Use of Jumpstart Medicine Website
This Agreement sets out the legally binding terms of your use of the Website. This Agreement may be modified by Jumpstart Medicine from time to time, such modifications to be effective upon posting by Jumpstart Medicine on the Website. This Agreement includes Jumpstart Medicine’s Privacy Statement and any notices regarding the Website. By accessing the Website you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
In order to access this Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
This Agreement will remain in full force and effect while you use the Website.
The Website is for your personal use only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized uses of the Website may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Jumpstart Medicine, which may be revoked at any time, for any reason, in Jumpstart Medicine’s sole discretion.
Content on Jumpstart Medicine
Jumpstart Medicine owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, trademarks, and other proprietary information of Jumpstart Medicine. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Under no circumstances will Jumpstart Medicine or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website.
Content Posted by You on Jumpstart Medicine
You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Website. You will not provide inaccurate, misleading or false information to the Company. If information provided to Jumpstart Medicine subsequently becomes inaccurate, misleading or false, you will promptly notify Jumpstart Medicine of such change.
You understand and agree that Jumpstart Medicine may review and delete any content, messages, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of Jumpstart Medicine violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users.
By posting Content to any public area of Jumpstart Medicine, you automatically grant, and you represent and warrant that you have the right to grant, to Jumpstart Medicine, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Jumpstart Medicine will not infringe or violate the rights of any third party.
The Content you post on the Website must be in accordance with any and all applicable laws and regulations.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Use of the Website is also governed by our Privacy Statement.
Jumpstart Medicine is not responsible for any incorrect or inaccurate Content posted on the Website whether caused by users of the Website or by any of the equipment or programming associated with the Website. Jumpstart Medicine is not responsible for the conduct, whether online or offline, of any user of the Website. Jumpstart Medicine assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Jumpstart Medicine is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web. Under no circumstances will Jumpstart Medicine be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website, any Content posted on the Website or transmitted to users, or any interactions between users of the Website, whether online or offline. The Website is provided “AS-IS” and Jumpstart Medicine expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Jumpstart Medicine cannot guarantee and does not promise any specific results from use of the Website.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Jumpstart Medicine makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Jumpstart Medicine be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website, even if Jumpstart Medicine has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Jumpstart Medicine’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Jumpstart Medicine for its services.
Jurisdiction and Choice of Law
If there is any dispute arising from use of the Website, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California for the resolution of any such dispute.
Indemnity by You
You agree to indemnify and hold Jumpstart Medicine, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.