These Terms of Service ("Terms") govern your access to and use of the websites, mobile interfaces, and other online properties operated by Jellyphysh LLC d/b/a Jellyphysh ("we," "us," or "our"), including this website and any successor domains (the "Website"), and all related products, services, content, and transactions made available through the Website. The Terms are an agreement between you and us.
The Website connects users to a telehealth technology platform (the "Platform") operated by CareValidate, Inc. ("CareValidate"), also referred to as CareGLP. The Platform facilitates access to telehealth services provided by independent, third-party licensed healthcare professionals ("Healthcare Providers") and access to prescribed medical treatments fulfilled by independently owned and operated, licensed pharmacies ("Pharmacies"). We, CareValidate, the Healthcare Providers, and the Pharmacies are separate legal entities that perform distinct roles. CareValidate, the Healthcare Providers, and the Pharmacies are not parties to these Terms and are not obligated by them. However, CareValidate, the Healthcare Providers, and the Pharmacies are intended third-party beneficiaries of these Terms, which means they benefit from them.
We provide non-clinical content, marketing, and other informational and administrative services through the Website; CareValidate operates the Platform and provides Platform-related services; Healthcare Providers provide healthcare services through the Platform; and Pharmacies fulfill and ship medical treatments through the Platform after receiving prescriptions from the Healthcare Providers. For purposes of these Terms, the content and non-clinical services we provide through the Website, the Platform and Platform-related services operated by CareValidate, the healthcare services provided by Healthcare Providers, and any prescribed medical treatments and other products you are able to purchase through the Website and Platform are referred to collectively as the "Services." By checking an "I agree" box, clicking an "I agree" button, taking similar action, or accessing or using the Website or any of the Services, you agree to be bound by these Terms.
Please read these Terms carefully before accessing or using the Website or Services. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 14 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND US, CAREVALIDATE, THE HEALTHCARE PROVIDERS, AND THE PHARMACIES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, EXCEPT AS PROVIDED IN SECTION 14, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. General.
1.1. Acceptance of Terms. By accessing or using the Website or any of the Services, or by clicking any button or checkbox indicating your acceptance of these Terms where such option is presented, you agree to be bound by these Terms as a legally binding agreement. If you do not agree to these Terms, you may not access or use the Website or any Services.
1.2. Amendment of Terms. We may amend these Terms from time to time. Unless we expressly provide a delayed effective date, any amendments will become effective immediately upon posting the updated Terms on the Website. Your continued access to or use of the Website or any Services after the posting of amended Terms constitutes your acceptance of the Terms as modified. If we re-present the Terms to you and you click a button or checkbox indicating you accept the Terms, that also constitutes your acceptance of the Terms as modified. We may also modify, suspend, or discontinue any portion of the Services at any time. To the maximum extent permitted by applicable law, we are not liable for any modification, suspension, or discontinuation of the Services.
1.3. Additional Terms. Certain Services may be subject to additional terms, conditions, guidelines, or rules ("Additional Terms") that are posted on the Website or otherwise made available to you. Any such Additional Terms are incorporated by reference into these Terms. In the event of a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control solely with respect to the applicable Service.
1.4. Privacy. Your access to and use of the Website and Services are subject to our Privacy Statement, which describes how we collect, use, and disclose information about you. Please review our Privacy Statement, available at https://jellyphysh.com/privacy.
1.5. Availability. The Services are offered only to individuals located within the United States and are not intended for use outside the United States. Availability of particular treatments varies by state and is subject to the laws of the state where you are located.
1.6. Eligibility. You must be at least eighteen (18) years of age to access or use the Website or any Services. By accessing, using, or submitting information through the Website or Services, you represent and warrant that you are at least eighteen (18) years old.
2. Your Relationship With Us.
(a) We provide non-clinical content, marketing, and general customer support, make information available about treatment programs, and refer you to the Platform, through which you may access telehealth services provided by the Healthcare Providers. Neither we nor CareValidate provide medical advice, diagnosis, or treatment, and neither of us dispenses medications. All healthcare services are provided exclusively by the Healthcare Providers, and all prescription fulfillment and dispensing services are provided exclusively by the Pharmacies in accordance with applicable law. Neither we nor CareValidate is a medical group, pharmacy, or healthcare provider, and neither is a "covered entity" as that term is defined under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its implementing regulations (collectively, "HIPAA"). Our and CareValidate's role is limited to providing non-clinical information and administrative services and facilitating access to the Services offered by the Healthcare Providers and the Pharmacies. We and CareValidate are independent from the Healthcare Providers, the Pharmacies, and the licensed healthcare professionals who may provide services through them. Neither we nor CareValidate is responsible for the acts or omissions of the Healthcare Providers, the Pharmacies, or such healthcare professionals, or for the content of their communications with you. We and CareValidate do not engage in the practice of medicine or pharmacy and do not provide healthcare or pharmacy services of any kind. We do not receive the health information you provide through the Platform.
(b) NEITHER WE NOR CAREVALIDATE OFFER MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. All information made available through the Website or in connection with communications supported by us or CareValidate is provided for general informational purposes only and is not intended to create a physician-patient or provider-patient relationship, or to replace or supplement any existing relationship you may have with a licensed healthcare provider, as defined by applicable state or federal law. Use of the Website and reliance on any information provided by us or CareValidate is at your own risk and is not a substitute for professional medical diagnosis or treatment.
3. Notice Regarding Financial Responsibility for Services. Neither we, CareValidate, the Healthcare Providers, nor the Pharmacies participate as a provider in any federal, state, or private payor healthcare program, including Medicare or Medicaid, with respect to services or products made available through the Services. Accordingly, neither you nor we, CareValidate, the Healthcare Providers, or the Pharmacies will seek or receive reimbursement from any federal, state, or private payor healthcare program for any services or products provided to you through the Services.
To the extent that any laboratories, pharmacies, or licensed healthcare professionals accessible through the Services may independently participate in federal, state, or private payor healthcare programs outside of the Services, you acknowledge and agree that the manner in which services and products are made available through the Services is outside such programs and is not intended to constitute a covered benefit. By choosing to use the Services, you are expressly electing to obtain products and services on a cash-pay basis, outside of any federal, state, or private payor healthcare program.
By using the Services, you acknowledge and agree that: (1) you are voluntarily choosing to obtain products and services on a cash-pay basis and are solely financially responsible for all services and products provided to you by or through the Services; and (2) neither you nor we, CareValidate, the Healthcare Providers, their laboratories, or the Pharmacies will submit any claim for reimbursement to any federal, state, or private payor healthcare program for services or products provided to you through the Services.
4. Consent to Telehealth Services. Telehealth allows Healthcare Providers to assess and treat patients remotely using technology. Healthcare services via telehealth may offer potential benefits, but there are also potential risks. To use the Services you must consent to treatment via telehealth. Telehealth consents are presented separately through the Platform and are incorporated into these Terms by reference.
5. Use of the Services.
5.1. Our Content. The Website and non-clinical components of the Services are owned and operated by us and our licensors. All content, recordings, visual interfaces, graphics, design, compilation, information, data, computer code, software (including any downloadable software), text, images, video, audio, trademarks, service marks, trade names, and other materials or elements made available through the Website (collectively, "Content") are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property and proprietary laws.
Except as otherwise expressly stated, all Content available through the Website is owned by us or our third-party licensors. All trademarks, service marks, and trade names displayed on the Website are proprietary to us or our licensors, whether registered or unregistered, and may not be used in any manner that is likely to cause confusion regarding endorsement, affiliation, or sponsorship.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Content solely for your personal, non-commercial use. Except as expressly permitted by us in writing, you may not copy, reproduce, distribute, transmit, publicly display or perform, publish, license, sell, modify, adapt, create derivative works from, or otherwise exploit any Content. Any downloading or copying of Content does not transfer any ownership rights to you. All rights not expressly granted are reserved by us and our licensors.
5.2. Electronic Communications. By accessing or using the Website or Services, you consent to receive electronic communications from us, CareValidate, the Healthcare Providers, and the Pharmacies, including communications provided through the Website, by email, by text message, or by telephone using the contact information you provide. Such communications may include agreements, notices, disclosures, authorizations, verifications, confirmations, and other information related to your use of the Services. You agree that any electronic communications we, CareValidate, the Healthcare Providers, and the Pharmacies provide to you satisfy any legal requirement that such communications be in writing. Text messages are sent only if you opt in through the separate consent checkboxes presented where you provide your phone number, and consent to text messages is not a condition of purchase. We will send marketing calls or text messages only with your separate prior express written consent.
6. Prescription Products and Subscriptions.
6.1. Prescription Products. Certain products available through the Services and accessed via the Platform require a valid prescription issued by a Healthcare Provider. You will not receive a prescription product unless you have completed a consultation through the Platform, which may take place through your completion of a written questionnaire that is reviewed by a Healthcare Provider and may or may not involve a live consultation, depending on the requirements where you live; the Healthcare Provider has determined that the product is appropriate for you; and the Healthcare Provider has issued a prescription. Please note that products fulfilled by the Pharmacies may not be dispensed in child-resistant packaging or containers.
6.2. Subscriptions. The Services are offered on a subscription basis. If you purchase a subscription product, your selected payment method will be automatically charged at the recurring intervals disclosed for that product during checkout unless and until you cancel. You may cancel a subscription at any time. To avoid your next recurring charge, you must cancel at least 48 hours before the next billing date shown in your patient portal by logging into the Platform and selecting "Cancel Subscription." See our Cancellation & Refund Policy at https://jellyphysh.com/cancellation-refund-policy.
For convenience, you will be presented with a single total subscription price. If a subscription product requires a consultation with a Healthcare Provider or includes a prescription product fulfilled by one of the Pharmacies, the total price you pay includes: (i) amounts charged by the applicable Pharmacy for the prescription drug; (ii) amounts charged by the applicable Healthcare Provider for the services provided by the Healthcare Provider; (iii) applicable fees charged for access to and use of the Platform; and (iv) a fee retained by us for our marketing and administrative services. By submitting your payment information, you authorize CareValidate, as payment agent, to charge the amount due in accordance with these Terms. These amounts are collected on behalf of the Pharmacies, the Healthcare Providers, and the other parties described above, and the corresponding portions are remitted to them. No Healthcare Provider is compensated based on whether a prescription is issued or on the outcome of any clinical decision.
7. Accuracy and Security Obligations.
7.1. Security. You are responsible for your access to and use of the Services, including all financial transactions. You agree to immediately notify us of any breach of security that may occur through your access or use of the Services and to prevent its further occurrence. If you become aware that someone may be impersonating or attempting to impersonate you in using the Services or processing any financial transactions through the Services, you should contact us immediately.
7.2. Accuracy of Personal Information. You represent and warrant that all information you provide to us or CareValidate through the Website is current, accurate, complete, and truthful, including all initial or updated registration information, such as your legal name, street address, email address, telephone number, and financial transaction account information. You further represent and warrant that you are an authorized account holder of any financial transaction account you provide to us, CareValidate, or our payment processor through the Website.
8. Prohibited Conduct. Without limiting the prohibitions and restrictions found elsewhere in these Terms, you agree not to:
We reserve the right to refuse service, remove or edit content, or cancel orders in our sole discretion.
9. Third-Party Sites. The Website may include links to or access to third-party websites, platforms, or services (collectively, "Linked Sites") solely for your convenience. We do not control, endorse, sponsor, or assume any responsibility for any Linked Sites or for any information, content, materials, products, or services made available through them. We make no representations or warranties, express or implied, regarding the accuracy, completeness, or reliability of any information, content, materials, products, or services available on or through any Linked Sites. Your access to and use of Linked Sites is entirely at your own risk and subject to the terms and policies of the applicable third party. We encourage you to review the applicable terms of use and privacy policies before interacting with any Linked Site.
10. Data Retention. We reserve the right to retain personal information for as long as reasonably necessary to (i) provide and maintain the Services; (ii) comply with applicable legal, regulatory, accounting, or reporting obligations; (iii) resolve disputes and enforce our agreements; or (iv) pursue our legitimate business purposes consistent with applicable law, but we are obligated to do so only as long as required by applicable law. We may delete or de-identify personal information when it is no longer needed for these purposes, unless a longer retention period is required or permitted by law or by an applicable agreement.
For more information about how we collect, use, share, and retain personal information, please review our Privacy Statement. The data practices of CareValidate, the Healthcare Providers, and the Pharmacies are described in their own privacy policies and, for the Healthcare Providers, their Notice of Privacy Practices.
11. Indemnification. You agree to defend, indemnify, and hold harmless us and CareValidate, our and its affiliates, and our and their respective officers, directors, employees, agents, licensors, and contractors, as well as any third parties that offer products or services in connection with the Services, including the Healthcare Providers and the Pharmacies (collectively, the "Indemnified Parties"), from and against any and all claims, demands, actions, suits, proceedings, damages, judgments, settlements, losses, liabilities, costs, and expenses, including reasonable attorneys' fees and litigation expenses, arising out of or relating to: (i) your use of the Services; (ii) your fraud, willful misconduct, or violation of applicable law; (iii) your breach of these Terms; or (iv) your infringement or violation of the rights of any other person or entity.
The Indemnified Parties reserve the right, at their own expense, to assume exclusive control of the defense and settlement of any claim subject to indemnification under this Section, and you agree to cooperate reasonably with the defense of such claim. You may not settle any claim subject to indemnification without the prior written consent of the applicable Indemnified Party if the settlement imposes any obligation, admission, or liability on that Indemnified Party.
12. Disclaimer of Warranties. WE AND CAREVALIDATE ARE NOT PROVIDERS OF MEDICAL TREATMENT. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION OR HEALTH CONCERN, AND IF YOU HAVE A PHYSICIAN OUTSIDE THE SERVICES, KEEP YOUR PHYSICIAN INFORMED OF THE MEDICAL TREATMENTS YOU ARE RECEIVING.
THE SERVICES ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, CAREVALIDATE, THE HEALTHCARE PROVIDERS, AND THE PHARMACIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, OR FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
WE, CAREVALIDATE, THE HEALTHCARE PROVIDERS, AND THE PHARMACIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY, ERROR-FREE, OR FREE FROM TECHNICAL FAILURES, OR MAKE ANY WARRANTY REGARDING THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY INFORMATION, MATERIALS, OR CONTENT MADE AVAILABLE THROUGH THE SERVICES. WE, CAREVALIDATE, THE HEALTHCARE PROVIDERS, AND THE PHARMACIES ARE NOT RESPONSIBLE FOR ANY PROBLEMS, DELAYS, INTERRUPTIONS, OR TECHNICAL MALFUNCTIONS OF NETWORKS, SYSTEMS, SERVERS, SOFTWARE, INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS SYSTEMS, OR COMPUTER EQUIPMENT, OR FOR ANY INJURY OR DAMAGE TO USERS OR THIRD PARTIES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES. WE AND CAREVALIDATE ARE ALSO NOT RESPONSIBLE FOR KEEPING BACKUP COPIES OF YOUR INFORMATION STORED ON THE PLATFORM FOR ANY LONGER THAN REQUIRED BY LAW; AS A RESULT, YOU SHOULD KEEP YOUR OWN COPIES OF YOUR INFORMATION STORED ON THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, CAREVALIDATE, OUR OR ITS AFFILIATES, OR ANY THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICES, INCLUDING THE HEALTHCARE PROVIDERS AND THE PHARMACIES (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR REPUTATION, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR SERVICES, INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICES.
This limitation applies regardless of the legal theory asserted, whether based in contract, tort (including negligence), warranty, statute, or otherwise, and regardless of whether any Covered Party has been advised of the possibility of such damages.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COVERED PARTIES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (US $100).
Any claim or cause of action arising out of or relating to your use of the Website, Services, or Content must be brought within one (1) year after the date on which the claim or cause of action first arose, or such claim or cause of action is permanently barred, to the extent permitted by applicable law.
You understand and agree that your use of the Website and Services is predicated on your waiver of any right to participate in a class action or representative action for any claims arising out of or relating to your use of the Website or Services, except as expressly provided in the Arbitration Agreement.
Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. To the extent such laws apply to you, the limitations and exclusions in this Section apply only to the maximum extent permitted by applicable law.
14. Arbitration Agreement With Class Action Waiver. PLEASE READ THIS PROVISION CAREFULLY. This provision requires you to arbitrate disputes on an individual basis and limits the manner in which you may seek relief.
You agree that any dispute, claim, or controversy arising out of or relating to this Arbitration Agreement, these Terms, the Privacy Statement, the Website, the Services, or the advertising or marketing practices, products, or services of us, CareValidate, the Healthcare Providers, or the Pharmacies (collectively, "Disputes") shall be resolved by binding, final, and confidential arbitration on an individual basis before a single arbitrator administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. This Arbitration Agreement does not apply to claims against a Healthcare Provider arising from the professional healthcare services it provided to you, which are governed by the Healthcare Provider's own terms and applicable law.
This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1–16, and shall be interpreted broadly consistent with the FAA. The arbitrator shall have exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of it is void or voidable. The arbitrator shall apply the substantive law of the State of New York, to the extent consistent with the FAA. The arbitrator may award any relief available in an individual action under applicable law, including compensatory and statutory damages and attorneys' fees and costs where authorized by statute. The arbitrator may award injunctive or declaratory relief only to the extent necessary to resolve your individual claim and may not award relief that would affect other users or the public at large.
The arbitrator may resolve only individual Disputes between you and us, CareValidate, the Healthcare Providers, or the Pharmacies, and may not consolidate claims or proceedings or hear class, collective, representative, or private attorney general claims or requests for relief on behalf of other individuals. If a court or arbitrator determines that any portion of this Arbitration Agreement is unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed and may be brought in court, and all remaining claims shall be arbitrated.
Notwithstanding the foregoing, we and CareValidate may seek injunctive or equitable relief in state or federal court to protect our or its intellectual property rights, including claims arising from actual or threatened misappropriation, infringement, or unauthorized use of intellectual property. You agree that venue is proper and that you are subject to personal jurisdiction in such courts.
Unless you timely opt out, you understand and agree that you are waiving the right to: (a) have a court or jury decide your Dispute; (b) obtain discovery to the same extent as in court; (c) participate in a class, collective, or representative action, whether as a representative, member, or opponent; (d) act as a private attorney general; or (e) join or consolidate your Dispute with that of any other person. Other rights that would be available in court may also be unavailable in arbitration.
To opt out of this Arbitration Agreement, send a written request by email to administration@jellyphysh.com within thirty (30) days after you first accept these Terms. Your request must include your name and the email address you used with the Services and state that you are opting out of the Arbitration Agreement.
15. Miscellaneous.
15.1. Waiver and Severability. If a court of competent jurisdiction determines any part of these Terms to be invalid or unenforceable, that part will be modified by the court solely to the extent necessary to make it enforceable, and the remainder of these Terms will remain in full force and effect. Our failure to exercise or enforce a legal right, remedy, or benefit contained in these Terms or any applicable law does not constitute a waiver of our right to do so later.
15.2. Choice of Law; Forum. These Terms are governed in all respects by the laws of the State of New York, without regard to conflict of law provisions, consistent with the Federal Arbitration Act to the extent permitted by applicable law. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be brought exclusively in the state or federal courts located in New York County, New York.
15.3. Assignment. We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns, and licensees. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under these Terms, or delegate your duties under them to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of these Terms.
15.4. Entire Agreement. These Terms, together with any additional terms, policies, or agreements expressly incorporated by reference or posted by us on the Website or in connection with the Services, constitute the entire agreement between you and us regarding your access to and use of the Website and Services, and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to their subject matter, including any prior versions of these Terms.
15.5. Contact. Questions about these Terms may be sent to Jellyphysh LLC, 228 Park Ave S, #296519, New York, NY 10003, or support@jellyphysh.com.