. Who can use Just Care: You may use the Site only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Visitors under the age of 13 may visit and use the Site, but may not submit any Content or other personal information on or through the Site. The Site is not available to any Users previously removed from the Site by Just Care.
b. Your responsibility for your use: You are solely responsible for your use of our Site, for any User Content you submit to us, any interactions with other Users, and for any consequences thereof. User Content you submit may be viewable by other Users of the Site. You should only provide Content that you are comfortable sharing with others under these Terms, and that does not violate anythird-party’s rights of any kind, including without limitation, any intellectual property rights, rights of privacy, or publicity rights.
c. Restrictions on User Content: Without limitation of the foregoing, you are solely responsible for the content and context of any materials You post or submit through this Site. You warrant and agree that while using this Site, You will not to post, e-mail, or otherwise make available Content that:
is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
is pornographic or depicts a human being engaged in sexual conduct;
harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
impersonates any person or entity, including, but not limited to, one of our employees, a governmental official, or falsely states or otherwise misrepresents your affiliation with a person or entity;
is false, deceptive, misleading, deceitful, or misinformed;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects others’ ability to use the Site; or
employs misleading e-mail addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site.
d. Reservation of rights: Just Care reserves the right, but is not obligated, to reject and/or remove any User Content that Just Care in its sole discretion, including, but not limited to, violations of these Terms. Just Care reserves the right, but has no obligation, to monitor disputes between you and other Users. Just Care shall have no liability for your interactions with other Users, or for any User’s action or inaction.
e. Changes to the Site: Just Care may, without prior notice, change the Site, add features, or stop providing the Site or features of the Site to you or to Users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination of your use of the Site, you continue to be bound by these Terms.
4. PRIVACY AND SECURITY:
5. THIRD-PARTY LINKS, SITES AND SERVICES:
a. The Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Just Care. Just Care does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Site, you do so at your own risk and You expressly relieve Just Care from any and all liability arising from your use of any third-party website, service, or content.
6. LIMITATION OF LIABILITY:
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JUST CARE, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. UNDER NO CIRCUMSTANCES WILL JUST CARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JUST CARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL JUST CARE, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR.
c. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JUST CARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
d. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
e. The Site is controlled and operated from facilities in the United States. Just Care makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States.
7. MISCELLANEOUS LEGAL TERMS:
a. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Just Care without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
b. Governing Law. You agree that: (i) the Site shall be deemed solely based in New York; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over Just Care, either specific or general, in jurisdictions other than New York. These Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and we agree to submit to the personal jurisdiction of a state or federal courts located in New York, New York, for any actions for which you or we retain the right to seek injunctive or other equitable relief only as described in the Arbitration provision below.
c. Indemnification. You agree to indemnify, hold harmless and, at our option, defend Just Care from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this Site, your violation of these Terms. d. Arbitration: For any dispute you have with Just Care, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Just Care has not been able to resolve a dispute with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration before the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Just Care agree otherwise, the arbitration will be conducted in the county where we reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND JUST CARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
f. Entire Agreement/Severability: These Terms, together with any amendments and any additional agreements you may enter into with Just Care in connection with the Site, shall constitute the entire agreement between you and Just Care concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
g. No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Just Care’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
h. Notice of Procedure for Making a Claim of Copyright Infringement. If you believe that any content or User Content on the Site constitutes work that is owned by you or a third party, and is displayed on the Site without proper authorization, please send the following information to the attention of the Copyright Agent noted below:
an electronic or physical signature of the person authorized to act on
a description of the copyrighted work or other intellectual property that behalf of the owner of the copyright or other intellectual property interest; you claim has been infringed;
a description of where the material that you claim is infringing is located on this Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Just Care USA, LLC
151 Central Park West, 4C
New York, NY 10023
By email: [email protected]
i. Contact: Please contact us at [email protected] with any questions regarding these Terms. These Terms were first published and made effective on June 21, 2016.