Terms of Use & Service

JKL Kingdom, LLC (“Company”) operates a non-clinical technology and operational platform that supports independent, physician-owned medical practices. Company accomplishes its mission by:

• (i) providing individuals with health care and wellness information;
• (ii) enabling access to technology-based tools addressing certain health issues;
• (iv) developing, collecting, and retaining health care records and information for use in provider appointments, communications, and pharmacy services;
• (v) furnishing administrative support for scheduling and payment of provider and pharmacy services; and
• (vi) providing telecommunications support to facilitate direct access to health care providers for communications, consultations, assessments, and treatment.

These Terms & Conditions (“Terms”) apply to all of your activities engaged in with Company (e.g., purchasing products, scheduling services, etc.), including by and through its websites (“Services”). All descriptions, availability, and pricing are subject to change without notice. If you live in the United States or Canada, by utilizing Company’s website and Services, you are agreeing to waive any and all jury trials and resolve any dispute with Company through binding arbitration (see the Dispute Resolution section, below).

1. Your Account.

You may need to setup an account with Company. You have responsibility for your Company account, and you must ensure that all the information you provide Company with is accurate, including your e-mail address. You should hold your username and password in strict confidence. If someone other than you obtains and uses your login credentials, Company reserves the right to disable your account, without providing you a refund.

2. Acknowledgement Regarding Services Offered.

Company does not provide medical care, does not practice medicine, does not employ or control clinicians, and does not make medical or clinical decisions. All medical services, including diagnosis, treatment, prescribing, and clinical care, are provided solely by independent, physician-owned medical practices and their licensed clinicians (each, a “Practice”). If you receive medical services in connection with a Practice that uses the Company platform or website, your patient relationship is solely with that Practice, and the Practice is responsible for all aspects of your medical care. Company provides non-clinical technology, administrative, and operational support only.

3. Accuracy of Information.

Information on this Website is provided for general informational purposes only and should not be relied upon as medical, legal, or professional advice.

4. Payment for Services.

You agree to pay the fees for Company’s Services that you elect to purchase, and you authorize Company to charge your debit or credit card or process other forms of payment for those fees. Company will not provide refunds, unless Company determines, in its sole discretion, that a refund is warranted.

5. Company Rights.

All right, title, and interest in and to the Company’s online presence and its Services, including its website, its existing or future applications, its mobile applications, and its databases are and will remain the exclusive property of Company. You cannot use the Company name or any of the Company trademarks, logos, domain names, marketing materials, educational materials, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Company or the Services is entirely voluntary and Company is free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you. In accessing Company’s website or utilizing its materials and Services, you agree that you shall not copy, modify, create a derivative work of, reverse engineer, or reverse assemble Company’s Services or materials. In addition, you shall not use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Company) to others.

6. Children & Individuals Under the Age of Majority.

Company does not knowingly sell products or provide Services to children under the age of the majority in their jurisdiction. If you are under the age of the majority, you must not use the Services.

7. Warranty.

Company’s Services and products are provided on an “as is” and “where is” basis. Company makes no representations or warranties about the suitability, reliability, availability, timeliness, or security of the Services or Company’s products, and expressly disclaims any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Company makes no warranty that you will obtain specific results from use of the Services. Your use of the Services is entirely at your own risk.

8. Limitation of Liability.

You also agree that Company shall not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, as a result of Company’s Services or your purchase or use of Company’s products. Company’s liability to you or any third parties under any circumstance is limited to the total amount paid by you to Company over the previous 12-month period before the event giving rise to your claim(s).

9. Indemnification.

You agree to indemnify, defend, and hold harmless Company and its members, managers, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from any actions taken by you that are intentional or negligent. Your indemnification obligation will survive the termination of these Terms and your use of the Services. You also agree that no joint venture, partnership, employment, contractor, or agency relationship exists between you and Company.

10. Dispute Resolution and Class Action Waiver.

Your relationship with Company and use of Company’s Services and materials shall be governed by the laws of the State of North Carolina, and any disputes arising under these Terms shall be adjudicated in Mecklenburg County. You agree that any controversy or claim arising out of or relating to these Terms or your relationship with Company and use of Company’s Services and products shall be settled by arbitration administered by the American Arbitration Association in accordance with its Expedited Procedures of the Commercial Arbitration Rules. The arbitration hearing shall take place before a single arbitrator in Mecklenburg County, North Carolina, via video conference, and such arbitrator shall ensure the following procedural requirements govern the arbitration.

The arbitration shall be decided based solely upon the submission of documents, and no witness testimony shall be elicited or heard; there shall be no written discovery, interrogatories, requests for production of documents, or requests for admissions; there shall be no depositions taken; all information exchanged and elicited through the arbitration shall be kept strictly confidential by the parties and shall not be shared with anyone other than the parties themselves and the arbitrator; and the arbitration hearing shall not exceed 1 day. This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act. In addition, no arbitration proceeding hereunder shall be filed or pursued as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other practices or persons similarly situated. Moreover, no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding.

THE PARTIES AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

11. Updating These Terms.

When Company deems it appropriate, it may update these Terms to clarify its practices or to reflect new or different practices. Company reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If Company makes any material change, it will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through its website. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

12. Miscellaneous Terms.

You agree that by registering, accessing, or using Company’s Services, you are agreeing to enter into a legally binding contract with Company that consists of these Terms and Company’s Privacy Policy. If you do not agree to these Terms and Company’s Privacy Policy, do not register, access, or otherwise use any of Company’s Services. You also agree that these Terms represent the entire understanding between you and Company, and they supersede all previous agreements, whether oral or written between you and Company. No change or modification of these Terms shall be valid unless the same be in writing and published by Company on its website. If any portion of these Terms is found to be invalid or unenforceable, it shall be severable from all other portions of these Terms. Neither the waiver by Company of a breach of or a default under any of the provisions of these Terms, nor the failure by Company, on one or more occasions, to enforce any of the provisions of these Terms or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder.

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