These Terms of Use, together with the documents referenced herein (collectively the "
Terms"),
apply to the
mobile application named "JoyPath" (the "
App"). National Hospice Cooperative, on behalf of
itself, its
affiliated entities and its participating entities referenced in the JoyPath App (collectively
"
Company" or
“
We”) permits You to use the App in connection with your grief healing process and subject to
these Terms and
any applicable rules applied by Apple Inc. ("App Store Rules") and Google Inc. ("Play Store Rules") with respect
to the use of their App Store and Play Store respectively located at
https://www.apple.com/itunes ("
App Store")
and
https://play.google.com/store ("
Play
Store").
You ("
You" the App user) may only utilize the App in
accordance with these Terms.
1. IMPORTANT NOTICES:
1.1 Please read these Terms carefully before downloading, installing or using the App. By
downloading,
installing, accessing, browsing or using the App, You accept and agree to these Terms which bind You legally.
The Terms are entered into for the benefit of Company who may enforce against You. If You do not agree to these
Terms You are not permitted to use the App and You must immediately cease downloading, installing or using the
App.
1.2 The content provided in the App is intended for general informational purposes only. You
should not rely on
the information provided in the App for the prevention of any disease or as medical or psychological care. If
You are a Customer of the Company, You may be subject to other agreements with the Company. These Terms apply to
use of the App and do not change or alter any other contract or agreement between You and the
Company.
1.3 If You experience any technical issues with the App, or You would like to contact us
regarding these Terms,
You may contact the Company by sending an email to support@joypath.app.
1.4 In order to use the App, You must have a compatible device which meets the following
minimum specifications:
for Apple devices, requires iOS 10.0 or later, and is compatible with iPhone and iPad; and for Android, 8 and
up. Any compatible device to which You download the App will be known as a "
Device" for the
purposes of these
Terms. You confirm that You either own the applicable Device or if not owned by You, You have obtained
permission to install and use the App on such Device. You accept responsibility for any use of the App on or in
relation to such Device, whether or not such Device is owned by You or such use was made by You.
1.5 In order to access the App, You may or may not register yourself as a “User” of the App.
2. ACKNOWLEDGEMENTS
2.1 These Terms apply to the App, including any updates or supplements thereto. Company may
change or revise
these Terms from time to time in its sole discretion, with or without notice to You. You are bound by any such
revisions and should therefore periodically visit this page to review the then-current terms and conditions.
Your access and use will be subject to the most current version of the Terms. Your use of the App after such
revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be
bound by them.
2.2 From time to time, updates to the App may be made available through the App Store and Play
Store. Depending
on the update, and whether You utilized the App Store or Play Store to download and access the App, You may not
be able to use the App until You have installed the latest version.
2.3 You confirm that You are at least 16 years of age and are permitted in your location to
form a binding
contract and hereby agree to be bound by these Terms.
3. PRIVACY
3.1 Your submission of information, including personal information, through or in connection
with the App (if
any) is governed by the terms of our privacy policy as updated from time to time, available at
https://nationhospicecooperative.org/joypath/privacy-policy ("
Privacy Policy").
4. THIRD PARTY CONTENT
4.1 The App may contain links to independent third party websites or other applications ("Third
Party Sites").
Third Party Sites are not under our control, and You agree that we are not responsible for and do not endorse or
monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage
sustained by You as a result of the accessing and use of Third Party Sites.
5. LICENSE
5.1 Subject to these Terms, the Privacy Policy and the App Store Rules and Play Store Rules (as
applicable), we
grant to You a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use
the App on the Devices for the purposes of helping users better understand and cope with their grief healing
process. Any other use of the App is strictly prohibited. We reserve all rights in and to the App. Company
reserves the right to revoke this license at any time, in its sole discretion.
6. LICENSE RESTRICTIONS
6.1 Except as expressly permitted under these Terms, and unless prohibited by applicable law,
You agree:
(a) not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or
provided by the App, including without limitation for public or commercial purposes, including any text, images,
audio and video, except as permitted by the App's sharing function;
(b) not to rent, lease, sub-license, loan, distribute, time-share, or translate the App in any way;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any
part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of
the App;
(e) not to sell, resell, or exploit the App in whole or in part (including object and source code), in any form
to any person without prior written consent from us;
(f) not to remove any copyright, trademark or other proprietary rights notices from the App;
(g) that You represent and warrant that You are not located in a country that is subject to a U.S Government
embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You
are not listed on any U.S. Government list of prohibited or restricted parties.
7. ADDITIONAL RESTRICTIONS
7.1 You agree:
(a) not to use the App in any unlawful manner, for any unlawful or criminal purpose, or in any
manner
inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting
malicious code, including viruses, or harmful data, into the App;
(b) not to use the App to record, post or transmit any information that is defamatory,
threatening, abusive,
offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights;
(c) not to use the App in a way that could damage, disable, overburden, impair or compromise
our systems or
security or interfere with other users, or restrict or inhibit any other users from using the App (including by
hacking or defacing the App); and
(d) not to collect or harvest any information or data from the App or our systems or attempt to
decipher any
transmissions to or from the servers running the App, including, without limitation, by using any robot, spider,
site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine"
or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of
the App without our prior written consent.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 You acknowledge that (i) all intellectual property rights in and to the
App belong to the Company or their
licensors, (ii) the rights granted herein are licensed (not sold) to You, and
(iii) You have no rights in, or
to, the App or its content other than the right to use the App in accordance with these Terms.
8.2 In the event that You elect to share information with Company through the App's "Email Us"
function, You
agree and acknowledge that (i) all information supplied by You is either original to You, or
You have the right
to share it with the Company, (ii) the Company may utilize the information You supply, in whole
or in part, in
any manner in connection with the App, (iii) any modifications or improvements made to the App
as a result of
your feedback are owned and controlled solely by the Company, (iv) You have no right, title or
interest in or to
the App as a result of sharing your feedback. Do not submit any confidential, proprietary or personal
information through the "Email Us" function.
8.3 All trademarks, service marks, trade names, and logos are proprietary to the Company or
used by the Company
with the permission of its third party providers. Nothing contained on in this App should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this
website without the written permission of the Company. Your use of the trademarks displayed in this App, or any
other content in this App, except as provided herein, is strictly prohibited. You acknowledge that You have no
right to have access to the App in source code form.
9. DISCLAIMER
9.1 The App is provided 'as is' and, to the extent permitted by applicable law, the Company and
its' directors,
officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all
representations or warranties of any kind, express or implied including, but not limited to, implied warranties
of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on
or use of the App shall be at your sole risk. The Company, the App Store and the Play Store, shall not have any
obligation to furnish any maintenance and/or support services with respect to the App. We expressly disclaim any
liability for loss or damage sustained by You as a result of the accessing and use of the App.
9.2 We make no representation or warranty as to the completeness, accuracy or currentness of
information or
content provided in the App. Such information is also subject to change at any time without notice.
9.3 We do not warrant that the functions contained in the App will be uninterrupted or
error-free, that defects
will be corrected or that the App is free of viruses or other harmful components. We do not warrant or make any
representations regarding the use or the results of the use of the App. You agree to conduct your own due
diligence to assess the accuracy, reliability and quality of all content provided by the App.
9.4 You (and not us) assume the entire cost of all necessary servicing, repair or correction in
respect of your
Device.
10. LIMITED WARRANTY
10.1 The App shall be validly licensed, of satisfactory quality, fit for the purpose for which
it was provided
and shall comply in all material respects with the description made available to You prior to downloading or
installing it. In the event of any failure to comply with the warranty given in this section 10.1 the Company
shall, as your sole remedy, either repair or replace the App.
10.2 If through our failure to exercise reasonable skill and care we provide You with digital
content which
damages a Device, You may be entitled to compensation under consumer law. However, we will not be liable for
damage that You could have avoided by installing the latest version of the App or for damage that was caused by
You failing to correctly install the App or have in place the minimum system requirements.
11. AVAILABILITY
11.1 We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend
or discontinue
the App without notice for any reason without liability to You, except where prohibited by applicable law.
11.2 In addition, You acknowledge that the App is provided over the Internet and mobile
networks and so the
quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we
do not accept any responsibility for any connectivity issues that You may experience when using the App. In
addition, You acknowledge and agree that You (and not us) are responsible for obtaining and maintaining all
telecommunications, broadband and computer hardware, equipment and services needed to access and use the App,
and for paying any data charges that may be charged to You by your network provider in connection with your use
of the App.
12. LIMITATION OF LIABILITY
12.1 You agree that You use the App and/or any Third Party Sites at your own risk. You further
understand and
agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information
transmitted, monitored, stored or received using the App.
12.2 To the fullest extent permitted under applicable law, in no event shall we be liable to
You personally for
any loss, injury or damages (including but not limited to any special, indirect, consequential or punitive
damages, lost profits, lost revenues or other incidental damages) arising out of the use, inability to use, or
the results of use of the App.
13. INDEMNIFICATION
13.1 To the extent permitted by applicable law, You agree to indemnify us for any claims,
actions, demands,
losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys'
fees) reasonably incurred by us that arise out of your use of the App in breach of these Terms. We reserve the
right to assume the exclusive defense and control of any claim brought by a third party in connection with your
use of the App and You agree to assist and co-operate with us in relation to any such claim.
14. TERMINATION
14.1 The Company may discontinue, suspend or modify the App at any time without notice and may
block, terminate
or suspend your access to the App at any time without notice for any reason in its sole discretion, even if
access continues to be allowed to others. Upon termination, You must cease use of the App and remove it from all
applicable Devices.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance
of, any of our
obligations under these Terms that is caused by any act or event beyond our reasonable control, including any
failure of public or private telecommunications networks.
16. THIRD-PARTY BENEFICIARIES AND APP STORE / PLAY STORE
16.1 With respect to downloading the App, You agree to comply with the App Store Rules and Play
Store Rules, as
applicable. You acknowledge that the availability of the App may be dependent on the App Store or Play Store
from which You receive the App. You acknowledge these Terms are between You and the Company and not with the App
Store or Play Store. The App Store and Play Store are not responsible for the App, the content thereof,
maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product
liability, legal compliance, or intellectual property infringement). You acknowledge that the App Store and Play
Store (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right
to enforce these Terms against You.
17. LAW AND JURISDICTION
17.1 To the extent permitted by applicable law, these Terms are governed and construed by the
laws of the state
of Ohio, U.S.A. and You consent to the exclusive jurisdiction of the Ohio courts. We retain the right to bring
proceedings against You for breach of these Terms in your country of residence or other relevant country.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under these Terms to another organization, but
this will not
affect your rights or your obligations under these Terms. You may not transfer your rights or obligations under
these Terms.
18.2 If we fail to insist that You perform any of your obligations under these Terms, or if we
do not enforce
our rights against You, or if we delay in doing so, that will not mean that we have waived our rights against
You and will not mean that You do not have to comply with those obligations.
18.3 Each of the conditions of these Terms operates separately. If any court or competent
authority decides that
any of them are unlawful or unenforceable, the remaining conditions will remain in full force and
effect.
18.4 These Terms constitute the entire agreement between us with respect to your use of the
App. Such Terms
supersede all prior understandings or agreements between us. In addition, in entering into these Terms You have
not relied on and (in the absence of fraud) You shall have no right or remedy in respect of any statement,
representation, assurance or warranty other than as set out in these Terms.
18.5 Except to the extent specified in sections 16.1 and 18.1 hereof, or otherwise permitted by
applicable law,
a person or entity who is not party to these Terms may not enforce these Terms.
18.6 No agency, partnership, joint venture or employment relationship is created as a result of
these Terms and
neither of us has any authority of any kind to bind the other in any respect.