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Terms of use
Greetings and welcome to JACKSONVILLE INSIDER! Whether you’re navigating our website, engaging in our online community, utilizing our messaging application, or accessing our various services, provided by JACKSONVILLE INSIDER INC. and its affiliated entities (referred to collectively as “Jacksonville Insider,” “us,” “our,” or “we”), these Terms of Use (referred to as the “Terms” or “Agreement”) govern your interaction with our website, applications, features, and software, along with associated services offered through our online platform (collectively known as the “Platform” or “Service(s)”). By accessing the Jacksonville Insider Platform or any of our Services available at https://www.jacksonvilleinsider.com/, or any associated domains, sub-domains, websites, apps, background applications, third-party site integrations, or by using the Service in any manner, you acknowledge that you have read, comprehended, and agreed to abide by these Terms. These Terms are applicable to all visitors, users, and anyone accessing the Service (referred to as “Users”). We retain the right, at our discretion, to modify or amend portions of these Terms at any time. If these changes impact your use of the Services or your legal rights, we will notify you at least seven days prior to the changes taking effect. Unless otherwise stated, your continued use of the Service following the posting of changes or modifications will constitute your full acceptance and agreement to those changes. Should you object to the modifications, your recourse is to discontinue using the Service.
PLEASE READ THESE TERMS THOROUGHLY TO ENSURE FULL UNDERSTANDING OF EACH PROVISION. NOTABLY, THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH MANDATE, UNLESS YOU OPT OUT ACCORDING TO THE INSTRUCTIONS, THE EXCLUSIVE UTILIZATION OF MANDATORY, FINAL, AND BINDING ARBITRATION TO RESOLVE DISPUTES BETWEEN YOU AND US. THIS ENCOMPASSES ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO YOUR ACCEPTANCE OF THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU VOLUNTARILY WAIVE YOUR RIGHT TO SEEK REDRESS IN A COURT OF LAW AND TO ENGAGE IN A JURY TRIAL REGARDING YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
You acknowledge that the Service may provide you access to exchange stories and experiences related to health, well-being, and/or medical treatment. By utilizing the Service, you understand that any such provided treatment, medical, or patient information may be accessed and viewed by others. These Terms also delineate the limitations of liability that we bear towards you and disclaim any and all warranties regarding the satisfaction, outcome, or results from your use of the Service. It is essential to note that we do not endorse or verify any practitioners, results, or treatments provided by the Service. The Service, results, our content, and materials are all presented to you “as is,” without any guarantees, and you are solely responsible for your own use of the Service.
Moving on to the specifics of the Service:
ELIGIBILITY: These Terms establish a contractual relationship between you and Jacksonville Insider. You must read and agree to these Terms before accessing or using the Service. If you are using the Service on behalf of a company or another legal entity, “you” also encompasses such company or legal entity, and you agree to be bound by these Terms even if a separate agreement exists between us. If you disagree, refrain from using the Service. Usage of the Service is permissible only if you can enter into a binding contract with Jacksonville Insider and comply with these Terms and all applicable laws. Individuals under 13 years of age (or under 16 in Europe) are strictly prohibited from using or accessing the Service. The Service is not available to individuals whose accounts have been previously removed, banned, or terminated by Jacksonville Insider.
Jacksonville Insider reserves the right to modify or discontinue the Service, either temporarily or permanently, with or without notice. Access to the Services may be denied for any reason, including a violation of these Terms. Jacksonville Insider holds the right to issue a warning, terminate, or suspend any or all accounts created by a user without prior notice, at its sole discretion. Practitioners, treatment providers, instructors, or studios using the Services to list their services may be subject to supplemental terms disclosed in connection with the applicable Services. In the event of a conflict, supplemental terms prevail over these Terms for the relevant Services.
ACCOUNT REGISTRATION: Upon launching the Service, if you don’t have a registered account (“Account”), you’ll be prompted to create one by providing and verifying personal information (referred to as “Account Information”). You may need to select a username, password, valid email address, and other information to access certain applications or features. You are responsible for your login credentials and any activity resulting from their use on your Account. Jacksonville Insider reserves the right to reject any Account registration or terminate your Account at its discretion, without liability. By providing your Account Information or creating an Account, you consent to the public display of all associated information on your user profile. You agree that your Account and profile may include personal information provided by you, and we may update your profile with information extracted from your Account or through your use of the Platform.
You affirm that the information you provide upon registration and at all times is true, accurate, current, and complete. Maintaining the confidentiality of your login credentials is your responsibility, and you are fully responsible for all activities on your Account. Jacksonville Insider is not liable for third-party actions under your Account. Notify us immediately if you suspect unauthorized use of your Account. We are not liable for any loss or damage arising from unauthorized use of your credentials.
COMMUNICATIONS: Creating an Account or using the Services implies electronic agreement to accept and receive communications from Practitioners, Jacksonville Insider, Jacksonville Insider affiliates, or third parties providing services to Jacksonville Insider. You agree to accept various forms of communication, including email, text, mobile push notices, notices on the Platform, regarding security, privacy, and administrative issues related to your use of the Service. “Affiliates” refers to any entity directly or indirectly controlled by or under common control with Jacksonville Insider. For communication purposes, you waive any moral rights applicable to Jacksonville Insider’s exercise of the license granted.
FEEDBACK: When submitting ideas, suggestions, proposals, or improvements (collectively referred to as “Feedback”) to Jacksonville Insider, you represent and warrant that you have the right to disclose the Feedback, it does not violate the rights of others, does not contain confidential or proprietary information of third parties, and Jacksonville Insider is entitled to use, disclose, reproduce, license, and distribute such Feedback without obligation. By sending Feedback, you acknowledge that we have no obligation of confidentiality, and we may have similar ideas under consideration or in development. You grant us an irrevocable, non-exclusive, royalty-free license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, waiving any moral rights against Jacksonville Insider and its Users. This Feedback section survives account termination.
You can report any User content that you think violates these Terms or any inappropriate User behavior to Jacksonville Insider by sending an email to [email protected]
THIRD-PARTY WEBSITE LINKS: Within the Platform, there may be links to third-party websites, either provided by us as a service to users interested in additional information or posted by other users. Your utilization of such links to third-party websites is at your own risk. We neither monitor nor control these third-party websites and make no claims or representations regarding them. If provided by us, these links are solely for convenience, and their inclusion does not imply our endorsement, adoption, sponsorship, or affiliation with these third-party websites. When you leave the Platform, our terms and policies cease to govern your usage of third-party websites.
PAYMENTS AND FINANCIAL TRANSACTIONS: You acknowledge that, unless otherwise agreed, Jacksonville Insider will not process any payments or transactions with you. All financial transactions or payments you undertake will occur through the applicable practitioner’s platform providing the wellness services. We lack control over these transactions and cannot reverse them. Refunds for purchases made on the practitioner’s website or third-party payment provider are not provided by Jacksonville Insider. You must ensure that the information given to third-party payment service providers in these transactions is accurate, complete, and current. Any charges on your credit card or other payment method are your responsibility. Jacksonville Insider is not a broker, financial institution, or creditor, functioning solely as an administrative platform. We deny any obligation to indemnify or hold you harmless for losses resulting from transactions outside our website.
RULES OF CONDUCT AND USAGE: The Service includes community-focused messaging and communication platforms called “Communication Channels” for users to engage in public and private chat room forums. While Jacksonville Insider is not obligated to monitor these channels, we may do so as part of our service. Jacksonville Insider reserves the right to terminate or suspend access to any Communication Channels at any time, without notice and for any reason. You acknowledge that user content on Communication Channels, including chats, postings, or materials, is not endorsed or controlled by us. Jacksonville Insider is not liable for any activity within Communication Channels, and we do not endorse the information you choose to share on them or the actions of other users.
As a condition of using the Service, you agree to use the platform lawfully, in line with these Terms, and all applicable laws. You are solely responsible for all messages and content posted through your account. The Service should not be used to:
- Defame, mock, stalk, threaten, harass, intimidate, or abuse any user.
- Impersonate another person or user, or use their email address, phone number, or account information.
- Engage in fraudulent, illegal, or harmful conduct to us, the Services, or any other user.
- Upload files containing viruses, Trojan horses, worms, or any other harmful software.
- Violate anti-spam laws, such as the USA CAN-SPAM Act.
- Infringe on the rights of any party, including copyright, trademark, patent, or trade secret.
- Obtain passwords or private information from other users.
- Improperly use support channels or complaint buttons to make false reports.
- Act in a harassing, threatening, abusive, racist, bigoted, or objectionable manner.
- Discriminate regarding access to created communities.
- Promote, endorse, or engage in illegal activities.
- Develop, distribute, or inform others about “auto” or “macro” software programs, or other “cheat utility” software.
- Exploit, distribute, or inform others about game errors or bugs that provide an unintended advantage.
These rules are not exhaustive, and we reserve the right to determine violations and improper use of the Service, taking actions such as termination of your account and exclusion from further participation.
ENFORCEMENT BY JACKSONVILLE INSIDER: While Jacksonville Insider is not obligated, we reserve the right to review and delete any content that violates these Terms or other policies posted on the Platform. If you believe certain content violates our policies, you can report it to us. We may choose not to remove or edit content that you find objectionable, and that decision does not constitute a violation of these Terms or any agreement with you. Additionally, we may investigate and take appropriate action at our discretion if you violate these Terms, including removing content, suspending your rights, terminating your membership, reporting you to authorities, or pursuing legal action.
DISPUTES WITH OTHER USERS: You are responsible for your interactions with other users, and Jacksonville Insider disclaims liability for your use of the Service or interactions with other users. While we reserve the right to monitor disputes between users, we have no obligation to manage them.
COPYRIGHT: Copyright Complaints: Jacksonville Insider respects intellectual property rights and asks users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been violated, notify Jacksonville Insider according to the provided procedure. Jacksonville Insider will process and investigate notices of alleged infringement, taking appropriate action under the Digital Millennium Copyright Act and other applicable laws.
FAIR CREDIT REPORTING ACT: Prohibiting the use of user data for credit, employment, or insurance evaluations, Jacksonville Insider asserts its non-affiliation with the Fair Credit Reporting Act. The platform is not a consumer reporting agency, and information available on the Service is not intended for furnishing consumer reports. Users are expressly prohibited from using the Service for personal credit, insurance, employment assessments, or other personal business transactions.
COUNTER-NOTICE: Users can submit a counter-notice if they believe removed content does not infringe copyright or if they have authorization from the copyright owner to use it. Jacksonville Insider will review counter-notices and may restore content after 10 business days unless the copyright owner files an action seeking a court order against the content provider.
REPEAT INFRINGER POLICY: Jacksonville Insider may terminate users deemed repeat infringers under the Digital Millennium Copyright Act and other applicable law.
JACKSONVILLE INSIDER MATERIAL: All materials on the Services, including software, images, text, graphics, illustrations, logos, patents, trademarks, copyrights, audio, videos, music, and other materials (“Jacksonville Insider Material”), are the exclusive property of Jacksonville Insider and its licensors. Except as explicitly provided, this Agreement does not grant a license to these Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, reproduce, or create derivative works from any Jacksonville Insider Material.
For the purposes of this Agreement, “Intellectual Property Rights” refers to patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.
THIRD-PARTY CONTENT: The Platform may present Content from other Users, advertisers, and third parties. You acknowledge that you do not acquire ownership rights by downloading Third-Party Content. Modifying, copying, distributing, reproducing, republishing, downloading, or exploiting Third-Party Content without express written permission is strictly prohibited. Jacksonville Insider is not liable for the accuracy, currency, suitability, or quality of Third-Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Third-Party Content provided by other Users or third parties. As outlined in Section 230 of the U.S. Communications Decency Act, we generally cannot be held liable for claims arising from Third-Party Content provided by third parties on the Platform.
You affirm, guarantee, and commit that you do not:
reside in, hold residency in, or have nationality from any country subject to U.S. government embargo, sanctions, or similar restrictions, or designated as a “terrorist supporting” nation by the U.S. government; appear on any U.S. government lists identifying restricted end users; or
be subject to sanctions in accordance with U.S. law imposed by the government of the country where you access the Platform.
TERMINATION:
You reserve the right to conclude your Account at your discretion and for any reason by initiating the account deletion process through the User Settings page in the application. Jacksonville Insider retains the authority to terminate your Account and your access to the Service, or specific segments of the Service at its sole discretion, for any reason. No prior notice or warning is obligatory from Jacksonville Insider before such termination. Please be aware that termination may result in the loss of your Account, along with all associated information and data, including but not limited to Virtual Currency and Virtual Goods, and Jacksonville Insider is not obligated to compensate for any such losses.
DISCLAIMER OF MEDICAL LIABILITY
The Services provided are intended solely for informational, educational, and scheduling purposes, and should not be considered a substitute for medical advice, diagnosis, or treatment. We do not provide therapy, medical advice, or diagnostic services. Our role is to furnish an online platform for practitioners and users to connect, and for users to obtain information about treatments and medical conditions. Jacksonville Insider is not responsible for the actions or omissions of practitioners. Our responsibilities are limited to providing the platform and its associated services.
Practitioners and users are individually responsible for their interactions, and any claims, injuries, illnesses, damages, liabilities, or costs resulting from such interactions are the sole responsibility of the parties involved. You agree not to hold Jacksonville Insider liable or seek legal remedies against us in relation to such claims. Jacksonville Insider does not control the content in any profile and disclaims liability for practitioners’ services obtained through the platform and/or services. Consequently, any user’s acquisition of practitioners’ services through the platform is undertaken at their own risk. Information presented on the platform by practitioners, advertisers, or other users is provided for informational purposes and may not be suitable for every individual or predictive of effectiveness, outcome, or success. Relying on information from the platform is done at your own risk.
The Services are not intended for diagnostic purposes, including information about appropriate drugs or treatments for you. Disregard any drug treatment advice delivered through the Platform. Exercise caution when using the Platform, and be aware that the Services do not replace face-to-face sessions with licensed qualified professionals. Do not solely base health or well-being decisions on this Platform. Always seek medical advice from your doctor or qualified healthcare professional, and do not delay seeking such advice because of information or advice received through the Platform.
Jacksonville Insider does not endorse or recommend any practitioners and does not make representations or warranties regarding their information or the quality of the services they provide. Despite our efforts to verify information provided by practitioners, we cannot guarantee the authenticity of credentials, licenses, certifications, or background information. Use the platform at your own risk.
NO WARRANTY
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Jacksonville Insider, its subsidiaries, affiliates, and licensors do not warrant that any content is accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service, platform, content, and any Jacksonville Insider material is free of viruses or other harmful components. You are solely responsible for any damage to your computer system or mobile device or loss of data resulting from your use of the Service.
Furthermore, Jacksonville Insider does not warrant, endorse, guarantee, or assume responsibility for any product, service, or content, including material or content advertised or offered by a third party through the Service or any hyperlinked website or service. Jacksonville Insider will not be a party to or monitor any transaction between you and third-party providers. Jacksonville Insider will not be responsible or liable for any loss and takes no responsibility for any use of services, including but not limited to losses, damages, or claims arising from: (i) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (ii) server failure or data loss; (iii) corrupted wallet files; (iv) unauthorized access to applications; (v) any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing, or other means of attack against the Service, platform, Jacksonville Insider material, third-party content, your account, or your information.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Jacksonville Insider, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Jacksonville Insider be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Jacksonville Insider assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) user information or the defamatory, offensive, or illegal conduct of any third party.
Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of Jacksonville Insider arising out of or in any way related to this Agreement, the access to and use of the Service, content, Jacksonville Insider material, or any products or services purchased on the Service exceed $100. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Jacksonville Insider has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
Nothing in this section shall be construed as preventing Jacksonville Insider from seeking injunctive or other equitable relief from the courts when necessary to prevent actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights. Similarly, this does not hinder you from asserting claims in small claims court if your claims qualify, and as long as the matter remains in such court and progresses solely on an individual (non-class, non-representative) basis.
If any part of this Arbitration Agreement is found to be void, unenforceable, or unlawful, the void, unenforceable, or unlawful provision (in whole or in part) shall be severed. This severance shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force. It also does not affect the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. However, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
GENERAL
Injunctive and Other Equitable Relief: You acknowledge that the rights granted and obligations made to Jacksonville Insider under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Jacksonville Insider for which remedies at law are inadequate. Jacksonville Insider shall, therefore, be entitled to seek injunctive or other equitable relief without the obligation to post any bond or surety in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
Entire Agreement: These Terms constitute the entire agreement between you and Jacksonville Insider concerning your use of the Service and any other subject matter hereof. They cannot be changed or modified by you except as expressly posted on the Service by Jacksonville Insider. Additional terms and conditions may apply when you use affiliate or third-party services, third-party content, or third-party software.
Waiver: The failure of Jacksonville Insider to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions reflected in the provision. The other provisions of these Terms shall remain in full force and effect.
Course of Conduct/Trade Practice: Neither the course of conduct between the parties nor trade practice will modify these Terms.
Assignment: You may not assign these Terms without Jacksonville Insider’s prior written consent, but they are freely assignable by Jacksonville Insider. Subject to this restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors and assigns.
Documentation of Compliance: Upon Jacksonville Insider’s request, you will provide any documentation, substantiation, or releases necessary to verify your compliance with these Terms.
International Use; Export Controls: Software associated with the Service and the transmission of relevant data are subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service.
Interpretation: You agree that these Terms will not be construed against Jacksonville Insider by virtue of having drafted them.
Defenses Based on Electronic Form of These Terms: You hereby waive any defenses based on the electronic form of these Terms and the lack of signing by the parties to execute these Terms.
Survival: Provisions of these Terms that, by their nature, should survive termination will survive any termination of these Terms.
Contact: If you have any questions about these Terms, please contact us at [email protected]
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The Practitioner Terms (referred to as the “Agreement”) become effective as of the date mentioned above (“Effective Date”) and involve the agreement between JACKSONVILLE INSIDER Inc. (“Jacksonville Insider,” “us,” “our,” or “we”) and the party specified on the Practitioner Account Page (“Practitioner” or “you”), along with any Office and Office Members (as defined below) represented by you. This Agreement complements the Terms of Use previously agreed upon by the parties and regulates your usage of the Platform as a Practitioner. Unless explicitly defined otherwise below, capitalized terms in this Agreement carry the meanings assigned to them in the Terms of Use. If a capitalized term lacks a definition or has a context-specific meaning, it will adopt the industry standard meaning.
In this Agreement, “Office” denotes the entity for which Practitioner has enlisted Jacksonville Insider to provide Services. It encompasses all facilities, assistants, and other wellness providers, as well as staff members (each an “Office Member”) located in the same office or affiliate offices, provided such affiliates are part of a single affiliated covered entity. In cases where the Office lacks a separate corporate parent entering into this Agreement on the Office’s behalf as Practitioner, references to Practitioner herein also imply Office, and references to Office imply Practitioner. This Agreement includes, by reference, any Practitioner account page and/or Sign Up Page accessible through the Services or other order form or agreement entered into by the parties (collectively, the “Practitioner Account Page”) and any addenda agreed upon by the parties, as if the terms of such Practitioner Account Page or addenda were explicitly stated herein.
BY ACCESSING, SIGNING, OR PROVIDING CREDIT CARD INFORMATION ON A PRACTITIONER ACCOUNT PAGE THAT REFERENCES THIS AGREEMENT OR OTHERWISE AGREEING TO THESE TERMS, YOU HEREBY DECLARE AND WARRANT THAT YOU ARE DULY AUTHORIZED TO ENTER INTO AND BIND PRACTITIONER AND THE OFFICE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT ALL SUCH USE BY PRACTITIONER OR THE OFFICE IS SUBJECT TO SUCH TERMS AND CONDITIONS. IF YOU DISAGREE WITH THESE TERMS OR LACK AUTHORIZATION TO BIND PRACTITIONER OR THE OFFICE, DO NOT ACCESS, SIGN, OR PROVIDE CREDIT CARD INFORMATION ON THE PRACTITIONER ACCOUNT PAGE, AND PRACTITIONER AND THE OFFICE ARE NOT PERMITTED TO USE THE SERVICES AND/OR THE JACKSONVILLE INSIDER SITE. ALL OTHER USES OF THE SERVICES AND/OR THE JACKSONVILLE INSIDER SITE ARE STRICTLY PROHIBITED.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT IN SECTION 16.f, BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU, OFFICE, AND JACKSONVILLE INSIDER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Jacksonville Insider Services
Services: Subject to the terms and conditions of this Agreement and payment of the fees outlined in Section 6 and any Practitioner Account Page or addendum to this Agreement (if applicable), Jacksonville Insider may offer various services through the Jacksonville Insider Site and Partner Sites (“Services”). These may include, but are not limited to: (i) hosting Office and Office Member profile web pages and marketing Office Members and their services on the Jacksonville Insider Site (collectively, the “Marketing Services”); (ii) wellness appointment scheduling services, integration with Practitioner’s practice management system, and appointment reminders for Customers (defined below in Section 5) (collectively, the “Scheduling Technology Services”); (iii) account relations services; (iv) billing, collection, and payment services (collectively, the “Payment Services”); and (v) photography shoots of the Practitioner Office. This Agreement does not establish an exclusive arrangement between you and Jacksonville Insider. It does not restrict (a) you from advertising in other publications or media or (b) Jacksonville Insider from selling Ad Space to any third parties.
Practitioner Access: Throughout the Term, and subject to the terms and conditions of this Agreement, Jacksonville Insider grants Practitioner the right to access and use the Services and/or the Jacksonville Insider Site. Practitioner may also permit its Office Members, agents, and subcontractors to access and use the Services and/or the Jacksonville Insider Site solely on Practitioner’s behalf. Practitioner is responsible for any use of the Services and/or the Jacksonville Insider Site by such Office Members, agents, and subcontractors. During the Term and subject to the terms and conditions of this Agreement, Practitioner grants Jacksonville Insider the right to access and use Practitioner’s practice management system and calendar system (“Practitioner’s Systems”). Practitioner shall provide cooperation, technical assistance, resources, and support necessary for Jacksonville Insider to implement and perform the Services.
Practitioner Information: Practitioner acknowledges that, to provide certain Services, Jacksonville Insider shall make specific Office information available to Jacksonville Insider’s end users who have consented to Jacksonville Insider’s terms of use. This information includes the address, phone number, fax and email of the Office and Office Members, appointment availability, participating insurance plans, general Office information, and trademarks, logos, and other materials provided by Practitioner (“Practitioner Logos”). This information, collectively referred to as “Practitioner Information,” may be used, modified, displayed, and reproduced by Jacksonville Insider in connection with providing and marketing the Services and the Jacksonville Insider Site. Practitioner may request modifications to Practitioner Information, and Jacksonville Insider may incorporate such changes into Practitioner’s profile on the Jacksonville Insider Site at its discretion.
Accounts: Each Office Member must create and maintain Accounts to use the Services and/or the Jacksonville Insider Site. These Accounts involve uploading, reviewing, and updating Practitioner Information via the Jacksonville Insider Site. Account information must remain confidential, and Practitioner is solely responsible for any disclosures or unauthorized use of its Account information. Practitioner shall promptly notify Jacksonville Insider following any unauthorized use, access, or other compromise of an Account and when an Office Member leaves or is no longer employed.
Reviews: Jacksonville Insider gathers feedback from Customers who use the Jacksonville Insider Site regarding the Office and/or Office Members (“Reviews”). While Jacksonville Insider may occasionally remove Reviews, it is not obligated to review them for accuracy or content, nor is it obligated to remove any Reviews. Practitioner releases Jacksonville Insider from any liability related to or arising from Reviews, including claims of defamation, libel, falsehood, misleading information, unfair practices, deception, and/or disparagement. Practitioner expressly waives any rights under California Civil Code Section 1542 or similar statutes in other jurisdictions, releasing claims unknown or unsuspected at the time of the release. Information in or part of Reviews pertaining to Customers is Customer Information, collected at the discretion of Jacksonville Insider and not on behalf of Practitioner.
Practitioner Sourced Reviews: If applicable, Jacksonville Insider may display reviews of Office Members submitted by non-Jacksonville Insider end users or Customers directly to Practitioner or an agent of Practitioner (“Practitioner Sourced Reviews”). Practitioner agrees to work in good faith to conform Practitioner Sourced Reviews to Jacksonville Insider’s standard form for publication through the Services. Jacksonville Insider may, at its discretion, remove any Practitioner Sourced Review that violates its policies or applicable laws.
Telecommunication Facilitation Software: Jacksonville Insider may, at its sole discretion, opt to provide Telecommunication Facilitation Services using either its proprietary telemedicine technology or by collaborating with a third-party technology provider. In either scenario, the Telecommunication Facilitation Services fall within the definition of “Software” under the Agreement and are, accordingly, subject to the same terms and conditions applicable to other Software outlined herein.
Telecommunication Representations and Warranties:
Practitioner represents, warrants, and covenants that, throughout the Term:
- Each Office Member engaging in Telecommunication Encounters holds valid, unexpired, unrevoked, and unrestricted licenses, authorizations, and certifications (“Licenses”) necessary for Telecommunication Encounters. These Licenses encompass, but are not limited to, (i) a license to practice medicine in the jurisdiction where the Customer is located, unless exempt, and (ii) any Licenses required for Telecommunication Encounters within a specific sub-specialty of medicine.
- Telecommunication Encounters by Office Members comply with all applicable state and federal laws and regulations, covering (i) Office Members’ scope of practice, (ii) remote prescribing, (iii) permitted modalities of telemedicine, (iv) privacy and security, and (v) coding, billing, and collection activities.
- Offices shall obtain informed consent from Customers before engaging in Telecommunication Encounters, and such consent will adhere to all applicable laws and regulations governing wellness services provided via telemedicine.
- Practitioner is responsible for establishing policies and procedures operationalized in case a Customer requires emergency wellness services during a Telecommunication Encounter.
Practitioner Responsibilities:
- Practitioner Information: Practitioner will collaborate with Jacksonville Insider or its agents to verify information specified in Section 8.b, Practitioner Information, and any other information deemed necessary by Jacksonville Insider for confirming Office Members’ professional qualifications. Practitioner will promptly update Jacksonville Insider, following Section 8.b, of any change in Practitioner Information, holding Practitioner solely responsible for any liability or expense arising from outdated or inaccurate Practitioner Information.
- Acceptance of Customers: Accepting an appointment scheduling request from Jacksonville Insider for a Customer signifies Practitioner’s acceptance of that Customer as a client. Practitioner is fully responsible for all services rendered to the Customer and collecting payment for these services. Jacksonville Insider bears no responsibility for fee collection, except for obligations under Payment Services. Practitioner has no liability for fees unpaid by a Customer.
- Incorrect Practitioner Information: Practitioner agrees not to charge Customers whose appointments are based on outdated or incorrect Practitioner Information.
- Scheduling Requests: Practitioner will respond to Customer scheduling requests within a reasonable time but no later than twenty-four (24) hours after Jacksonville Insider’s appointment request. Repeated rescheduling or canceling may affect Practitioner’s position in appointment listings, at Jacksonville Insider’s discretion.
- Confirmation of Customer Information: If a Customer authorizes Practitioner to access their information before an appointment, Practitioner will provide a copy at the appointment and allow the Customer to review and accept or revise the information. Practitioner releases and indemnifies Jacksonville Insider from claims related to Practitioner’s failure to have the Customer accept the information or any errors in it.
- Contact: Jacksonville Insider may contact any Office Member regarding Services, Software, or the Jacksonville Insider Site. If Practitioner opts out of communications, it expressly opts back in as a condition of receiving Services.
- Non-Jacksonville Insider Clients: Practitioner using Services for non-Jacksonville Insider clients must obtain required consents and authorizations from clients for Service use, consistent with this Agreement and applicable law.
Fees and Payments:
- Services Fees: Practitioner pays Jacksonville Insider initial setup or recurring fees specified on the Practitioner Account Page or elsewhere. Taxes are not included, and Practitioner agrees to pay applicable taxes unless providing a valid tax exemption certificate.
- Other Fees: Practitioner pays additional fees outlined in addendums or Practitioner Account Pages.
- Termination: Upon termination, Practitioner pays Jacksonville Insider all accrued fees under this Agreement or addendums.
- Refund Policy: Practitioner has 30 days from signup for a refund. After 30 days, no refunds are available. Refunds deduct the $250 photoshoot fee if booked.
- Split Pay Policy: Split payment plans for annual or lifetime memberships divide fees into non-refundable payments. No refunds or cancellations apply after the 30-day refund policy.
- Photoshoot Policy: Refunds deduct the $250 photoshoot fee if booked. Snappr’s rescheduling fees are non-refundable.
Participation; Services: Jacksonville Insider does not exclude any qualifying individual or entity from participating in Services. Practitioner payments are fair market value and not based on the value or volume of services. Jacksonville Insider imposes no requirements on Practitioner’s service provision, except not charging different rates for Jacksonville Insider users.
Limitation of Liability for Use:
Disclaimer: The parties mutually acknowledge and agree that Jacksonville Insider assumes no responsibility for:
- The accuracy, reliability, timeliness, or completeness of Practitioner Information, Benefit Information, Customer Information, or other data provided through the Services and/or the Jacksonville Insider Site.
- Any results obtained from using the Services and/or the Jacksonville Insider Site.
- The provision of Practitioner’s services due to reliance on Customer Information or other data provided through the Services and/or the Jacksonville Insider Site.
- The canceling or rescheduling of any appointment booked through the Services and/or the Jacksonville Insider Site.
- Use of the Software after the Term.
- Losses or injury resulting from Practitioner’s failure to implement and maintain the safeguards set forth in Section 8.a.ii or arising from a security incident not caused by Jacksonville Insider.
Health Care: Practitioner acknowledges that Jacksonville Insider is not a health care provider, licensed or otherwise. The direct care of Practitioner’s customers or clients remains Practitioner’s responsibility, and Jacksonville Insider is not accountable for assigning staff or any other activities related to wellness service provision.
Benefit Information: Practitioner may receive insurance-related information (Benefit Information) through the Services. Practitioner acknowledges that:
- Benefit Information is obtained via a clearinghouse and/or from the applicable insurance provider or Customer.
- Jacksonville Insider cannot confirm the accuracy of the data received.
- Jacksonville Insider makes no guarantees and disclaims all warranties regarding the accuracy, timeliness, completeness, or error-free nature of Benefit Information.
- Practitioner is responsible for verifying all Benefit Information with the applicable insurance carrier and Customer.
Representations, Warranties, and Covenants of Practitioner:
Confidentiality: Practitioner assures that it will maintain the confidentiality of Customer Information and use it only as permitted in this Agreement and in compliance with state and federal laws. Practitioner will implement and maintain reasonable safeguards to protect information confidentiality.
Office Member Information: Practitioner commits to providing accurate and complete information about Office Members, ensuring compliance with licensing, certifications, and other requirements. Practitioner will promptly notify Jacksonville Insider of any changes, and each Office Member must adhere to Jacksonville Insider Community Standards.
Competition: Practitioner agrees not to engage in any acts involving the use of the Services for anti-competitive purposes, price-fixing, or violating antitrust laws.
Discount Reporting: Practitioner agrees to disclose the net amount paid for Marketing and Scheduling Technology Services to applicable payors as required by law or contract.
Ownership Rights: Practitioner affirms ownership of the content submitted to Jacksonville Insider, including Practitioner Information, and holds the necessary rights and interests.
Practitioner Sourced Reviews: Practitioner ensures the legality of publishing Practitioner Sourced Reviews, affirming unbiased reviews without remuneration.
Indemnification: Practitioner will defend, indemnify, and hold Jacksonville Insider harmless from claims arising from Practitioner’s use of the Services, provision of services to Customers, Practitioner Sourced Reviews, or breach of this Agreement.
Other Representations and Warranties; Disclaimer of Warranties:
Mutual Warranties: Each party represents its validity, good standing, and ability to enter into and perform under this Agreement.
No Other Warranties: Jacksonville Insider disclaims all warranties, express or implied, regarding the Services, Software, and the Jacksonville Insider Site, except as expressly stated.
Limitation of Liability:
Disclaimer: Jacksonville Insider, partners, suppliers, vendors, or licensors are not liable for indirect, incidental, special, punitive, exemplary, or consequential damages, loss of profits, revenue, data, or interruption of service.
Limitation: Jacksonville Insider’s maximum aggregate liability for any loss or damages relating to or arising from this Agreement or any other agreement between the parties is the greater of fees paid by Practitioner in the previous twelve months or one hundred dollars ($100).
Marks; Non-Disparagement: Jacksonville Insider Marks: Practitioner may use Jacksonville Insider Marks with prior written approval and adherence to trademark usage guidelines. Practitioner shall not make comparative references or disparage Jacksonville Insider, its pricing, or the Services.
Practitioner Logos: Jacksonville Insider is granted a non-exclusive, royalty-free license by Practitioner to utilize Practitioner Logos in association with the Services for the duration of the Term.
Intellectual Property: All intellectual property rights, including but not limited to those pertaining to the Services, Software, and the Jacksonville Insider Site, along with content submitted by Customers or Practitioner (excluding Practitioner Logos), as well as all Jacksonville Insider-registered URLs and domains (even if they incorporate Practitioner Logos), remain the exclusive and valuable property of Jacksonville Insider. This encompasses patents, copyrights, trademarks, service marks, trade dress, the aesthetic appeal of the Jacksonville Insider Site, and trade secrets related to or arising from Service utilization.
Confidentiality: Confidential Information. The term “Confidential Information” denotes proprietary details disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”), which, at the time of disclosure, are orally designated as confidential, marked as “Confidential” or “Proprietary” in writing, or are reasonably understood to be confidential based on the information and circumstances. Confidential Information includes, among other things, the terms of this Agreement, business and marketing plans, technology insights, product designs, and information on the provision of Services and/or the Jacksonville Insider Site. It excludes publicly known information, information already known to the Receiving Party, information independently developed by the Receiving Party, or information obtained from a third party without any breach of obligation to the Disclosing Party.
Non-Disclosure: The Receiving Party shall refrain from disclosing or using any Confidential Information for purposes beyond this Agreement unless permitted in writing by the Disclosing Party. However, the Receiving Party may share such Confidential Information with its employees and contractors necessary for fulfilling obligations under this Agreement, provided they agree to terms akin to those herein. The Receiving Party must exercise the same level of care in protecting the Confidential Information as it does for its own confidential data.
Compelled Disclosure: If the Receiving Party is legally compelled to disclose Confidential Information, it will notify the Disclosing Party in advance (to the extent legally allowed) and provide reasonable assistance at the Disclosing Party’s request and cost if the Disclosing Party contests the disclosure.
Injunctive Relief: In the event of a breach of confidentiality obligations, the Disclosing Party has the right, besides other available remedies, to seek injunctive relief to prevent or stop such acts, acknowledging that other remedies may be insufficient.
Term; Termination:
Term: This Agreement takes effect upon Practitioner’s acceptance and will continue for the period specified in the Practitioner Account Page or, if absent, for one (1) year (the “Initial Term”). It will automatically renew for subsequent periods matching the Initial Term unless either party notifies the other at least thirty (30) days before the Term’s end of its decision not to renew.
Termination: Either Practitioner or Jacksonville Insider may terminate this Agreement if the other party breaches a material term and doesn’t cure the breach within ten (10) days of receiving notice.
Suspension: Jacksonville Insider may suspend or terminate this Agreement immediately if it reasonably believes an Office Member has engaged in inappropriate conduct, failed Section 8.b requirements, or breached this Agreement. Jacksonville Insider also reserves the right to terminate immediately for repeated rescheduling or canceling of appointments.
Survival: Certain sections, including but not limited to Sections 2.e.i, 2.e.ii, 6, 7, 9 – 16, will endure termination.
Miscellaneous:
Assignment: Neither party can assign this Agreement or its rights and obligations without the other’s written consent, except Jacksonville Insider can assign to an affiliate or in the event of a business sale, merger, or acquisition. Any unauthorized transfer is void.
No Inducement: The Agreement isn’t intended to influence referrals, professional fee splitting, interfere with client choices, or serve as remuneration for information disclosure.
Non-Competition: Practitioner agrees not to use services from a Jacksonville Insider competitor during the Term, acknowledging that using Jacksonville Insider’s Confidential Information would occur in such a case.
Notices: Written notices will be sent to Practitioner via email at [email protected] Practitioner consents to email notices. Either party may update its notice address upon notice to the other.
Governing Law: This Agreement is governed by the laws of the State of Texas, excluding conflict of laws provisions.
Arbitration Agreement: Practitioner and Jacksonville Insider acknowledge Jacksonville Insider personnel as third-party beneficiaries. Disputes will be settled through good-faith negotiations as a precondition to arbitration under JAMS rules.
Costs of Arbitration: Jacksonville Insider covers arbitration fees for claims below seventy-five thousand dollars ($75,000). Jacksonville Insider won’t seek attorneys’ fees unless the arbitrator deems Practitioner’s claim frivolous.
Small Claims Court; Infringement: Either party may use small claims court for qualifying claims. Additionally, injunctive relief is available in any court for intellectual property protection.
Waiver of Jury Trial: Practitioner and Jacksonville Insider waive the right to a jury trial, opting for dispute resolution through arbitration.
Waiver of Class or Consolidated Actions: All claims and disputes must be arbitrated or litigated individually, not on a class or collective basis.
Arbitration Severability: If part of the arbitration agreement is unenforceable, the rest remains valid. If permitted to bring a claim in court, it shall be in Texas.
Force Majeure: Except for payment obligations, either party’s performance may be suspended during events beyond reasonable control for up to thirty (30) cumulative days. After this, the unaffected party may, at its discretion and with written notice, terminate without further liability.
Modifications: No modifications are binding unless in writing and agreed to by Jacksonville Insider. Jacksonville Insider may amend this Agreement by notifying Practitioner at least thirty (30) days before changes take effect. Practitioner’s continued use post-notification indicates acceptance.
Severability: If any provision is deemed invalid, illegal, or unenforceable, the remaining provisions remain in full force. A mutually acceptable substitute will replace any invalid provision.
Entire Agreement: This Agreement, along with exhibits, addenda, policies, and the Practitioner Account Page, constitutes the entire agreement, superseding prior agreements between the parties.
Headings: Section headings are for convenience and don’t limit or modify this Agreement’s meaning.
Independent Contractors: The parties are independent contractors, and Jacksonville Insider’s assigned personnel remain under Jacksonville Insider’s exclusive control. Neither party has the authority to bind the other, except as expressly stated.
Third Party Beneficiaries: This Agreement is between Jacksonville Insider and Practitioner only. No third party is a beneficiary unless explicitly stated.
Remedies Cumulative: No remedy under this Agreement precludes other equitable or legal remedies unless expressly stated.