JORO TERMS OF USE

Welcome to Joro Healthcare app (the “Joro App” or “the App”) powered by Joro Healthcare, LLC (“us” or “we” or “our”). This App is designed to be used by patients and/or their family members and friends whom the patient would like to invite to participate (a “VIP”) in communicating with their healthcare providers and tracking health status, recovery, and rehabilitation. This document governs the use of the App. You do not have to use the App as part of your treatment, and you may decline to do so.

If you want to review and use the App, these terms of use and the privacy policies referred to herein contain the complete terms and conditions (the “Terms” or “Agreement”) that apply to your use of the App. The App and the content related to the App are collectively referred to as the Joro Materials.

USE OF THE APP REQUIRES AND CONSTITUTES YOUR AGREEMENT TO THESE TERMS. IF YOU DON’T WANT TO AGREE TO THESE TERMS, THEN YOU SHOULD NOT USE THE APP. OTHERWISE, BY ACCESSING OR USING THIS APP, YOU AGREE TO THESE TERMS AND PRIVACY POLICY.

We may revise the App’s Terms from time to time. The terms that are in place at the time of your access to the App will apply. It is your responsibility to review the current terms. Continued use of the App after we amend Terms of Use will be deemed acceptance.

1. Privacy Practices and Privacy Policy

We are committed to safeguarding your privacy online. However, in order for you to fully use the Joro App, you must register, set up an account, and provide certain personal information, such as your name and contact information. Patients who wish to use the App and wish to have third parties use the App must authorize and allow additional use of certain personal and medical information, as well as the sharing of that information with your designated VIPs through the App and/or through related communications. Use of the App by VIPs is also governed by these terms and conditions and Privacy Policy. However, once information is shared with a patient’s designated VIPS, we are no longer responsible for any subsequent disclosure by VIPs of a patient’s private information. To better understand how personal information is collected and used, please review our Privacy Policy {insert link}, which is incorporated into and made a part of this Agreement.

2. Age Limits and Users Under 18

This App is not intended to be used by children under 18. By using and viewing the App, you are representing and warranting that (1) you are an adult and (2) you have the capacity to agree to these Terms.

3. Your Use of the App

To use the App, you must provide us with certain personal information, and you must review this Agreement and indicate your acceptance during the registration process.

All users will be given separate login identifications. You are solely responsible for your account. Our use of any personal information you provide during the account creation process is governed by the Joro App Privacy Policy. You are entirely responsible for maintaining the confidentiality and security of your password and account, and you are solely responsible for the accuracy of all information submitted through your account and all activity carried out under your account. You agree to notify us immediately of any unauthorized use of your account by either sending notifications to [email protected] or other methods as directed by us from time to time. We reserve the right to suspend access to or to close your account or any login in violation of these Terms or otherwise at our sole discretion.

In creating an account, you represent and warrant to us that all information provided is true, accurate and correct. You may not impersonate someone else, create or use an account for anyone other than yourself, misrepresent your age, provide an email address other than your own, or provide health information that is inaccurate or not your own.

You may elect to provide your VIPs (friends, family, loved ones, or other third parties involved in your care) with access to certain information about you, including health records and other information about your treatment and progress through the App. In order to do so, you must provide us with consent designating these individuals, which will confirm your request for the designated individual(s) to have access to the information about you that is collected, generated, and maintained in connection with the App.

4. General Restrictions On Use & Termination

Except as expressly authorized by this Agreement, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the App, or any of the content displayed on App, and you may not create derivative works based on any portion of the App or any of the content posted to the App without our express written consent. Without limiting the generality of these Terms, you specifically agree not to use any portion of the App in connection with any of the following, each as determined in our sole discretion:

  • ∑ Any illegal or unauthorized use or any use that violates any federal, state, or local law or regulation
  • ∑ Commercial use
  • ∑ Defaming, abusing, “stalking” , harassing, or threatening any other person harming minors in any way
  • ∑ Posting, storing, or otherwise using the Joro Materials in connection with any content that is obscene, illegal, or sexually explicit
  • ∑ Falsely stating or misrepresenting your identity or affiliation with another person or entity
  • ∑ Accessing or using the account of another without permission or “hacking” or accessing without permission proprietary or confidential records or those of any other third party
  • ∑ Restricting or inhibiting any other user from accessing or using the Joro App, including, but not limited to, by means of “hacking” or defacing any portion of the Joro App
  • ∑ Infringing any patent, trademark, trade secret, service mark, copyright, privacy right, publicity right, or any other right of another person or entity
  • ∑ Distributing computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or
  • ∑ Interfering with, disrupting, or destroying the functionality or use of any features or portions of the Joro App or the servers or networks connected thereto
  • ∑ Taking any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
  • ∑ Decompiling, reverse engineering, disassembling or otherwise attempting to derive source code from Joro or the Joro App
  • ∑ Removing, circumventing, disabling, damaging or otherwise interfering with security-related features, or features that enforce limitations on use of the Joro App or Joro Materials
  • ∑ Removing any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Joro App
  • ∑ Modifying, copying, publishing, licensing, selling, renting, leasing, lending, transferring or otherwise commercializing any rights to the content posted on the Joro App or any portions thereof , and/or
  • ∑ Violating any other term or condition governing your use of the Joro App or any applicable federal, state, or local law or regulation.
  • ∑ Using any robot, “bot” spider, scraper, web crawler, data mining process, technique, or means, or implementing any other automatic or manual processes to access, copy, compile, or decompile any portion of the Joro Materials.

If you fail to comply with these Terms, we may at any time in our sole discretion and without prior notice to you (i) suspend or terminate your access to and use of the App (ii) deny your access to and use of the App, in whole or in part, and/or revoke any or all of your other rights granted under this Agreement or (iii) take any other action available at law or equity. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the date of termination.

5. Intellectual Property Rights

The App and the content contained therein are protected by copyright, trademark, patent and/or other intellectual property laws. Unless otherwise agreed in writing by us, all text, photographs, videos, and other content appearing on the App, including but not limited to visual interfaces, data, interactive features, graphics, design, compilation, computer code, software, comments, reports and other usage-related data, your account, and all other elements and components of the App are owned by us or our licensors (collectively “Our Content”). Except as expressly permitted by us, You SHALL NOT copy, license, display, distribute, modify, translate, reformat, incorporate into any advertisement, create derivative works based on, publish, or sell any content on the App or any information, software, or services provided by us. Our Content may be modified from time to time by us in our sole discretion. Your use of the App does not grant you any right, title, interest or license to any such intellectual property appearing on the App. Any unauthorized use of the content of the App may subject you to civil or criminal penalties. Except as expressly set forth herein, no license is granted to you for any other purpose other than for personal and non-commercial use of the App. Nothing in this Agreement shall affect any of our rights or the rights of our licensors in the App and any associated IP Rights. Your use of the App does not grant you any right, title, interest or license to any such intellectual property appearing on the App. The names of brands, companies, or products featured or described on the App may be separately protected by trademarks owned and controlled by third parties. No license, right or interest in any trademarks of Joro or any other third party is granted under this Agreement.

6. Liability Limitations

YOU ARE USING THE APP “AS IS” AND “AS AVAILABLE”. IN NO EVENT SHALL WE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH ANY USE OF THE SERVICES, THE APP, THE SOFTWARE AND/OR CODE RELATED TO THE APP, THE PROVISION OF INFORMATION ABOUT A PATIENT THROUGH THE APP TO ANYONE SO AUTHORIZED BY THE PATIENT, NOR YOUR INABILITY TO USE OR ACCESS THE APP OR ANY CONTENT THERETO. ALL CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM ACCRUED OR WILL BE WAIVED. THIS LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTY SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7. Disclaimer of Warranty

THE APP AND ALL CONTENT, INFORMATION, PROGRAMS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE APP ARE PROVIDED TO USER ON AN “’AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURATENESS OR COMPLETENESS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING. WHILE WE HAVE TAKEN REASONABLE STEPS TO ENSURE THAT ALL THE INFORMATION ON THE APP IS ACCURATE, WE DO NOT WARRANT THAT ANY INFORMATION DISPLAYED VIA THE APP IS ACCURATE OR FREE FROM ERROR NOR DO WE WARRANT THAT ANY DEFECTS IN THE APP WILL BE CORRECTED OR THAT USE OF THIS APP WILL PROVIDE SPECIFIC RESULTS. We also assume no responsibility, and shall not be liable for any such damages caused by viruses or other forms on contamination or destructive features that may affect your device, tablet, or other property on account of your access to, use of, or browsing the App.

8. Disclaimer of Content – The App Should not be Substituted for Medical Advice

THE CONTENT AVAILABLE VIA THE APP IS PROVIDED WITH THE UNDERSTANDING THAT THE APP SERVES AS AN INFORMATIONAL TOOL ONLY. THE CONTENT DISPLAYED AND TRANSMITTED ON THE APP IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, NOR IS IT TO BE USED AS MEDICAL DIAGNOSIS OR TREATMENT, WHICH SHOULD BE PROVIDED SPECIFICALLY BY YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONALS. THE APP IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE PARTICIPATING IN ANY TREATMENT.

9. Links To Third Party Apps

The App may contain links to third party sites operated by parties other than us. Such links are provided for your reference only. We do not control such websites and are not responsible for their content. The inclusion of any third party links on the App does not imply any endorsement of the material on such sites or any association with their operators. We encourage you to read the terms of use of any third party sites you visit. Once you leave this App via a link to another site, you will be subject to the privacy policy and terms of use of such other third party sites. You access and use such third party sites, including the content, products or services on those sites, solely at your own risk. We make no representations or warranties with respect to the content, ownership, or legality of any such linked third party site. You agree that we have no responsibility or liability for the availability or security of such external sites or resources, or for the content, advertising, products, or other material available through such third party sites or resources.

10. Indemnity

You agree to indemnify, defend and hold harmless Joro, its affiliates, and their respective officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees) and damages arising out of or relating to (i) Your access or connection to, or use of this App, (ii) Your violation of a third party’s intellectual property or other rights, (iii) any claims alleging facts that, if true, would constitute a breach by You of the terms and conditions of this Agreement, or (iv) injury to persons (including death) or property, including loss or corruption of data caused by You. Joro reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Joro’s defense of such claims. Governing Law This Agreement is made under and shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without giving effect to any conflicts of laws or other principles that provide for the application of the law of another jurisdiction. If we have to bring any action to enforce this agreement against you, it shall be brought in the state or federal courts located in Jefferson County, Kentucky, to which you consent to jurisdiction, and we shall be entitled to recover our reasonable expenses and costs, including but not limited to our attorneys’ fees.

11. General

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under applicable law, then it shall be severed from the Terms and the remainder of the Agreement shall be in full force and effect to the fullest extent possible. You may not transfer or assign your rights and obligations under this Agreement without our prior, written consent, however, we may freely assign this Agreement without restriction. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No waiver shall be enforceable against us unless such waiver is in writing signed by us. This Agreement, together with the Privacy Policy and any related consents or VIP designations you provide, forms the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements pertaining hereto. This Agreement may only be amended by us in writing and will be effective immediately upon posting the revised version to the App. Your use of the App shall be subject to the current version of this Agreement at your time of use of the App as provided herein.

12. Contact Us

Please send any notices, questions, comments, or concerns regarding the App to: [email protected]. REVISION DATE: February 25, 2019