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.
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 firstname.lastname@example.org 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.
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 email@example.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.
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.
Protection of Health-Related 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.
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).
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 firstname.lastname@example.org.
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.
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.
JRNYS Wellness may communicate with you via email, posted notices on the Service, or regular mail regarding the Service or this Agreement.
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.
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.