© COPYRIGHT 2011 Jill’s List, Inc. ALL RIGHTS RESERVED.
Last Updated on JulY 29, 2011
1. SITE USERS. Two types of users may access the Site and use the Services – "Visitors" and "Registered Users."
2. USE OF CONTENT AND SERVICES AVAILABLE THROUGH THE SITE.
A. Content. The Site contains a wide variety of Content (defined below), whether (1) proprietary to Jill’s List, or (2) proprietary to third parties, such as Content uploaded, submitted, posted, or otherwise published on the Site by a Registered User, generated by a Registered User, and/or transmitted by a Registered User through the Site (collectively, “Registered User Content”), or Content proprietary to our commercial partners. “Content” includes, but is not limited to text, software, scripts, data, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that you may view or access through the Site, and Registered User Content. You understand that Jill’s List does not control the Content posted by Registered Users or other third parties on the Site (including the content of any messages, reviews, or recommendations), and does not guarantee the accuracy, safety, integrity or quality of such Content. You further understand and agree that you may be exposed to Content that is offensive, indecent, or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Jill’s List with respect thereto. Under no circumstances will Jill’s List be liable in any way for any Content, including any errors or omissions in any Content or any Content that is libelous or defamatory, or any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content.
B. Services. Through the Site, we offer (1) to Visitors and to Registered Users free of cost access to a directory of health treatments and health practitioners and organizations as well as user generated ratings, reviews and recommendations, information about a variety of healthcare disciplines, advertising and special promotional offerings, and corporate and investor information and (2) to Registered Users only, access to an online, patient-centric referral, scheduling and collaboration system that allows patients, practitioners, and health care organizations like hospitals to make appointments, track appointments and encourage communication and collaboration between patients, practitioners, and health care organizations like hospitals by using our proprietary calendar, notes, referral and prescription reminder tools (“Jill’s List Tools”) (collectively, the “Registered User Services”).
C. Restrictions on Your Use of Content. The following restrictions apply to your use of Content:
i.The Content and the trademarks, services marks and logos on the Site are owned by or licensed to Jill’s List, subject to copyright and other intellectual property rights under the law.
ii. Content is provided to You AS IS. You may access Content for your information and use solely as intended through the provided functionality of the Site and as permitted under this Agreement. You shall not use Content in any manner that infringes our or any third party's intellectual property rights, or other proprietary right or rights of publicity in or to the Content. All rights not expressly granted herein by Jill’s List and/or its licensors to you are reserved by Jill’s List and/or its licensors.
iii. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site and/or Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site or contained in a file that is uploaded to the Site.
3. PROPRIETARY RIGHTS RESTRICTIONS.
A. All material on the Site, including, but not limited to, Content, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, Jill’s List Tools, or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Jill’s List or other parties that have licensed their material to Jill’s List, and are protected by copyright, trademark, and other intellectual property laws. All Jill’s List trademarks and service marks, logos, slogans and taglines are the property of Jill’s List. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as specifically permitted in our Badges Usage Guidelines, nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site without the express written permission of Jill’s List, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
B. Except as otherwise specifically permitted herein or in the agreement presented to and accepted by Registered Users that are consumers (the “Patient User Agreement”) or by Registered Users that are practitioners or organizations (“Practitioner/Organization User Agreement”), the Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Jill’s List or such third-party that owns the Materials. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than as specifically permitted herein or in the applicable Registered User agreement without the prior consent of Jill’s List or its licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
5. VISITOR/USER SUGGESTIONS. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Jill’s List (“Comments”) are not confidential and you hereby grant to Jill’s List a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
6. COPYRIGHT COMPLAINT POLICY. If you believe that any Content infringes your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.
7. LINKS TO THIRD PARTY SITES AND SERVICES; NO IMPLIED ENDORSEMENT. This Site contains links to other web sites owned by third parties, including sites maintained by our advertisers. Please note that when you click on any of these links, you are entering another web site for which Jill’s List has no responsibility or control. You agree that Jill’s List shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on our Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
8. Medical Disclaimer. JILL’S LIST IS NOT A MEDICAL REFERRAL SERVICE AND DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR MEDICAL OR WELLNESS TREATMENT OF ANY KIND OR ANY PRACTITIONER. JILL’S LIST DOES NOT OFFER ADVICE REGARDING THE SUITABILITY OR APPROPRIATENESS OF ANY MEDICAL OR WELLNESS TREATMENT FOR ANY MEDICAL CONDITION. NEITHER THE SITE, THE SERVICES, NOR ANY OF THE INFORMATION CONTAINED HEREIN IS INTENDED TO BE, NOR SHOULD IT BE CONSTRUED AS A SUBSTITUE FOR PROFESSIONAL HEALTH OR MEDICAL ADVICE. JILL’S LIST (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM (A) YOUR USE OF OR RELIANCE ON THE SITE, THE SERVICES, OR THE INFORMATION CONTAINED HEREIN AS A HEALTH REFERENCE SOURCE, (B) ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY THIRD PARTY PROVIDER, PARTNER OR AFFILIATE FEATURED ON THIS WEB SITE, OR (C) ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE THEREOF. SHOULD YOU HAVE ANY MEDICAL OR HEALTH CARE RELATED QUESTIONS, OR IF YOU HAVE ANY REASON TO SUSPECT THAT YOU HAVE ANY CONDITION THAT MIGHT REQURIE MEDICAL ATTENTION, JILL’S LIST ADVISES YOU TO SEEK APPROPRIATE MEDICAL ATTENTION AND CARE PROMPTLY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSIONAL BEFORE EMBARKING ON ANY NEW TREATMENT, DIET, FITNESS OR WELLNESS PROGRAM.
Information you provide is not protected under confidentiality laws that protect physician-patient communications, so Please carefully select what you choose to disclose. we are committed to protecting the personal information we receive from you and use reasonable security measures to maintain the security of such information, however, we cannot fully eliminate security risks associated with the transmission of personal information through online transactions, and you do so at your own risk.
9. DISCLAIMER OF WARRANTY. ACCESS TO THE SITE, THE SERVICES, THE MATERIALS, AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR DOWNLOADED THEREFROM IS PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JILL’S LIST AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER JILL’S LIST NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES JILL’S LIST AND ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE, THE SERVICES OR ANY OF THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES OR DOWNLOADED THEREFROM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE SERVICES AND YOUR RELIANCE UPON THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE, THE SERVICES OR DOWNLOADED THEREFROM IS AT YOUR SOLE RISK. FURTHER, JILL’S LIST AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SITE OR THE SERVICES OR THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES OR DOWNLOADED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE OR THE SERVICES OR ANY MATERIALS OR TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.NEITHER JILL’S LIST NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM JILL’S LIST OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. LIMITATION OF LIABILITY. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES OR ITS MATERIALS OR TECHNOLOGY, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF JILL’S LIST OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE JILL’S LIST AND HOLD JILL’S LIST AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE SERVICES OR ITS MATERIALS OR TECHNOLOGY. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
11. EXCLUSIVE REMEDY. IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR ANY OF ITS MATERIALS OR TECHNOLOGY, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES, THE MATERIALS AND/OR THE TECHNOLOGY. UNDER NO CIRCUMSTANCES SHALL JILL’S LIST, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF SITE, THE SERVICES OR ANY OF ITS MATERIALS OR TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS, ANY INFRINGEMENT BY THE MATERIALS, AND/OR THE TECHNOLOGY OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE ,THE SERVICES OR ANY OF MATERIALS OR TECHNOLOGY AVAILABLE THEREON. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
A. The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the COMMONWEALTH OF MASSACHUSETTS without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Boston, Massachusetts, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
C. In the event any of the terms or provisions of this Agreement are determined to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature.
E. A printed version of this Agreement and of any related Notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.