Jetson Health LLC and its affiliates (“Jetson” or “us” or “we”) provide the website and its subpages (the “Site”) linked to this Terms of Service as well as the sale of products and related services available through the Site (the “Services”) to you subject to these Terms of Service (the “Terms”). These Terms establish the terms, conditions, rights and responsibilities applicable to your use of the Site and Services.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE AND SERVICES. BY USING THE SITE AND SERVICES, YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE OR SERVICES.
1. CHANGES TO THESE TERMS AND THE SITE
We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”). Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Site (or any part or Content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.
3. INTELLECTUAL PROPERTY
You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Website or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Jetson or its licensors and Content providers.
4. LICENSE AND ACCESS AND USE
4.1 You may access and use this Site only for your personal use. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in your location. A reference to a product on the Site does not imply that such product or service is or will be available in your location. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product is void where prohibited by law.
4.2 You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.
5. AGE REQUIREMENTS
No one under the age of 18 may use the Site. By using or attempting to use the Site, you represent that you meet the age requirements and that you are able to enter into legally binding contracts, including these Terms.
6. USER CONDUCT
In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Site, you may not cause or permit any person to use the Site or Content for any unlawful purpose. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site.
7. YOUR CONTENT AND COMMENTS
7.1 By submitting any comments, suggestions, questions, postings, web forms, contest entries, and other information and content to us (“Comments”), you also grant to us the worldwide, perpetual, non-exclusive, transferable, sublicensable right and license to use your Comments to market and improve the Site and for other promotional purposes through all sales channels and in all media, whether now known or later created, as we deem necessary. You are solely responsible for all of your Content, and you waive any claim arising from or relating to use of your Comments.
8. CONTENT ACCEPTABLE USE POLICY
8.1 Your use of the Site constitutes your agreement that all Content and Comments that you upload, store, submit and/or use comply with the following guidelines for your use of the Site (“Content Acceptable Use Policy”). You are solely responsible for evaluating all of your Content and Comments against, and ensuring the compliance of, all of your Content and Comments with, the Content Acceptable Use Policy. By uploading Content and/or Comments to the Site, you accept sole liability and responsibility for any of your Content and/or Comments that do not comply with the Content Acceptable Use Policy, the remainder of these Terms and/or any applicable laws.
8.2 We have the right, but do not assume the obligation or responsibility, to monitor Content and Comments, and to determine whether they comply with applicable laws and these Terms, including without limitation the Content Acceptable Use Policy. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, refuse to store, remove, or disable access to any Content or Comments, including without limitation any content or comments that constitute, or are likely to constitute, an infringement, misappropriation, or other violation of the intellectual property or other proprietary rights of any third party.
8.3 General Categories of Prohibited Content and Comments. Your Content and/or Comments violate this Content Acceptable Use Policy and are prohibited from the Site if they:
- contain hateful or racist terms or images or symbols, or glamorize the actions of individuals or groups advocating ethnic cleansing, genocide, or similar activities;
- are harassing, threatening, abusive, libelous, defamatory, or invasive of privacy or publicity rights;
- impersonate another person;
- depict or promote violence or suicide;
- include the likeness of a minor;
- include or reveal the personal information of another person;
- contain a formula, instruction, or advice that could cause harm or injury;
- are vulgar, obscene, profane, pornographic, or otherwise objectionable or in bad taste, as determined by us in our sole discretion; or
- constitute or encourage conduct that would constitute fraud, a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.
8.4 Content and Comments Prohibited Under Intellectual Property Laws. Your Content and Comments also violate this Content Acceptable Use Policy and are prohibited from the Site if they violate or infringe, or may violate or infringe, in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity. Any determination made by us with respect to the applicability of the Content Acceptable Use Policy is made in our sole discretion and is final and binding. If you have questions about whether content or materials you would like to post to the Site may violate the intellectual property or other proprietary rights of another person, you should speak with an attorney.
9.1 To set up an account with us, you will be asked to provide your first and last name, email address, a password, and other personal information as may be required. You also must acknowledge and agree to these Terms to create an account. You must provide accurate information when setting up an account and keep all account information current.
9.2 You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all uses of your password and account, including any unauthorized use. You agree to: (a) keep your password confidential and not share it with anyone else, and (b) immediately notify us of any unauthorized use of your password or account.
9.3 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.
9.4 You acknowledge and agree that we are authorized to act on instructions received through use of your password and account, and that we may, but are not obligated to, deny access or block any transaction made through use of your password or account without prior notice if we believe your password and account are being used by someone other than you, or for any other reason.
10. PRODUCT SALES
10.1 Products. You can place orders for products (“Products”) through the Site. Product orders, sales and returns are subject to our Return Policy, which are incorporated by reference into and made a part of these Terms.
10.2 Product Descriptions. All Product features, content, specifications, and prices described or depicted on the Site are subject to change at any time without notice. The inclusion of any Products on the Site at a particular time does not imply or warrant that these Products will be available at any time. We attempt to ensure that information on the Site are complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or outdated. We make no representation as to the accuracy, completeness, or currency of any information on the Site. For example, Products included on the Site may be unavailable or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice.
10.3 Product Orders and Sales. By placing an order using the Site, you make a binding offer for a contract of sale. We will send an order confirmation email to you. The order confirmation is not an acceptance of the order, but only an acknowledgement that the order was received. The offer is accepted when we confirm that we have shipped the order to you in a second email to you. We do not guarantee the continued availability of any Products found on the Site. We reserve the right, without prior notice, to limit the order quantity on any Product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any Product order.
10.4 Product Subscription. You may select either a monthly subscription (“Monthly Probiotic Subscription”), pre-paid six month subscription (“6 Month Probiotic Subscription”) or pre-paid 12 month subscription (“12 Month Probiotic Subscription”). The Monthly Probiotic Subscription is subject to automatic renewal each month. By purchasing a Monthly Probiotic Subscription you agree and acknowledge that your subscription has an initial and recurring monthly payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by us after the expiration of your payment card. The 6 Month Probiotic Subscription is subject to automatic renewal every six months. By purchasing a 6 Month Probiotic Subscription you agree and acknowledge that your subscription has an initial, up-front payment charge for six months at the price stated on the website, and if not cancelled will recur for six-month periods at the then-current subscription rate for a 6 Month Probiotic Subscription, and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by us after the expiration of your payment card. The 12 Month Probiotic Subscription is subject to automatic renewal every twelve months. By purchasing a 12 Month Probiotic Subscription you agree and acknowledge that your subscription has an initial, up-front payment charge for twelve months at the price stated on the website, and if not cancelled will recur for twelve-month periods at the then-current subscription rate for a 12 Month Probiotic Subscription, and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by us after the expiration of your payment card. 6 Month Probiotic Subscriptions and 12 Month Probiotic Subscriptions are not eligible for discounts or refunds.
10.5 Product Cancellations. You may cancel your Monthly, 6 Month and 12 Month Probiotic Subscription with us at any time, subject to the time frames below. We do not place “holds” on subscriptions. In order to cancel your subscription, you must do one of the following: (a) email us at email@example.com and we will do it for you; or (b) log into your account and follow the cancellation procedures there. There are no cancellation fees. Cancellations must be effected at least 24 hours prior to the billing date of the subscription renewal, which can be found by logging into your account. If you cancel after the subscription renewal date your cancellation will go into effect for the following billing cycle. Cancelling your subscription does not provide you with a refund on any previous orders, nor does it stop a pending charge. 6 Month and 12 Month Probiotic Subscriptions are prepaid in full. If cancelled during the subscription period no refund will be issued, but the subscription will not renew for the next period.
10.6 Delivery, Shipment and Title. We currently only ship Product to the 48 Contiguous United States, Alaska, Hawaii, and Canada. International shipping to other countries is not offered at this time. We will make delivery using a shipment provider of our choosing. You must pay shipping costs, which may depend on variables such as order value and shipping destinations. Shipping costs are displayed at checkout. Until we receive full payment for an order and the order is shipped, title of the goods remains with us. Upon transfer of the Products to the carrier, title and risk of loss passes to you. You should handle Products with care until the transfer of ownership is complete.
10.7 Product Payments. You may choose to pay for Product purchases made through the Site by credit card, PayPal, or any other method that may be supported by the Site from time to time in our sole discretion. We reserve the right to limit the method of payment chosen depending on order value, shipment destination, or other criteria. You are responsible for the payment of all sales taxes.
11. TERMINATION OF ACCESS
11.1 We may, in our sole and absolute discretion and without notice or liability to you or any third party, immediately suspend, limit your access to and/or terminate your access to the Site and/or your account for any reason or for no reason, including without limitation: (a) if we believe in our sole discretion that you have violated these Terms or any applicable laws or regulations; (b) at the request of law enforcement, government agencies or courts; (c) if you ask us to close you’re account; (d) if we discontinue or materially modify the Site (or any part thereof); (e) if unexpected technical or security issues or problems arise; (f) if we believe in our sole discretion that your use or access to the Site or your account may create risk (including but not limited to legal risk) for us, our affiliates, contractual partners, or users; and/or (g) following extended periods of inactivity on your account (six (6) months or longer). Termination of your access to the Site and/or your account may include in our sole discretion, but is not limited to: (x) removal of access to some or all offerings on the Site; (y) the deletion of some or all of your account information and/or other content associated with your use of the Site and/or your account (or any part thereof) from the Site, our servers and/or directories; and/or (z) banning you from using the Site by any available means, including without limitation by blocking your IP address.
11.2 Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Site and/or your account, shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to dispute resolution, and all of the miscellaneous provisions set forth below.
12. PROMOTIONAL AND OTHER INFORMATION
12.1 We may make information regarding specific programs, offers or promotions, which we are conducting, available on our Site. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the Site in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Site in connection with each program, offer or promotion.
12.2 Our Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor orders or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to our Site, and to the products described therein, at any time without notice, including after confirmation of a transaction.
13. JETSON REFERRAL PROGRAM TERMS
13.1 Under the Jetson Referral Program, you are invited to earn rewards by inviting your friends to purchase the products listed on the Site. By participating in the Jetson Referral Program, users agree to abide by these Referral Terms.
13.2 To participate, existing customers (“Referrers”) can visit wearejetson.com/referral to register and refer friends, family members or colleagues who make a purchase from Jetson (“Friends”) by following either of these two methods: (1) complete the online instructions to enter the email address of a Friend you wish to refer and an email will be sent to the Friend by Jetson containing your unique referral link (“Referral Link”); or (2) copying the Referral Link and sending it to Friend(s) by text, social media or your personal email account.
13.3 For each Friend a Referrer gets to sign up for a subscription, the Referrer and Friend will each receive a $10 account credit to use toward a future purchase.
13.4 Credits Referrers receive for referring Friends may not be (i) combined with any other offers, discounts, or promotions; (ii) sold or transferred; or (iii) redeemed for cash.
13.5 To be eligible to participate in the Jetson Referral Program, Referrers must be at least 18 years old. Each referred Friend must be new to Jetson (can't already have an active or inactive Jetson account) and make a purchase through the Referral Link.
13.6 We may suspend, terminate, or change the terms and requirements of the Jetson Referral Program at any time and for any reason. Any reward already earned in accordance with these terms before such change, suspension, or termination will be honored.
13.7 We may also refuse to verify and process any transaction we deem, in our sole discretion, to be fraudulent, suspicious, in violation of these terms, or that we believe may impose potential liability on Jetson, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
13.8 By participating in the Jetson Referral Program, you are agreeing to these terms and all other terms and conditions in these Terms of Service.
Jetson takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from its Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site. You agree to notify Jetson immediately if you discover loss or access to such information by another party not under your control and supervision. Jetson will not be liable for any loss or damage arising from the unauthorized use of your username or password.
You agree to indemnify, defend, and hold Jetson, its affiliates, and its and their licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms of Service by you, including any use of Site other than as expressly authorized in these Terms of Service. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Site, Content, or any other information accessed from this Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE, SERVICES, THE SITE’S CONTENT, AND ALL PRODUCTS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT OF THE LAW, THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING ANY: (A) WARRANTIES THAT THE SITE, SERVICES, SITE CONTENT, AND/OR ANY PRODUCTS PURCHASED ON OR THROUGH THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR SATISFACTION; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE, SERVICES, SITE CONTENT, AND/OR ANY PRODUCTS PURCHASED ON OR THROUGH THE SITE OR SERVICES; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE AND/ OR SERVICES OR ACCESSED THROUGH THE SITE AND/ OR SERVICES; (E) WARRANTIES CONCERNING THE CAPACITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICE; (F) WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE OR UNINTERRUPTED; AND (G) WARRANTIES THAT THE SITE, SERVICES, AND/OR SITE CONTENT WILL BE ERROR-FREE OR THAT ERRORS IN THE SITE, SERVICES AND/OR SITE CONTENT WILL BE CORRECTED. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
17. LIMITATION OF LIABILITY
WE MAY USE THIRD PARTIES TO PROVIDE CERTAIN SERVICES ACCESSIBLE THROUGH THE SITE AND SERVICES. WE WILL NOT BE LIABLE TO YOU FOR THEIR ACTS OR OMISSIONS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF LOSS OF USE, DATA LOSS, OR OTHER INTANGIBLE LOSSES (EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE OR SERVICES, UNDER ANY THEORY OF LIABILITY. YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL IN ALL EVENTS BE LIMITED TO THE GREATER OF FIFTY DOLLARS ($50.00) OR THE INVOICED AMOUNT PAID TO US FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT OF THE LAW.
18. ARBITRATION AND DISPUTE RESOLUTION AGREEMENT
PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
18.1 We are available by email at firstname.lastname@example.org to address any concerns you may have regarding these Terms or the Site. Most concerns may be quickly resolved in this manner. We and you (each a “party” and together, the “parties”) shall use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
18.2 If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section 14.1 above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, construction, validity, interpretation, performance and enforceability) and the parties’ relationship with each other shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.
18.3 THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.
18.4 THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAT IN COURT.
18.5 CLASS ACTION AND CLASS ARBITRATION WAIVER. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE IN SECTION 18.2 SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
19.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
19.3 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to the Services.
19.4 These Terms do not confer any rights, remedies, or benefits upon any person other than you.
19.5 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
19.6 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
19.7 If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
19.8 Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.
19.9 Discontinuation of use of the Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.
20. OTHER AGREEMENTS
If you have entered into a separate agreement with Jetson with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.
Please contact us with any questions regarding the Site or these Terms at:
Jetson Health LLC
401 N. Michigan Avenue, Suite 3300
Chicago, Illinois 60611