Effective Date: May 20, 2020
This Terms of Service (the “Agreement”, “Terms of Service” or “Terms”) is a legal agreement entered into by and between You (“you”, “your” or “User”) and Jenny Life, Inc. (“Jenny Life”, “we,” or “us”) and our affiliates, to the extent expressly stated. This Terms of Service governs your access to and use of the Jenny Vax Mobile App (the “App”).
Please read these terms of service carefully before you start to use the app. By accessing, downloading, copying, or otherwise using the app, you accept and agree to be bound and abide by these terms. If you do not want to agree to these terms of service you must not access or use the app.
The App is available only to users who are at least 18 years old and residents of the United States. By using the App, You agree that you are at least 18 years old and a resident of the United States. Jenny Life makes no representations that App is appropriate or available for use outside of the United States. Those who access or use the App from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations.
In order to access or use the App, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the App is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the App and your license to use the App will be immediately revoked.
We reserve the right to update or modify these Terms of Service at any time and for any reason, without penalty or liability to you or any third party. By continuing to use the App after any such changes, you agree to follow and be bound by the Terms changed. For these reasons, we encourage you to periodically review these Terms.
The App is licensed, not sold, and Jenny Life reserves all rights not expressly granted in this Agreement. Subject to the terms and conditions hereof, Jenny Life grants You a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to download and use the App on a mobile device that You own or control.
Except as specifically provided herein, You may not:
— (i) distribute or make the App available over a network where it could be used by multiple devices at the same time;
— (ii) copy the App;
— (iii) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the App, except as otherwise permitted by law; or
— (iv) rent, loan, sub-license, lease, distribute or attempt to grant other rights to the App to third parties.
All of the contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) featured in or through the App are owned by the Jenny Life, 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. Such content may be amended from time to time, and as incorporated herein by this reference.
The Jenny Life name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of Jenny Life or its affiliates or licensors. You must not use such marks without the prior written permission of Jenny Life. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.
All rights not expressly granted herein are reserved to jenny life.
Jenny Life offers the App for general informational and educational purposes only. Any health-related content residing on the App describes general principles of health care that should not be construed as specific instructions for individual patients. It is for reference only and not intended as a substitute for a consultation with your physician. Nothing related to the App is intended as medical advice nor should be used for diagnosis or treatment. The App is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. If you have questions or concerns about your health, please contact your healthcare professional.
You understand and agree that in no event will jenny life be liable for any decision made or action taken in reliance on the information contained on, or accessible through the app. Any reliance on any information provided by, or otherwise appearing on, the app is solely at your own risk.
The app and any information provided on the app are not intended to constitute the practice of or furnishing of medical, nursing, or professional health care advice, diagnosis, consultation or treatment or services in any jurisdiction.
Neither Jenny Life nor any of its parents, affiliates, franchisees, suppliers, agents, promotional partners, vendors or contractors, any of their successors, or any of their respective officers, directors or employees (collectively the “Jenny Life Parties”) will be liable for losses or damages arising from or in any way related to Your access to or use of the App.
To the maximum extent permitted by applicable law, jenny life and the jenny life parties are licensing the app “as is,” “as available,” and “with all faults.” neither jenny life nor the jenny life parties make any representations or warranties about the suitability, reliability, timeliness, and accuracy, for any purpose, of the app, the operation of the app alone or in conjunction with any device, or the content contained herein. Jenny life and the jenny life parties disclaim all warranties, either express or implied, regarding the app and its operation and expressly disclaims the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Without limiting the generality of the foregoing, jenny life shall have absolutely no liability in connection with the app for:
A. Damages as a result of failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or device failure or malfunction;
B. Any loss or injury caused, in whole or in part, by the jenny life’s actions, omissions, or negligence, or for contingencies beyond jenny life’s control, in procuring, compiling, or delivering information contained on, or accessible through the app;
C. Any errors, omissions, or inaccuracies in the information regardless of how caused, or delays or interruptions in delivery of information contained on, or accessible through the app;
D. Any decision made or action taken or not taken in reliance upon information contained on, or accessible through the app.
To the maximum extent not prohibited by law, in no event shall jenny life or the jenny life parties be liable for any consequential, indirect, incidental, punitive, special or other related or similar damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, and the like connected with the use of or inability to use the app, and for any cause of action, including contract, tort (including negligence) or otherwise, even if jenny life or the jenny life parties has been advised of the possibility of such damages.
Any damages arising under this agreement or the use of the app that jenny life or the jenny life parties is required to pay for any purpose whatsoever, including without limitation, contract, tort (including negligence) or otherwise, shall be limited to twenty five dollars ($25.00). Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you under the laws of those states. No action, regardless of form, whether in court or through arbitration, arising out of any transaction under this agreement, may be brought by you more than one year after you have knowledge of the occurrence which gives rise to the cause of such action.
You agree to indemnify and hold harmless Jenny Life, the Jenny Life Parties, and their affiliates, officers, directors, employees, consultants, agents and anyone providing information or software used in the App from any and all claims arising from, related to, or incidental to Your use of the App.
This Agreement is effective until terminated. Jenny Life may immediately terminate the Agreement at any time at its sole discretion with or without notice to You. Additionally, Your rights under the Agreement will terminate automatically if You fail to comply with any term(s) of this Agreement. Upon termination, all legal rights and licenses granted to You hereunder shall terminate immediately and You shall cease all use of the App and destroy all copies of the App. All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.
The App may contain links to third-party Apps, products, or App, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their Apps, products, or App. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The App may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the App.
This Terms of Service shall be governed by the laws of the Delaware in the United States, without giving effect to the Delaware’s choice of law principles. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Delaware for all disputes arising out of or relating to this Agreement. If any action is brought to enforce, or arises out of, the Agreement or any term, clause, or provision hereof, the prevailing party shall be awarded its reasonable attorney’s fees together with expenses and costs incurred with such action.
No waiver by Jenny Life of any term or condition set out in this Agreement 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 Jenny Life to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of this Agreement 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 of Service will continue in full force and effect.
Jenny Life may assign, transfer, sell, rent or lend this Agreement, in whole or in part, at any time without notice to You. You may not assign this Agreement or any part of it or any rights to use the App, in whole or in part, either temporarily or permanently, to any other party. Any attempt to do so is void.
In connection with the Terms of Service, you may be entitled to receive certain communications from Jenny Life or our Affiliates, such as notices and communications, via e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
This Terms of Service constitutes the sole and entire agreement between you and Jenny Life regarding the App and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, the extent they relate in any way to the subject matter hereof and thereof, including the App.