Cancellation Policy for JRNYS Telemedicine Services
Effective Date: January 1, 2023
At JRNYS, we understand that circumstances can change, and flexibility is essential. Our cancellation policy is designed to be fair to both our clients and our service providers. We kindly ask you to read and understand our policy regarding appointment and subscription cancellations.
Subscription Cancellation
1. Notice Period: Subscribers are required to give a notice of at least 7 days prior to their next billing cycle for cancellation of their subscription. This can be done through our contact form or automatically through the patient portal.
2. Method of Cancellation: Subscribers can cancel their subscription through their account dashboard on our website or by contacting our customer support team.
3. Refunds: No refunds will be issued for cancellations made within 7 days of the next billing cycle. For cancellations made with more than 7 days' notice, a prorated refund will be provided based on the remaining days in the current billing cycle.
4. Effect of Cancellation: Upon cancellation, subscribers will continue to have access to JRNYS services until the end of their current billing cycle.
5. Your initial telehealth fee of $89 will not be refunded if your medical profile has been reviewed by a doctor. Medical reviews take your provider a significant amount of time and as such we cannot initiate a refund for a visit that has been completed.
Product Cancellation
Due to the sensitive nature of medical products and the paramount importance of maintaining their sterility, we are unable to accept returns of any medical products once they have been shipped. This policy is in place to protect our customers and ensure that all products received are safe, sterile, and have not been compromised in any way.
Appointment Cancellation
1. Rescheduling: If you need to reschedule an appointment, please do so at least 24 hours in advance.
2. Late Cancellations and No-Shows: Appointments canceled less than 24 hours before the scheduled time or missed appointments without notice will incur a medial fee of $25 per visit charged to the card on file
Exceptions
We understand that emergencies happen. If you need to cancel due to an emergency, please contact our customer support team to discuss your specific situation.
Changes to Policy
JRNYS reserves the right to modify this cancellation policy at any time. Changes will be effective immediately upon posting on our website.
For any questions or assistance regarding this policy, please contact our customer support.
JRNYS Self Injection Consent Form
I, the undersigned patient, hereby acknowledge that I have been informed about the option of self-injecting medication prescribed by my healthcare provider. I understand that self-injection involves certain risks, responsibilities, and requirements for safe administration and I understand if I have any uncertainty I am able to book a virtual meeting with a JRNYS nurse through my patient portal.
By clicking below, I acknowledge that I have read and understood the information provided and agree to follow the guidelines outlined herein.
Responsibilities and Risks:
Proper Administration: I understand that it is my responsibility to administer the prescribed medication following the provided instructions accurately. Any errors in administration may affect the efficacy of the medication.
Hygiene and Sanitation: I acknowledge the importance of practicing proper hygiene before and during the injection process to reduce the risk of infections. I will clean the injection site as directed and use a new, sterile needle for each injection.
Reporting Adverse Reactions: I agree to promptly report any adverse reactions or unexpected side effects to my healthcare provider or the company. This includes any discomfort, redness, swelling, or other symptoms that may occur at the injection site.
Storage: I will store the medication as instructed, adhering to temperature requirements and guidelines provided by my healthcare provider and the medication's packaging.
Emergency Contacts: I will keep emergency contact information readily available in case of any complications, adverse reactions, or uncertainties during the self-injection process.
Release of Liability:
I understand that there are inherent risks associated with self-injection, including but not limited to infections, allergic reactions, incorrect administration, and other unforeseen complications. By clicking below, I release and hold harmless [Company Name], its employees, officers, directors, and representatives from any and all claims, liabilities, damages, or injuries that may arise from my self-injection activities.
Indemnification:
I agree to indemnify and defend JRNYS Wellness LLC from any claims, demands, or actions arising out of or in connection with my self-injection activities, including but not limited to claims for negligence, injury, or breach of any terms outlined in this consent form.
Telehealth Consent & Open Payments notice
INFORMED CONSENT REGARDING USE OF TELEHEALTH
Last updated: September 2nd, 2023
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE OR OTHERWISE AFFIRMATIVELY ACCEPTING THIS CONSENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS CONSENT. IF YOU DO NOT AGREE TO THIS CONSENT, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THIS CONSENT ON YOUR BEHALF.
IF YOU ARE EXPERIENCING A LIFE-THREATENING SITUATION SUCH AS CONTEMPLATING SUICIDE, CALL 911 OR THE 988 SUICIDE & CRISIS LIFELINE AT 988.
PURPOSE
The purpose of this consent form (“Consent”) is to provide you with information about telehealth and to obtain your informed consent to the use of telehealth in the delivery of healthcare to you by physicians, physician assistants, nurse practitioners (“Providers”) using the online platforms owned and operated by JRNYS Wellness, Inc. and/or its subsidiaries (the “Service”). In this Consent, the terms “you” and “yours” refer to the person using the Service, or in the case of a use of the Service by or on behalf of an individual minor between the ages of thirteen (13) and eighteen (18) or higher age of majority under applicable state law, “you” and “yours” refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized.
USE OF TELEHEALTH
Telehealth involves the delivery of healthcare using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to, one or more of the following: electronic transmission of medical records, photo images, personal health information or other data between a patient and a provider; interactions between a patient and provider via audio, video and/or data communications (such as messaging or email communications); use of output data from medical devices, sound and video files. Alternative methods of care may be available to you, such as in-person services, and you may choose an alternative at any time. Always discuss alternative options with your Provider.
ANTICIPATED BENEFITS
The use of telehealth may have the following possible benefits: making it easier and more efficient for you to access medical care or other services and treatment for the conditions treated by your Provider(s); allowing you to obtain medical care or other services and treatment by Provider(s) at times that are convenient for you; and enabling you to interact with Provider(s) without the necessity of an in-office appointment.
POTENTIAL RISKS
There are also potential risks associated with the use of telehealth and other technology. These risks include, but may not be limited to the following: the quality, accuracy or effectiveness of the services you receive from your Provider could be limited; technology, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology, including the Service, unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost; failures of technology may also impact your Provider(s) ability to correctly diagnose or treat your condition; the inability of your Provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the Provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you; your Provider(s) may not able to provide treatment for your particular condition and you may be required to seek alternative healthcare or emergency care services; delays in medical evaluation/treatment could occur due to unavailability of your Provider(s) or deficiencies or failures of the technology or electronic equipment used; the electronic systems or other security protocols or safeguards used could fail, causing a breach of privacy of your medical or other information; data stored and communicated electronically, for example, through email communications, may be more susceptible to unintended disclosure of protected health information to third parties; given regulatory requirements in certain jurisdictions, your Provider(s) diagnosis and/or treatment options, especially pertaining to certain prescriptions, may be limited; a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
LIFE THREATENING AND OTHER EMERGENCY SITUATIONS; FOLLOW-UP CARE
If you are experiencing a life-threatening situation such as contemplating suicide, call 911 or the 988 Suicide and Crisis Lifeline at 988. If the situation is an emergency, call 911. In some situations, telehealth is not an appropriate method of care. If you require immediate or urgent care, you must seek care at an emergency room facility or other provider equipped to deliver urgent or emergent care. Providers may not respond promptly to communications you submit through the Service. If you are not experiencing an emergency or do not require immediate or urgent care, you can communicate with Providers through the secure message service in the Service.
If a technical failure prevents you from communicating with your Providers through the Service, you should call the following number: (512) 960-1075 (M-F 8AM – 6PM CST).
DATA PRIVACY AND PROTECTION
The electronic systems used in the Service will incorporate network and software security protocols to protect the privacy and security of your information and will include measures to safeguard data against intentional or unintentional corruption. Personal information that identifies you or contains protected health information will not be disclosed to any third party without your consent, except as authorized by law for the purposes of consultation, treatment, payment/billing, certain administrative purposes, and as required by law to disclose to other persons and agencies certain information obtained during the provision of mental health services (e.g., danger to self or others; mandatory reporting of child, elder, or vulnerable adult abuse) or as otherwise set forth in your Provider's Notice of Privacy Practices.
Use of the Service may include email communications to and from you that may include your protected health information. You understand that JRNYS does not and cannot guarantee the security or privacy of the services you use to receive communications, including for example your email service provider.
LABORATORY PRODUCTS AND SERVICES
Certain healthcare services provided to you by Providers via the Service may require that you complete an at-home diagnostic test. These diagnostic tests are provided by third-party laboratories, and neither JRNYS Wellness, Inc. and its subsidiaries (collectively, “JRNYS”), nor your Provider(s) can guarantee the accuracy or reliability of these tests.
These laboratory tests can provide false negative, false positive, or inconclusive results that could impact your Provider(s) ability to correctly diagnose or treat your medical conditions. A failure or defect of these tests could also impact your Provider(s) ability to correctly diagnose or treat your medical conditions.
OPEN PAYMENTS NOTICE
For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services Open Payments web page is provided here.
The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical device, and biologics to physicians and teaching hospitals be made available to the public.
The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.g...;
YOUR ACKNOWLEDGMENTS
By clicking “I Agree”, checking a related box to signify your acceptance, using any other acceptance protocol presented through the Service or otherwise affirmatively accepting this consent, you are agreeing and providing your consent with respect to the following: Healthcare services provided to you by Providers via the Service will be provided by telehealth. In some cases, your treating Provider may be a nurse practitioner or physician assistant and not a physician, and you agree to be treated by non-physician providers, if applicable, by using the Service.
Technology used to deliver care, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s).
Certain diagnostic testing services, including laboratory products and services offered through the Service, may contain defects, including ones which may limit functionality or produce erroneous results, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s).
The delivery of healthcare services via telehealth is an evolving field and the use of telehealth or other technology in your medical care and treatment from Provider(s) may include uses of technology different from those described in this Consent or not specifically described in this Consent.
No potential benefits from the use of telehealth or other technology or specific results can be guaranteed, including any laboratory testing results or related diagnosis or treatment by your Provider(s).
Your condition may not be cured or improved, and in some cases, may get worse.
There are limitations in the provision of medical care or other services and treatment via telehealth and technology, including the Service, and you may not be able to receive diagnosis and/or treatment through telehealth for every condition for which you seek diagnosis and/or treatment.
There are potential risks to the use of telehealth and other technology, including but not limited to the risks described in this Consent. You have the opportunity to discuss the use of telehealth, including the Service, with your Provider(s), including the benefits and risks of such use and the alternatives to the use of telehealth.
You understand that there will be no recording of any online treatment sessions by your Provider(s) or you.
Your Provider(s) will assess your medical condition and, in their sole discretion, may determine it is medically appropriate to diagnose and/or treat your condition via telehealth and whether you maintain sufficient knowledge and skills in the use of technology appropriate to diagnosing and/or treating your condition via telehealth.
By continuing to use the Service, you concur with your Provider’s medical assessment and agree to receive a diagnosis and/or treatment via telehealth technology. You have the right to withdraw your consent to the use of telehealth in the course of your care, without prejudice to any future care or treatment and without risking the loss or withdrawal of any health benefits to which your entitled, but you understand that the Providers who utilize the Service do not offer in-person treatment.
Any withdrawal of your consent will be effective upon receipt of written notice to your Providers, except that such withdrawal will not have any effect on any action taken by JRNYS or your Provider(s) in reliance on this Consent before it received your written notice of withdrawal.
Any withdrawal of your consent will not affect any other provision of this Consent, and you will continue to be bound by this Consent.
You understand that the use of the Service involves electronic communication to and from you of your personal medical information in connection with the provision of telehealth services, including through email. You understand that it is your duty to provide JRNYS and your Provider(s) truthful, accurate and complete information, including all relevant information regarding care that you may have received or may be receiving from healthcare and/or mental health providers including emergency contact information for your local healthcare and/or mental health providers. You understand that each of your Provider(s) will assess your medical condition and, in their sole discretion, may determine it is medically appropriate to diagnose and/or treat your condition using telehealth technology, including the Service.
By continuing to use the Service, you concur with your Provider’s medical assessment and agree to receive a diagnosis and/or treatment via telehealth technology.
You understand that each of your Provider(s) may determine in their sole discretion that your condition is not suitable for diagnosis and/or treatment using telehealth technology, including the Service, and that you may need to seek care and treatment from a specialist or other healthcare or mental health provider, outside of such telehealth technology.
JRNYS Wellness, has commercial relationships with Scriptco, LLC. dba Scriptco. & various other pharmacies. JRNYS Wellness, has a financial relationship with the entity that employs or contracts with your Provider.
You are free to obtain your medical examination from another healthcare provider that is not associated with JRNYS.
JRNYS, will use its pharmacy partners to fulfill your order directly to your door. You are free to obtain your prescription from any pharmacy of your choice by contacting our support team.
Prescriptions may be filled by and transferred between any pharmacy partners on your behalf.
You must pay the full amount of the costs associated with use of the Service, including any prescription you may receive, and you will not attempt to submit a claim to Medicare, any other federal payor, or any state or private insurer.
If you have a concern about a medical professional, you may contact the Medical Board in your state regarding your concerns.
Special Notice to California Clients. Physicians and midwifes are licensed and regulated by the Medical Board of California. To confirm a license or file a complaint, go to www.mbc.ca.gov or call (800) 633-2322.
PRIVACY POLICY
Latest Revision: May 15, 2023
Introduction
This Privacy Policy pertains to the operations of JRNYS Wellness Health, Inc. and its subsidiaries ("JRNYS Wellness," "we," or "us"), encompassing websites at https://jrnys.com as well as potential present or future mobile applications associated with JRNYS Wellness and/or Hers (collectively referred to as the "Platform"). Your use of the Platform, its components, associated content ("Content"), products/services offered by JRNYS Wellness, and any affiliated sites, software, or applications owned or managed by JRNYS Wellness (collectively including the Platform and Content, the "Service") is governed by this Privacy Policy, unless explicitly stated otherwise. Any terms not defined in this Policy can be understood as per the JRNYS Wellness Terms and Conditions.
We are dedicated to respecting user privacy while utilizing our Service. We have formulated this Privacy Policy to elucidate how JRNYS Wellness collects, employs, and discloses information in the context of providing the Service.
Upon establishing an account, registering, or logging in through the Service, or by accessing/utilizing the Service, you acknowledge the latest version of this Privacy Policy. If any modifications are made to our Privacy Policy, we will post the updated version and revise the "Last updated" date accordingly.
Should you employ the Service on behalf of someone other than yourself, you warrant that you are authorized to act on their behalf and that they comprehend and agree to the principles and policies delineated in this Privacy Policy.
Usage Restrictions for Minors
Our Service is generally intended for use by individuals aged 18 years or older, or as stipulated by applicable state laws. Individuals between 13 and 18 years of age (or an older age as specified by majority age regulations) may utilize the Service solely for securing a medical consultation regarding acne treatment with topical skincare products (as available) provided a parent/legal guardian consents in accordance with our Terms and Conditions and the Service requirements. The Service is not devised for, or aimed at, children under 13. If we become aware that we've gathered personal data from someone under 13, we will make reasonable efforts to cease further use of such information.
Moreover, if you're under 16, you (or your parent/legal guardian if under 13) may request the removal of content/information about you on the Platform. To make such a request ("Minor Information Removal Request"), you can:
Via mail: JRNYS Wellness Health, Inc., Attn: Privacy Officer, 515 Congress Avenue, Suite 1515, Austin, Texas, 78701, with "Removal of Minor Information" in the subject line. Use U.S. Certified Mail for confirmation.
Via email: support@jrnys.com with "Removal of Minor Information" in the subject line.
For each Minor Information Removal Request, state "Removal of Minor Information" in the subject line and specify:
The nature of the request
The content/information to be removed
Content/information location on the Platform (e.g., URL)
That the request is for "Removal of Minor Information"
Your name, address, city, state, zip, email, and preferred response mode (mail/email)
Note that we don't accept Minor Information Removal Requests via phone/fax. Non-compliant/incomplete requests won't be processed.
However, note that we might not erase or allow erasure of such data in specific instances, such as legal obligations, medical record storage, third-party postings, anonymization, or non-compliance with removal instructions. The above doesn't confirm JRNYS Wellness' adherence to Children's Online Privacy Protection Act or similar laws.
Protected Health Information
When creating a JRNYS Wellness account, you establish a customer relationship granting access to Platform functions. You offer data like name, email, shipping, and transaction info, not classified as "protected health information" or "medical information."
In certain Service components, you might provide health/medical data protected under laws. JRNYS Wellness isn't a "covered entity" under HIPAA, though Labs, Pharmacies, or Medical Groups (as in our Terms and Conditions) might be. HIPAA might not apply to your interactions with JRNYS Wellness. If deemed a "business associate," JRNYS Wellness could follow HIPAA's provisions concerning "protected health information" ("PHI") shared with JRNYS Wellness, Medical Group, or Providers. Data governed by state laws ("Protected Information") follows applicable laws. Non-protected data is governed by this Privacy Policy. Medical Groups/Providers have Privacy Practices governing Protected Information.
By using the Service, understand that even if HIPAA applies, data you submit for non-treatment purposes isn't Protected Information, governed by our Privacy Policy and relevant state laws.
Gathering of Personal Data
The personal information we amass is contingent upon your interactions with us, the services you utilize, and the choices you make.
We procure details about you from diverse sources and through various methods when you engage with our services. This includes information you directly provide, automatic data collection, third-party data sources, and data we infer or generate from existing data.
Directly Provided Information: We gather personal information that you directly provide to us. For instance:
Name and contact details, like your name, email address, phone number, billing and physical addresses.
Demographic data such as gender, date of birth, and zip code.
Information from third-party websites, networks, platforms, servers, or applications (e.g., Facebook, Twitter, Instagram).
Payment information, such as credit card numbers, financial account details, and other payment particulars.
Content and files, including photos, videos, documents, and other uploads to our Service, encompassing email communications.
Sensitive Personal Data: We may collect sensitive personal information, including:
Government-issued identification like driver's license, passport number, and social security numbers.
Photographic or video images submitted for identification purposes or non-diagnosis/treatment intentions, like images of driver's licenses or passports.
Account access details, such as usernames or account numbers combined with passwords, security/access codes, or other credentials.
Sensitive demographic data, encompassing racial or ethnic origin.
Contents of communications made through our Service.
Biometric information that may be used for identity verification before using our Service.
Health-related data analyzed by us.
Information about your sexual orientation or sex life, analyzed by us.
Automatically Collected Information: When you utilize our services, certain information is automatically collected. For instance:
Identifiers and device data. Our web servers log your IP address and device information when you visit our websites. This includes device identifiers (e.g., MAC address), device type, operating system, browser, software details, and settings.
Geolocation data. Depending on device and app settings, we may collect geolocation data from our apps or online services. This may involve precise geolocation data, denoting data derived from a device to locate you within a radius of 1,850 feet or less.
Usage data. Our websites, apps, and connected products automatically record your activities, including source URL, viewed pages, time spent on pages, access times, and other actions on our website.
Generated information. We draw inferences from collected data to deduce probable preferences or traits. For instance, we deduce general geographic location from your IP address.
Third-Party Sourced Information: We also obtain information from third-party sources, which includes:
Third-party partners, like applications and services, including social networks that you connect with through our services.
Co-branding/marketing partners with whom we offer joint services or marketing activities.
Service providers collecting/providing data on our behalf, e.g., companies determining device location based on IP addresses.
Publicly available sources, such as open government databases.
When asked to provide personal data, you can decline. You may also use browser/OS controls to limit automatic data collection. However, declining certain necessary information may affect service availability or functionality.
Additionally, JRNYS Wellness Health manages information for medical providers and pharmacies you access through our Service, storing health data on their behalf.
Cookies, Mobile IDs, and Similar Technologies
We employ cookies, web beacons, mobile analytics, advertising IDs, and similar tech to operate our online services, collecting data like usage details, identifiers, and device information.
Cookies and Similar Tech: Cookies are small files stored by your browser on your device, containing alphanumeric strings for identification. Web beacons are electronic images within websites or emails. Our websites also interact with third-party content hosting servers. Our apps access mobile IDs generated by operating systems.
Usage by Us and Partners: We and our partners utilize these technologies to gather personal data, track your activities, analyze website/app performance, deliver tailored advertising, combat fraud, and more. Data collected or inferred may be shared with third parties for these purposes.
Controls Available: A variety of controls exist for managing cookies and related technologies through browsers, mobile OS, and other methods. Consult the "Choice and Control of Personal Data" section for further details.
Usage of Collected Information
We utilize the personal information we gather for the purposes outlined in this privacy statement or as communicated to you otherwise, within the limitations mentioned in the Protected Health Information Section above. Below are some examples of how we use personal information:
Product and Service Delivery:
Providing and delivering our services, including troubleshooting, ensuring smooth navigation through the service, confirming your location, enhancing and personalizing the services.
Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences
Sensitive information used: Government ID, account access information, sensitive demographic data, contents of communications, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.
Business Operations:
Operating our business, such as billing, processing payments, accounting, managing your account, enhancing internal operations, securing systems, detecting fraudulent or illegal activities, verifying identity, and meeting legal obligations.
Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences
Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.
Product Improvement, Development, and Research:
Developing, testing, or improving the service, content, features, products, or services offered through the service. Identifying or creating new products or services. Analyzing traffic and user behavior for insights.
Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences
Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.
Personalization:
Understanding user preferences to enhance the user experience and enjoyment of our services.
Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences
Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.
Customer Support:
Providing customer support, fulfilling requests, and responding to inquiries. Handling orders for products or services on behalf of users.
Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences
Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.
Communications:
Sending information related to JRNYS Wellness, medical providers, pharmacies, medical groups, and healthcare professionals. Includes confirmations, invoices, technical notices, updates, security alerts, support, and administrative messages. Facilitating telehealth services.
Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences
Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.
Marketing:
Communicating about new services, offers, promotions, rewards, contests, events, and other information regarding our services and those of selected partners.
Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, sensor data, inferences
Sensitive information used: Health data for collection and analysis.
Advertising:
Promoting and marketing JRNYS Wellness, the service, and related products or services.
Categories of Personal Data Used: Contact information, demographic data, identifiers and device information, geolocation data, usage data, inferences
Sensitive information used: Health data for collection and analysis.
Data De-identification:
We may de-identify information and use, create, and sell such de-identified information for any lawful business purpose.
These are the key purposes for which we use the information we collect. We may share this information as described in the "Disclosure of Information" section below.
Disclosure of Information
We may share personal data in the following circumstances:
Service Providers: We share personal data with vendors or agents who work on our behalf to provide the services described in this statement. For instance, third-party companies assisting in customer service or safeguarding our systems may require access to personal data for these functions.
Financial Services & Payment Processing: When you provide payment information, such as for purchases, we disclose payment and transactional data to banks and relevant entities for payment processing, fraud prevention, credit risk assessment, analytics, and related financial services.
Marketing/Ad Partners: Personal data may be shared with marketing and advertising partners. For instance, we might share identifying information with advertising partners to deliver personalized ads or target ads to individuals with similar interests. This could include certain sensitive personal information, such as health data, if it is not Protected Health Information.
Affiliates: Personal data could be accessed by our subsidiaries, affiliates, and related companies when necessary to provide services or operate our business.
Medical Groups, Providers, Pharmacies, and Labs: We facilitate information sharing between you and these entities for service provision and payment collection.
Corporate Transactions: Personal data may be disclosed in corporate transactions, such as mergers, acquisitions, bankruptcy, or sale of a portion of our business.
Legal and Law Enforcement: We might access, disclose, or preserve personal data if required by applicable law or legal process, including requests from law enforcement or government agencies.
Security and Safety: Personal data could be disclosed to protect customers and prevent fraud, ensure the security of our services, and enforce agreements, terms, and policies.
Third-Party Analytics and Advertising: Our website and apps may allow third-party analytics and advertising providers to collect personal data, including identifiers, device information, geolocation data, and usage data. These vendors might combine data across various sites for analytics and marketing purposes.
Other Integrations: Our services may include integrations with third-party services, and information shared with those third parties is governed by their privacy statements.
Furthermore, we may disclose de-identified information in accordance with applicable law.
Choice and Control of Personal Data
We offer various ways for you to control the personal data we possess, including choices about its use. If you wish to access, copy, correct, or delete your personal data held by us, you can do so by visiting our privacy portal.
You can also opt out of promotional communications by following instructions in the message or contacting us. You can manage targeted advertising using browser and platform controls, such as opting out through NAI (http://optout.networkadvertising.org) or DAA (http://optout.aboutads.info/).
Please note that these controls are specific to your device or browser, and we may decline requests in certain cases where permitted by law.
Data Retention
We retain your information as long as necessary for various purposes, including legal compliance, dispute resolution, agreements enforcement, and service provision. Other parties with whom we share your information may have their own retention policies.
Jurisdictional Issues
Our service is subject to U.S. law, and this privacy policy applies to information collected within the United States.
California Residents
If you're a California resident, you have rights under the California Consumer Privacy Act (CCPA), such as the right to know, correct, or delete your personal information. You can opt out of the sale or sharing of your personal information. We do not knowingly sell or share information of minors under 16.
Miscellaneous
We take reasonable measures to protect information, but you're responsible for securing your account. We may update this Privacy Policy and will notify you of material changes.
Contact Us
If you have questions about this Privacy Policy, contact us at support@jrnys.com
"Terms of Use for JRNYS Wellness"
Last Updated: September 6, 2023
By selecting "I Agree," checking a relevant box to indicate your acceptance, utilizing any other acceptance process presented through the service (as defined below), or otherwise confirming your acceptance of these terms and conditions, you acknowledge that you have read, understood, and consent to abide by this agreement. If you do not concur with these terms and conditions, refrain from creating an account or using the service. By agreeing, you also grant authorization to any party that clicks the "I Agree" button or otherwise signifies acceptance of these terms and conditions on your behalf.
Cancellation Policy for JRNYS Telemedicine Services
At JRNYS, we understand that circumstances can change, and flexibility is essential. Our cancellation policy is designed to be fair to both our clients and our service providers. We kindly ask you to read and understand our policy regarding appointment and subscription cancellations.
Subscription Cancellation
1. Notice Period: Subscribers are required to give a notice of at least 7 days prior to their next billing cycle for cancellation of their subscription. This can be done through our contact form or automatically through the patient portal.
2. Method of Cancellation: Subscribers can cancel their subscription through their account dashboard on our website or by contacting our customer support team.
3. Refunds: No refunds will be issued for cancellations made within 7 days of the next billing cycle. For cancellations made with more than 7 days' notice, a prorated refund will be provided based on the remaining days in the current billing cycle.
4. Effect of Cancellation: Upon cancellation, subscribers will continue to have access to JRNYS services until the end of their current billing cycle.
5. Your initial telehealth fee of $89 will not be refunded if your medical profile has been reviewed by a doctor. Medical reviews take your provider a significant amount of time and as such we cannot initiate a refund for a visit that has been completed.
Product Cancellation
Due to the sensitive nature of medical products and the paramount importance of maintaining their sterility, we are unable to accept returns of any medical products once they have been shipped. This policy is in place to protect our customers and ensure that all products received are safe, sterile, and have not been compromised in any way.
Appointment Cancellation
1. Rescheduling: If you need to reschedule an appointment, please do so at least 24 hours in advance.
2. Late Cancellations and No-Shows: Appointments canceled less than 24 hours before the scheduled time or missed appointments without notice will incur a medial fee of $25 per visit charged to the card on file
Exceptions
We understand that emergencies happen. If you need to cancel due to an emergency, please contact our customer support team to discuss your specific situation.
Changes to Policy
JRNYS reserves the right to modify this cancellation policy at any time. Changes will be effective immediately upon posting on our website.
For any questions or assistance regarding this policy, please contact our customer support.
Arbitration Alert
Unless you opt out of arbitration as outlined in this agreement, you agree that any disputes between you and us or between you and the medical groups or providers arising from or linked to these terms and conditions or the service will be resolved through binding individual arbitration. By agreeing, you waive your right to a jury trial and to participate in a class action lawsuit or collective arbitration, as further explained below. Some exceptions and details on opting out of arbitration are provided below.
In the case of a medical emergency, immediately seek in-person emergency care or dial 911. The service is not suitable for all medical conditions or concerns. This agreement is subject to modification as detailed herein.
JRNYS Wellness, Inc. and/or its subsidiaries (referred to as "JRNYS Wellness," "we," or "us") own and manage the websites found at https://jrnys.com and may in the future own and/or operate a JRNYS mobile application (collectively known as the "Platform"). Your access to and use of the Platform, any of its components, or any associated elements, including its content ("Content"), any products or services provided through the Platform or otherwise by JRNYS Wellness, and any affiliated websites, software, or applications owned or operated by JRNYS Wellness (collectively including the Platform and the Content, the "Service") are regulated by these Terms and Conditions (referred to as the "Terms and Conditions" or the "Agreement").
Carefully read this Agreement as it outlines significant terms relevant to the Service. Throughout this Agreement, the terms "you" and "yours" refer to the individual utilizing the Service. In cases involving the use of the Service by or on behalf of a minor, "you" and "yours" include (i) the parent or legal guardian providing consent for the minor's use or utilizing the Service on behalf of the minor, and (ii) the minor for whom consent is given or on whose behalf the Service is employed. Refer to the "Limited Use and Availability" section of this Agreement for more information about the Service's use by minors and associated limitations. Notwithstanding the above, the Service is not intended for individuals under thirteen (13) years of age, and those under thirteen (13) are prohibited from using any aspect of the Service or entering into this Agreement, even with parental or guardian consent. Contact us at support@jrnys.com if you are a parent or legal guardian of a person under eighteen (18) years of age who you believe has used the Service without your consent.
Acceptance of Terms and Conditions
Your use of the Service is subject to this Agreement, as well as relevant laws and regulations. If you do not fully agree to and accept this Agreement, you are strictly prohibited from accessing, registering with, and/or using the Service or any information or Content provided through it, except as needed to review this Agreement. The Service is continuously evolving, and we retain the right to revise or eliminate any part of this Agreement or the Service at our sole discretion without prior notification. Changes to this Agreement take effect when posted on the Platform. Unless stated otherwise, any new Content added to the Service is also subject to this Agreement upon posting on the Platform. If you disagree with this Agreement or any of its terms or conditions, the only remedy is to cease using the Service. Continued use after posting changes to this Agreement signifies your acceptance of the modified Agreement.
Your Relationship with Us
We offer products and services from JRNYS Wellness as well as those from third-party medical providers, pharmacies, or vendors through our Service to individuals who register as users ("Users"). Our Service provides access to prescription fulfillment services offered by pharmacies including Scriptco, LLC. dba Scriptco (referred to as the "Pharmacies").
Additionally, the Service may offer coaching services from coaching platforms like Profile.
Additionally, the Service may offer laboratory services from laboratories like Quest Diagnostics, Tasso Inc. or Evolution Dx (referred to as the "Labs").
By accepting this Agreement, you understand and agree that your prescription(s) may be filled and transferred between any of the laboratories or pharmacies as facilitated by the Service.
Furthermore, you may gain access to healthcare provided through the Platform by one or more medical groups (referred to as the "Medical Groups") including but not limited to Republic Allergy and Immunology LLC. These Medical Groups employ or contract with healthcare professionals (referred to as "Providers") who offer services through the Platform.
By accepting this Agreement, you also acknowledge that the services you receive from the Labs, Pharmacies, Medical Groups, or Providers through the Platform are governed by this Agreement, and these entities are third-party beneficiaries of the Agreement.
We do not oversee the practice of medicine by the Medical Groups or Providers, each of whom is solely accountable for directing the medical care or treatment provided to you.
By accepting this Agreement, you acknowledge that JRNYS Wellness is not a healthcare provider.
While using the Service, you may establish a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers.
Additionally, you agree that neither JRNYS Wellness, the Medical Group, nor any Provider is liable for any loss, injury, or claims resulting from your failure to read or respond to messages, reports, and emails sent via the Service or to comply with treatment recommendations or instructions.
Although you are not forming a doctor-patient or other health care provider-patient relationship with JRNYS Wellness, using the Service establishes a direct customer relationship with JRNYS Wellness for the Service's use, including purchasing non-prescription products or non-medical services sold through the Service.
This relationship involves providing personal information, including health information, subject to use according to our Privacy Policy. Refer to the "Privacy Policy" section and the "Protected Information" section below for more details.
Notice Regarding Your Financial Responsibility for Services
JRNYS Wellness and the Medical Groups are not registered with, nor do they participate as providers in, any federal or state healthcare programs (such as Medicare or Medicaid) for delivering healthcare or mental health services or supplies. Consequently, neither you nor JRNYS Wellness or the Medical Groups can receive payment from these programs for services or products provided by JRNYS Wellness or the Medical Groups.
Additionally, if any of the Labs, Pharmacies, or Providers are enrolled in federal or state healthcare programs, the manner in which services and products are provided through the Service typically prevents coverage under these programs.
By opting to use the Service, you are expressly choosing to acquire services and products on a cash basis outside of federal or state healthcare programs. As a result, you bear full financial responsibility for all services or products received.
By consenting to use the Service, you acknowledge and agree that (1) you are deliberately selecting to obtain services and products on a cash basis outside of federal or state healthcare programs, and you solely assume financial responsibility for all services and products obtained through the Service; and (2) neither you nor JRNYS Wellness, the Labs, the Pharmacies, the Medical Groups, or the Providers will seek reimbursement from any federal or state healthcare program for the expenses related to services and products received through the Service.
Subscription Products and Services
Certain products and services accessible via the Service necessitate purchasing via an automatically renewing subscription model. For such subscription-based items, your designated payment method will be automatically charged at specified intervals, as outlined during the checkout process. This cycle continues until you cancel the subscription.
The Service or the Providers may periodically contact you through the Service to update your information and facilitate ongoing subscriptions. You can terminate a subscription by emailing support@jrnys.com to request cancellation, or through your online account. Cancellation will take effect at the end of the current subscription period.
The subscription will renew automatically unless you cancel at least two (2) days prior to the renewal processing date. Partially used subscription periods are non-refundable, although refunds may be granted on a case-by-case basis at our sole discretion. We may also offer the option to pause your subscription temporarily. If you fail to cancel before the pause period's end, automatic charging will resume. Subscription plans and prices may change, with advance notice provided for price adjustments or plan changes.
To enhance the user experience, the total subscription price for the majority of services is displayed and payable as a single payment. However, if a subscription product requires a Provider consultation, involves prescription products from Pharmacies, the total price incorporates charges for Service usage, Pharmacy prescription drugs, and Medical Group Provider services. These charges are collected and paid to the respective entities on your behalf.
Prescription Products
Certain products offered through the Platform require a valid prescription from a licensed healthcare provider. Prescription products necessitate completion of a consultation with a Provider, who assesses your suitability for the prescription and then provides it if deemed appropriate.
Upon receiving a prescription, you will receive guidance on how to fill it. Some prescriptions can be fulfilled via the Pharmacies using the Platform, or you can choose to fill the prescription at any other pharmacy. Prescriptions may also be transferred among the Pharmacies without notice. Not all prescriptions from the Pharmacies include child-resistant packaging.
Prescriptions not available via the Pharmacies or required to be filled locally are indicated during Service use and typically pertain to common primary care conditions.
If you complete a consultation with a Provider and obtain a prescription through the Pharmacies, the prescription product's cost is included in the Service's total charge, as described in the "Subscription Products" section. If you use a non-JRNYS pharmacy, the prescription will be sent there, and you are responsible for collecting the product and directly paying for it.
Prescription products via the Platform are considered "Third-Party Goods and Services" per the respective section of this Agreement.
Laboratory Products and Services
Certain laboratory products and services offered through the Platform, including at-home testing kits, require a prescription or order from a licensed healthcare provider. Access to these services involves a consultation with a Provider, who will prescribe or order the appropriate laboratory product or service.
If you receive laboratory services through the Platform, the corresponding materials are shipped by the Lab, with costs incorporated into the Service's total charge.
Laboratory products and services through the Platform are considered "Third-Party Goods and Services" in accordance with the relevant section of this Agreement.
Limited Use and Availability
The Service is currently accessible only to individuals in states where it is offered.
Users must be at least eighteen (18) years old or the legal age of majority in their jurisdiction if higher than eighteen (18) and have accepted this Agreement.
In specific states where the Service is available, individuals aged 13 to 18 may utilize the Service solely for acne treatment consultation upon receiving parental or legal guardian consent.
By accessing and using the Service, you (a) assert you meet the age requirements, (b) if acting on behalf of a minor, warrant your authority to provide consent, (c) confirm your location aligns with the shipping address, (d) pledge to adhere to all applicable laws, and (e) commit to lawful use.
Our Service is regulated by state laws and may evolve due to regulatory changes.
Certain products on the Service have age restrictions, and not all products or services are available to all age groups.
In some instances, the Service may not be the most suitable channel for medical or mental health care and treatment.
Certain medical conditions may necessitate in-person procedures or different healthcare providers. The Service may not be appropriate for specific diagnoses or treatments, requiring in-person office visits. In such cases, you may receive notifications regarding unavailability for your specific concern, along with guidance on the next steps.
Responsibility for Information, Accessibility, and Connectivity
You are responsible for ensuring that you possess and maintain, at your own risk and cost, the necessary software and hardware capabilities (in accordance with any technical, quality, or other requirements specified by the Service) to enable your use of the Service. This includes having a computer or mobile device with a video camera and internet access.
Any fees incurred, including internet connection or mobile charges, while using the Service are your responsibility. You are also obliged to provide accurate, truthful, and complete information in any forms or communications submitted through the Service. We reserve the right to modify the access configuration, including software, hardware, or other requirements of the Service without prior notice.
Privacy Policy
JRNYS Wellness acknowledges the significance of safeguarding the confidentiality and privacy of your personal information. Please refer to our Privacy Policy for details on how we collect, use, and disclose your personal information.
Protection of Health-Related Information
Upon establishing an account with JRNYS Wellness, you create a direct customer relationship that allows you to access and utilize the Service's functions as a user. In this context, you provide information like your name, email address, shipping address, and phone number. Such data collected, used, and disclosed comply with our Privacy Policy and do not constitute "health" or "medical" information.
However, when using specific aspects of the Service, you might provide medical information that could be protected under relevant laws.
JRNYS Wellness is not considered a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Some of the Labs, Pharmacies, or Medical Groups may or may not qualify as "covered entities" or "business associates" under HIPAA, and in some instances, JRNYS Wellness might be a "business associate" of a Lab, Pharmacy, or Medical Group.
It's essential to recognize that while state privacy laws might apply, HIPAA doesn't universally apply to entities or individuals solely due to the involvement of health information. HIPAA's applicability to transactions or communications involving JRNYS Wellness, the Medical Groups, the Providers, the Labs, or the Pharmacies might be limited.
In cases where JRNYS Wellness is deemed a "business associate," JRNYS Wellness may adhere to specific HIPAA provisions concerning "protected health information" (PHI) that you provide to the Labs, Pharmacies, or Medical Groups.
Furthermore, any health information subject to particular protections under state laws will be used and disclosed as per those laws. However, information not constituting "Protected Information" under applicable laws may be used or disclosed according to our Privacy Policy. Protected Information does not include data that has been de-identified according to HIPAA standards.
The Medical Groups and Providers have adopted a Notice of Privacy Practices outlining their use and disclosure of Protected Information. By using the Service, you acknowledge receiving this Notice of Privacy Practices from your Medical Group and Provider(s).
By utilizing the Service, you agree that even if HIPAA applies to JRNYS Wellness, the Medical Groups, the Providers, the Labs, or the Pharmacies, any information submitted to JRNYS Wellness not solely intended for diagnosis, treatment, prescription fulfillment, or laboratory services is not considered Protected Information. Such information will only be subject to our Privacy Policy and relevant state privacy laws.
Registration; User Accounts, Passwords, and Security
To access the Service, you must register and create an account on the Platform. Access to the Service is granted to users with registered accounts, consisting of usernames and passwords. Information provided during account setup, such as name, username, email address, shipping address, and phone number, does not fall under Protected Information as specified in the Protected Health Information section.
You commit to keeping your information accurate and up-to-date. Failure to do so or submitting false, incomplete, or inaccurate information may lead to the suspension or termination of your account and Service usage.
Notify JRNYS Wellness promptly of any unauthorized use or security breach related to your account by emailing support@jrnys.com.
Safeguard the confidentiality of your username and password, and remember to log out after each session. JRNYS Wellness denies liability for losses or damages stemming from failure to comply with this section.
Using someone else's account is strictly prohibited.
During account creation, you'll set up a username and password for login. For privacy, data you transmit through the Service is encrypted using Secure Sockets Layer (SSL) or similar encryption technology.
We take steps to protect collected User data against unauthorized access. However, bear in mind that our Service operates on software, hardware, and networks, which may require maintenance or experience issues beyond our control. Also, others with access to your devices could access Service information, including medical data. It's your responsibility to log out when not in use and prevent unauthorized physical access to your devices, as well as protect the confidentiality of your credentials.
Exercise caution and good judgment when using the Service.
Violating the Service's security or terms may result in criminal and/or civil penalties. JRNYS Wellness may cooperate with law enforcement agencies during investigations.
Use and Ownership of the Service
The Service and its information and Content are protected by global copyright laws. Subject to this Agreement, you're granted a limited, non-transferable, revocable license to access and use the Service for personal use.
All rights in the Service and Content are reserved by JRNYS Wellness unless stated otherwise. JRNYS Wellness and its suppliers retain ownership of all rights, including computer code, themes, images, product descriptions, and more. Copyrighted material and proprietary notices must not be altered or obscured. J
RNYS Wellness trademarks, logos, service marks, and trade names are owned by JRNYS Wellness and require permission for use, including with third-party products or services. Other trademarks on the Service are the property of respective owners.
License for Submitted Information via the Service
Unless limited by Protected Information rules, any information transmitted via the Service, whether directly or through email, including data, questions, comments, or suggestions (referred to as "Submissions"), is non-confidential and non-proprietary, and treated as such. Subject to applicable laws, you grant JRNYS Wellness a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, sublicensable license to use, distribute, reproduce, modify, and publicly display Submissions for operating the Service. You warrant that holders of intellectual property rights in Submissions have waived such rights and granted you the license. You're responsible for Submissions you provide. JRNYS Wellness has the right to edit Submissions as needed and waive moral rights. There's no right of approval or claim to compensation related to Submissions.
For Submissions containing Protected Information, JRNYS Wellness'Third-Party Products and Services
Services or products offered on the Service by parties other than JRNYS Wellness, such as Labs, Pharmacies, Medical Groups, and Providers (collectively referred to as "Third Parties"), as well as certain services, devices, items, or products provided by Third Parties and available for purchase through the Service, are collectively referred to as "Third-Party Products and Services."
Any interactions, transactions, or engagements with Third Parties, including payments, product deliveries, and other terms, are solely between you and the respective Third Parties. Prior to proceeding with any transactions involving Third Parties or Third-Party Products and Services, it is advised that you conduct appropriate investigations and due diligence. You are accountable for exercising caution, prudence, and judgment when using the Service and disclosing personal information.
You acknowledge that JRNYS Wellness is not liable for any losses or damages, whether direct or indirect, arising from your use of the Service, including interactions with Third Parties or the use of Third-Party Products and Services.
In situations where disputes arise between you and Third Parties or other entities or individuals, you understand and agree that JRNYS Wellness is not obliged to mediate in such disputes.
Furthermore, you release and hold harmless JRNYS Wellness Parties, including Scriptco LLC, as well as their respective affiliates, contractors, officers, employees, and representatives, from any claims or damages, whether known or unknown, related to such disputes or your use of the Service.
Please note that certain individuals affiliated with JRNYS Wellness, such as shareholders, directors, officers, employees, contractors, or agents, may have financial interests in Third Parties and may benefit from your utilization of Third-Party Products and Services.
Terms of Purchase
All products available for purchase from JRNYS Wellness are subject to availability, and we retain the right to impose limits on quantities or reject any part of an order. In the event of an error, we reserve the right to rectify the error by adjusting your order or canceling it with a refund.
Product prices are subject to change at our discretion. You are responsible for any applicable taxes, fees, levies, or duties imposed by authorities for your purchases through the Service.
If necessary, we will collect applicable taxes as required by law. Please note that we may revise estimated tax amounts at checkout. While we collect taxes in certain states, you may be required to report and pay taxes directly if we do not collect them.
Only valid payment methods accepted by us can be used for purchases through the Service. You affirm that you are authorized to use the designated payment method.
By providing your payment information, you grant us the right to provide this information to third parties (e.g., payment processing companies) for transaction facilitation. If your designated payment method is declined, we will make further attempts to process your charge.
We may update your payment information with data provided by your payment card issuer. You are responsible for any fees imposed by your bank or payment card issuer.
In case any products are unavailable, we will only charge for the items included in the shipment. You may be required to provide transaction-related information, such as payment card details, billing and shipping addresses, email, and phone number, as part of the purchase process. By submitting this information, you authorize us to share it with third parties (e.g., payment processors) to facilitate transactions.
We use an online payment processing application provided by third-party payment vendors, Stripe, Square, and Authorize.net.
Information about payment processors’ privacy policies and security measures can be found on their respective websites. JRNYS Wellness' relationship with payment vendors is contractual, and JRNYS Wellness Parties are not in a fiduciary, franchisor-franchisee, agent-principal, employer-employee, partnership, or joint venture relationship with payment vendors.
Shipping and handling charges, if applicable, will be presented to you during checkout. We reserve the right to adjust these charges, notifying you of changes before you complete your purchase. Any stated delivery dates or times are estimates and not guarantees. Risk of loss transfers to you upon delivery to the designated carrier.
We reserve the right to handle User concerns on a case-by-case basis. If your use of the Service is terminated, you agree not to attempt further access under any name and indemnify JRNYS Wellness Parties against any liability incurred.
Termination
JRNYS Wellness may terminate your access to the Service or its features at any time and for any reason, without prior notice. This includes instances where you violate this Agreement or where agreements between JRNYS Wellness and Third Parties cease or when the Service is discontinued. Provisions related to security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, liability limitations, arbitration, indemnity, and jurisdictional matters will survive termination. Should your use of the Service be terminated, you agree not to attempt further access, indemnifying JRNYS Wellness Parties against related liabilities.
Notice
JRNYS Wellness may communicate with you via email, posted notices on the Service, or regular mail regarding the Service or this Agreement.
Electronic Communication
By accessing the Service, using email, or sending SMS messages to us, the Medical Group, or Providers, you consent to electronic communication. We may communicate with you through email, SMS, or the Service. All agreements, notices, and disclosures provided electronically satisfy the legal requirement for written communication. You acknowledge that any electronic notices we provide are deemed given and received upon transmission.
Copyright
JRNYS Wellness will terminate Service access for Users repeatedly infringing copyright, upon notification by the copyright owner or their legal representative. If you believe your copyrighted work has been posted on the Service in a manner constituting copyright infringement, please contact us with required information. Contact information for our Copyright Agent is available in the Terms of Use.
Entire Agreement
This Agreement, along with any other agreements or notices, constitutes the complete agreement between JRNYS Wellness and you, replacing all prior agreements.
Binding Arbitration and Class Waiver
Both you and JRNYS Wellness agree that any legal claims, disputes, or controversies between you and our group, the JRNYS Wellness Parties, Medical Groups, Providers, Labs, or Pharmacies, relating to the JRNYS Wellness Parties, the platform, content, service, goods, services, or advertising by JRNYS Wellness or any related parties, including disputes concerning the applicability, enforceability, or validity of any provision in this agreement (collectively referred to as "Disputes"), that are not resolved through informal dispute resolution (as defined below), shall be resolved through confidential binding arbitration.
This arbitration will be conducted by a single commercial arbitrator from the American Arbitration Association (AAA) instead of in a court, as described in this agreement.
The arbitration process will be governed by the AAA's Consumer Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes (collectively referred to as "Rules and Procedures").
By agreeing to this arbitration, you acknowledge that you are voluntarily and knowingly waiving your right to a trial by jury and to initiate a lawsuit in state or federal court, except as provided in this agreement. This arbitration agreement also covers Disputes arising before the existence of this or any prior version of the terms and conditions, as well as claims that may arise after the termination of these terms.
In the event of a Dispute, we are committed to working with you to find a reasonable resolution through informal efforts. We believe that good faith attempts to informally resolve Disputes can lead to a prompt, cost-effective, and mutually beneficial outcome. Therefore, before either party initiates arbitration, we will engage in a good faith effort to resolve the Dispute informally through a telephonic or video conference meeting ("Informal Dispute Resolution Conference"). This conference aims to resolve any Dispute covered by this arbitration agreement. If represented by counsel, your counsel may participate, but you should also take part in the conference.
To initiate an Informal Dispute Resolution Conference, the party initiating the Dispute must provide written notice to the other party ("Notice") within 45 days after the receipt of the Notice by the other party, unless both parties agree on an extension. The Notice should include your contact information, counsel's contact information (if applicable), and a description of the Dispute. The Informal Dispute Resolution Conference should be individualized for each Dispute, and multiple parties cannot participate in a single conference unless all parties agree.
If the Informal Dispute Resolution Conference does not lead to a resolution within 30 days, either party may begin arbitration. Arbitration is a less formal process than a court trial and involves a neutral arbitrator instead of a judge or jury. An arbitrator's award can be equivalent to the relief a court would provide. Payment for arbitration costs will follow the AAA's fee schedule, and each party will cover its own attorneys' fees and expenses unless required otherwise by law.
The arbitration will take place in Dallas, Texas, unless your residence is not within 100 miles of Dallas, in which case it may be conducted within 100 miles of your residence, unless both parties agree otherwise.
The arbitrator's decision will be final and binding and can be entered as a judgment in a court of competent jurisdiction. The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration agreement and the arbitration proceedings. For more information about the AAA and its arbitration rules, you can visit their website.
However, Disputes related to intellectual property rights, theft, piracy, unauthorized use, violation of the Computer Fraud and Abuse Act, or any other claims requiring urgent legal relief, may be brought in state or federal courts in Dallas, Texas.
Additionally, individual actions in small claims court may be taken if the scope of the court's jurisdiction allows, as long as it remains an individual action.
Both parties waive their rights to a jury trial and agree to resolve Disputes through individual arbitration. Class, collective, and representative actions are not allowed, and claims of multiple customers or users cannot be consolidated. This agreement aims to resolve Disputes on an individual basis. Opting out of this arbitration agreement is possible within 30 days of agreeing to these terms. You can notify us of your intent to opt out by providing your contact information and a statement indicating your desire to opt out of arbitration to our address.
Before initiating arbitration, both parties must provide written notice of the Dispute and the desired relief. This arbitration agreement may be modified in the future, but any modifications will not affect Disputes for which a written notice of Dispute has already been provided. If you have previously opted out of arbitration, those terms will still be honored. If any part of this arbitration agreement is found to be invalid, the remainder of the agreement will still be in effect. This agreement is governed by the laws of the State of Texas.