GINGER-U®

WEBSITE AND MOBILE APPLICATION

TERMS OF SERVICE


Welcome to Ginger-U! You are reading this Ginger-U Terms of Service ("Terms") because you (“you,” “your,” “user”) are accessing, visiting, browsing, using or attempting to interact with or use any part of our mobile app, website, or any https://www.ginger-u.com/ services or content (collectively, “Services”). By accessing, visiting, browsing, using or attempting to interact with or use any part of our Services, you (the individual that creates an account, and, as applicable, any other users of such individual’s account, such as the individual’s parents, guardians, caregivers or other users) agree to be bound by these Terms. The most current version of the Terms, which supersedes all previous versions, can be reviewed by going to https://www.ginger-u.com/, and Ginger-U (“we,” “us,” “our”) reserves the right to change the Terms at any time and without notice to you. When using our Services, you shall be subject to any posted policies, guidelines or rules applicable to the use of our Services, including, but not limited to our Privacy Policy at https://www.ginger-u.com/privacy-policy. All such policies, guidelines and rules are hereby incorporated by reference into these Terms.

NOTE THAT SECTION 25 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

If you do not agree with these Terms, including the mandatory arbitration provision and class action waiver in Section 25, you are not authorized to access or use Services for any purpose.

1. SECONDARY TOOL; NOT A HEALTHCARE PROVIDER; NOT MEDICAL ADVICE

Ginger-U provides a technology platform via its website and mobile app that offers users tools, information, services, and products that bring awareness and rigor to women’s health and wellness practices.

GINGER-U IS NOT A HEALTHCARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE. GINGER-U’S OFFERINGS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR CONDITION. THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH GINGER-U SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR THE ADVICE, SKILL, KNOWLEDGE, EXPERTISE, OR JUDGMENT OF MEDICAL PROFESSIONALS.

You should not and must not rely on the Services as your primary tool for determining whether and when to take medication or follow certain courses of treatment. The Services might not function as intended. The information obtained through the use of the Services may not disclose potential adverse effects related to the information and content provided and is not intended to cover all possible uses, directions, precautions, warnings, interactions, allergic reactions, or adverse effects thereof. You should always consult with a licensed medical practitioner or other qualified healthcare provider regarding questions you have about any medical condition before making health care decisions or using our products or services. Individuals using the Services assume full responsibility for the use of the Services and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of the Services.

Ginger-U is independent from its affiliated non-medical, non-clinical healthcare professionals (“Practice User”) who provide services to you through our platform. We are not responsible for such Practice User’s acts or omissions, or for any content of the communications made by them. Consequently, if any health-related advice is provided to you by a Practice User through the Services, such health-related advice is not provided by Ginger-U but is provided by your Practice User. Nothing in the Services shall be construed to create any relationship of employer and employee, agent and principal, partnership, or joint venture between us or Practice Users. Always seek the advice of your doctor with any questions regarding your personal health or medical conditions.

GINGER-U’S SERVICES ARE NOT FOR USE IN MEDICAL EMERGENCIES OR OTHER URGENT SITUATIONS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, GO TO THE NEAREST HOSPITAL, OR CALL 9-1-1 OR THE EMERGENCY MEDICAL SERVICES IN YOUR LOCATION.

NEVER DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE OR DISREGARD SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE HEARD OR READ ON OUR WEBSITE OR MOBILE APP. RELIANCE ON ANY INFORMATION OR OTHER CONTENT AVAILABLE ON OUR SERVICES OR OTHERWISE PROVIDED BY GINGER-U IS SOLELY AT YOUR OWN RISK.

2. PRODUCTS, CONTENT, AND SPECIFICATIONS

Our Services make available listings, descriptions, and images of goods or services, or related discounts, promotions, rewards, or coupons of goods or services (collectively, “Products"), in addition to references and links to Products. The availability of any Product, discount, promotion, reward, or coupon are subject to change at any time without notice. Certain measures, weights, descriptions, and suggested uses are only for convenience. Ginger-U and its service suppliers which operate our Services pursuant to agreements with Ginger-U, make all reasonable efforts to accurately display the attributes of products, including applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products on our Services at a particular time does not imply or warrant that these Products will be available at any time. Every user is responsible for ascertaining and adhering to all applicable local, state, federal, and foreign laws, including minimum age and jurisdiction or residency requirements, regarding purchase, possession, and use of any Product. Ginger-U may limit promotional offers, and any discount, promotion, reward, or coupon is non-transferable, not redeemable for cash or cash equivalent, and may only be redeemed via your user account.

    2.1 Recipes

    As part of our Services, we may offer recipes and information related to the preparation of food and beverages and we allow recipe submissions by various sources, including affiliates of Ginger-U. Ginger-U in no way provides any warranty, implied or otherwise, towards the content of recipes submitted by any affiliate, user, visitor, or other entity. It is your responsibility to determine the nutritional value, if any, and safety of the preparation instructions. Recipes taken from our Services and prepared are done so “at your own risk.” Ginger-U is not responsible for any damage, medically or otherwise, resulting in the preparation of food using the instructions or recipes provided on our Services. You must take care to check the instructions provided and determine their value and any possible medical condition (including allergies) that may arise from the consumption of the ingredients listed in recipes on our Services.

3. PRICING AND FEES

Please visit our app or website at https://www.ginger-u.com/ to see Product pricing. The prices for Products are quoted in U.S. Dollars. All Product fees are subject to change without notice. Products are cash-pay only. We do not bill insurance and Products are not covered by any state or federal insurance plans including, but not limited to, Medicare, Medicaid, Medi-Cal, HMO, PPO, or private insurance plans whatsoever. The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the order confirmation.

All charges or deposits for any events and/or Products (including shipping, handling, and taxes) ordered by you on or through our Services, we or our affiliated vendors or agents will bill your bank card or alternative payment method offered by Ginger-U and you agree to pay all such charges or deposits. When you provide your bank card information, account numbers, or other financial information to facilitate payments to us or our vendors or agents, you represent that you are authorized to use the bank card issued to pay for the Products. In the event legal action is necessary to collect on balances due, you agree to reimburse Ginger-U and its vendors or agents for all expenses incurred to recover the cost of collection, including attorney’s fees and other legal expenses. You understand that we will hold and store such bank card payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.

While Ginger-U strives to provide accurate pricing information, pricing or typographical errors may occur. In the event a Product is listed at an incorrect price due to typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such Product at the incorrect price, even if the order has been confirmed and/or your credit card has been charged.

4. ORDERING, SHIPPING, AND RETURNS

Orders for products can be placed at https://www.ginger-u.com/. When an order for a product is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on our Services. All purchases from our Services are made pursuant to a shipment contract. As a result, the risk of loss and title for items purchased from our Services passes to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. While it is our practice to confirm orders by email, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Returns or exchanges will be subject to our Return Policy found in Section 4.1 below.

    4.1 Return Policy

    All product sales are final. Ginger-U does not accept return of products for refund, credit, exchange, or any other purpose.

    If you receive the wrong product, we will correct the order error promptly. Please notify us within 72 hours of delivery with an email to support@ginger-u.com, describing the error.

    If you do not wish to receive a shipment, please contact support@ginger-u.com. Note: Once a shipment has been processed (meaning it has been billed) it cannot be canceled.

5. PURCHASES FOR RESALE PROHIBITED

Ginger-U sells its products directly to you (end consumer). Purchase of products for resale (to other consumers, businesses, or third parties) is strictly prohibited. If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend you or close your account.

6. ACCURACY OF INFORMATION; LOSS OF DATA

While we attempt to ensure that information on our Services are complete, accurate, and current, despite our best efforts, the information on our Services may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or correctness of any information on our Services, including, but not limited to, Product availability and pricing. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or refuse service to any customer. We may also require verification of information prior to the acceptance and/or shipment of any order.

Automatic backup of Ginger-U data and information is performed daily and when settings are changed. There is a possibility of data loss if the Ginger-U is reinstalled or the device on which Ginger-U runs is wiped after a backup and new entries are made thereafter. Ginger-U is not liable for any loss of any data, whoever from and whatsoever the reason.

7. PRIVACY

Federal and State laws govern the confidentiality of health-related information. Please read our privacy policy at https://www.ginger-u.com/privacy-policy for information about how Ginger-U collects, uses, and discloses information through the Services. By accessing or using our Services, you agree that Ginger-U can collect, use and share such information in accordance with our privacy policy, which is hereby incorporated into these Terms by reference. You represent and warrant that any information you provide in connection with our Services is and will remain accurate and complete and that you will maintain and update such information as needed. We reserve the right to modify our privacy policy from time to time.

8. ELIGIBILITY

General browsing of our Services is not intended for users under the age of thirteen (13). By using our Services, you affirm that you are at least eighteen (18) years of age (or the age of majority in your jurisdiction). Notwithstanding the foregoing, minors between thirteen (13) and eighteen (18) years old are not permitted to access or use our Services or to enter this agreement, even if a parent or legal guardian would be willing to provide consent. If you are the parent or legal guardian of an individual under the age of eighteen (18), and believe that such individual has used our services without your consent or authorization, please contact compliance@ginger-u.com.

    8.1 Supplements

    The supplements listed on our Services are not targeted toward or intended for use by anyone under the age of eighteen (18). By visiting the supplements page and/or purchasing supplements, you represent and warrant that (a) you are at least eighteen (18) years of age or older, (b) are a resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you, or the other person, or entity violates these Terms.

    8.2 CBD Products

    The THC-free CBD products listed on our Services are not targeted toward or intended for use by anyone under the age of twenty-one (21). By visiting the CBD products page and/or purchasing CBD products, you represent and warrant that you (a) are twenty-one (21) years of age or older, (b) are a resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you, or the other person, or entity violates these Terms. The sale of CBD products to Users on the Services are not intended to circumvent any laws in the jurisdiction you reside. Every User is responsible for ascertaining and adhering to all applicable local, state, federal, and foreign laws, including minimum age and jurisdiction or residency requirements, regarding purchase, possession, and use of CBD products.

    8.3 Health Coaching and App Services

    Health coaching and additional services offered on the Ginger-U mobile app are not targeted toward or intended for use by anyone under the age of eighteen (18). By using and/or purchasing health coaching or app services, you represent and warrant that you (a) are eighteen (18) years of age or older, (b) are a resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you, or the other person, or entity violates these Terms.

9. ACCOUNT REGISTRATION AND SECURITY

You understand you may need to create a Ginger-U account (“Account”) to order Products and have access to all some or all of our Services. As part of this process, you will be required to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services registration page (“Account Data”); and (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ginger-U has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ginger-U has the right to suspend or terminate your account and refuse any and all current or future use of its Services (or any portion thereof).You are responsible for maintaining the security and confidentiality of your Account. You will not share your Account Data, including username and password, with any third party or permit any third party to access our Services by logging into your Account. You agree to promptly notify us if you discover or suspect that someone has accessed your Account without your permission. You may designate another person involved with your use of Services, such as a parent or legal guardian (“Authorized User”), to receive access to your Account. You understand that the Authorized User will be able to access your Account and all of the information in the Account, including the ability to download, print, email and provide access to the information to others. If you permit others to use your Account credentials, or if you designate an Authorized User, you are responsible for the activities of such user that occurs in connection with your Account. Please note that anyone able to provide your personally identifiable information will be able to access your Account so you should take reasonable steps to protect this information. We have the right to provide user billing, account, content, purchase or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, order, subpoenas, or to protect our rights).

10. COMMUNICATIONS

By purchasing Products, or otherwise interacting with our Services, you may receive electronic communications (“Communications”) from Ginger-U, such as emails or app notifications or alerts. Communications from or on behalf of Ginger-U, may include, but are not limited to: operational notices about your Account (i.e., Account setup reminders) or use of our Products or Services; informational communications concerning order fulfillment and shipping; marketing content such as Product updates; and promotional communications by us or our affiliates such as newsletters, special offers and rewards, and surveys.

    10.1 Text Messages

    Ginger-U offers text messaging service that allows you to receive order fulfillment and shipping information on your mobile device. By opting in for text messaging service you agree to these Terms, our Privacy Policy https://www.ginger-u.com/privacy-policy, and to the following as it pertains to specific usage of the text messaging service:

      10.1.1 Usage

      You acknowledge that text messages are distributed via third-party mobile network providers and therefore Ginger-U cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the text message to the recipient successfully. Wireless carriers are not liable for delayed or undelivered messages.

      Ginger-U does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.

      10.1.2 Opt-Out

      You may opt out by replying “STOP” from your mobile device or contacting us at compliance@ginger-u.com.

      10.1.3 Text Message Troubleshooting

      If you are not receiving your text messages from Ginger-U, please ensure that text messaging is not disabled on your phone. You may also contact support@ginger-u.com for assistance.

      10.1.4 Fees

      Ginger-U does not charge a fee for text messaging service. While we do not charge for this service, we are not responsible for any charges from a person’s service provider that may result from our providing this service. It is the user’s responsibility to check with their individual carrier, as standard messaging and data rates may apply. Ginger-U assumes no responsibility for charges incurred by opting in to receive text messages. Any text messaging fees that you incur will be billed on your individual mobile provider bill.

      10.1.5 Florida Residents

      We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to text messages, (a) your shipping address, as provided is located in Florida or (b) the area code for the phone number used to opt-into is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent in direct response to mobile messages or requests from you (including but are not limited to response to Keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

YOU CAN OPT-OUT OF OPERATIONAL, PROMOTIONAL, AND MARKETING COMMUNICATIONS AT ANY TIME BY FOLLOWING THE UNSUSCRIBE OR OPT-OUT INSTRUCTIONS PROVIDED THEREIN. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF CERTAIN COMMUNICATIONS MAY IMPACT YOUR USE OF OUR SERVICES.

Further, you agree that any notices, agreements, disclosures or other Communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

11. ADDITIONAL TERMS APPLICABLE TO PRACTICE USERS

In addition to the other provisions of these Terms, the following provisions apply specifically and solely to Practice Users:

    11.1 Registration; Practice User Accounts

    Certain aspects of the Services are available only to Practice Users who register with us. To register with us as a Practice User, you must be of legal age to form a binding contract. When you register, you will be required to: (a) provide true, accurate, current and complete information about yourself as prompted by the Practice User registration page (“Practice User Data”); and (b) maintain and promptly update the Practice User Data to keep it true, accurate, current and complete. You are responsible for maintaining the security and confidentiality of your Practice User Account. You will not share your Practice User Account or Practice User Data with any third party or let any third party access your Practice User Account unless otherwise permitted in a written agreement with us. You will be solely responsible for any activities or actions taken under your registered Practice User Account, whether or not you have authorized such activities or actions.

    You agree to notify us immediately if your Practice User Data has been lost or stolen, or if you discover or suspect that someone has accessed your Practice User Account without your permission. We strongly recommend that you do not access or use your Practice User Account on public computers.

    11.2 Qualifications

    You further represent, warrant, and covenant that, at the time of registration and on an ongoing basis, you (a) satisfy all professional certification requirements applicable to the professional services you are providing via the Services, (b) hold all valid and current certifications required to provide such services, (c) are in good standing with each authority issuing such certifications or otherwise having regulatory authority over you, and (d) have not received any notice of cancellation, probation, suspension, revocation or non-renewal of any certifications required to provide such services. If and for so long as you fail to satisfy the provisions of this paragraph, you will cease all use of the Services. You will, at our request, cooperate with us in confirming your professional credentials and/or registrations, and compliance with the foregoing representations and warranties.

    11.3 No Employment Relationship

    You acknowledge that no agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms or any relationship between you and Ginger-U.

    11.4 Confidentiality

    To the extent you receive any confidential information of Ginger-U in connection with your use of the Services, including, but not limited to, information concerning fees, marketing plans, financial results, Users, Practice Users, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information as deemed confidential by Ginger-U which is not generally known to the public, you agree to protect such information against any unauthorized use or disclosure and to use such information solely for the purposes for which it was disclosed to you. For purposes of clarification and not limitation, you are not permitted to disclose information about Users or Practice Users that you collect through the Services to any third party without the express written consent of Ginger-U.

    11.5 Responsibility for Your Care; Practice User Credentials

    Each User’s health care is solely the responsibility of each Practice User and their respective User(s). Practice Users are the exclusive providers of any health-related information and services provided through the Services and within their scope of practice. Ginger-U supports Practice Users by providing them with certain rights to access and use the Services. However, under the Services, Practice Users have the exclusive control and responsibility for the delivery of healthcare information and services.

    Each Practice User, and not Ginger-U, is responsible for, and represents and warrants that it obtained the informed consent from their Users for any services including, without limitation, consent to use telehealth in the course of any services provided through the Services, to the extent such consent is required by any applicable law or agreement.

    Ginger-U makes no representation regarding the accuracy of Practice Users’ credentials or qualifications, and expressly disclaims any liability for fraudulent credentials or claims by Practice Users. We recommend that each User separately confirm that their Practice User is qualified and in good standing with their respective certifying board(s).

    11.6 Provider Customer

    If you are using the Services on behalf of another entity that is a Ginger-U customer (a “Provider Customer”), these Terms supplement any services agreement, business associate agreement and/or any other agreement between us and the Provider Customer (collectively, “Customer Agreement”). To the extent that these Terms conflict with any Customer Agreement, the Customer Agreement will control. Customer Agreements contain terms protecting privacy and may contain terms that control over these Terms for Provider Customers.

12. TESTIMONIALS, REVIEWS, AND OTHER FEEDBACK; NO GUARANTEES

Our Services may feature testimonials, reviews, comments, suggestions, or any other endorsement from users (“User Feedback”) in order to provide readers with additional information from others’ experiences with our Services and/or Products. While all User Feedback are from actual users, sharing their real, honest opinions of our Services and/or Products, User Feedback is not to be considered as a guarantee that current or future users will have the same results, or a guarantee that all users will have the same experience. You understand and agree that by reading featured User Feedback on our Services, you do not expect the same results, and understand this information is not a guarantee.

13. CONTESTS, SWEEPSTAKES, AND GAMES

From time to time, Ginger-U may offer the opportunity to participate in contests, sweepstakes, or games. Additional terms and conditions may apply to your participation. If you participate, we may also request certain personal information. Participation is voluntary and you, therefore, have a choice whether or not to disclose this information. You acknowledge that we may announce the names of winners on our Services or social media platforms.

14. USER CONTENT

Other than personally identifiable information, which is subject to our Privacy Policy, our Services may allow you to upload, store and share content, including messages, text, photos, videos, ideas, concepts, know-how, techniques, questions, comments, reviews, suggestions, or other communications (collectively, "User Content"). Any User Content your transmit or post to our Services in any manner or publish through any social media account (i.e., Facebook, Twitter, Instagram, LinkedIn) to Ginger-U or that you allow Ginger-U to feature, including your name (as identified in your social media publications), social media handle, accompanying text, photos and images, is and will be considered non-personal, non-confidential, and non-proprietary. Personally identifiable information that you voluntarily post on any part of our Services or on social media that is viewable by the public is not subject to our Privacy Policy and is considered User Content.

Any User Content posted is solely the responsibility of the person that submitted it. Although Ginger-U reserves the right to review or remove all User Content on the Services, we may, but are not obligated to, monitor or review any User Content. We will have no obligation to use, return, review, or respond to any User Content. We will have no liability related to the User Content submitted by you, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Content that includes any material that is considered inappropriate or unacceptable. If you supply or transmit any User Content via the Services, you represent and warrant to us that the User Content submitted by you is truthful, that it will not violate or facilitate the violation of any law or regulations, that you have obtained the consent of anyone (other than yourself) appearing in any User Content, that any User Content submitted by you will not contain, or provide links to, obscene, profane, or threatening language or imagery, malware, political campaigning, commercial solicitation, chain letters, “spam”, mass mailings, or any other content considered harmful, indecent, sexually explicit, lewd, violent, abusive, or degrading, and that such User Content will not infringe on or violate the rights of any person or entity (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).

By submitting, transmitting, posting, uploading, modifying or otherwise providing User Content, you hereby grant Ginger-U and our respective affiliates and designees a royalty-free, fully-paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, distribute, and display your User Content for any purpose, including, without limitation, in all media formats and channels, advertising, and promotional purposes, now known or later developed, even if these Terms are later modified or terminated, without any compensation to you. You represent and warrant that you have all rights necessary to grant the licenses described in this section. You further irrevocably waive any “moral rights'' or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

15. USER CONDUCT

You agree to use the Services in accordance with all applicable local, state, national and foreign laws, treaties and regulations. You will not violate any contract, intellectual property or other third-party right, or commit a tort, and you are solely responsible for your conduct while accessing or using our Services.

In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Services:

    • use the Services in the event of a medical emergency, or to seek professional medical advice or help;
    • engage in any harassing, threatening, intimidating, predatory or stalking, or discriminatory conduct;
    • use or attempt to use another User’s Account without authorization from that User and Ginger-U;
    • use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
    • reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
    • infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
    • attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
    • develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
    • misrepresent your identity or provide Ginger-U with any false information in any information-collection portion of our Services;
    • directly or indirectly authorize anyone else to take actions prohibited in these Terms; or use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also only upload or otherwise share User Content that you have all necessary rights to disclose. You may not upload, store, or share any User Content that:

    • is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
    • would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
    • may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
    • contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
    • impersonates, or misrepresents your affiliation with any person or entity;
    • contains any private or personal information of a third party without such third party’s consent;
    • contains any viruses, corrupted data, or other harmful, disruptive or destructive files or content; or
    • is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Ginger-U or others to any harm or liability of any type.

In addition, although we have no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason.

16. TERMINATION; CANCELLATION

We may change the Services, and the Ginger-U Content (defined below) at any time. We may discontinue offering our Services, and we may suspend or terminate your right to use our Services at any time, in the event that you breach these Terms, for any other reason, or for no reason at all, in our sole discretion, and without prior notice to you.

All licenses and other rights granted to you by these Terms will immediately terminate upon termination of your right to use our Services or our termination of the Services. These Terms will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights as a user will be suspended, terminated or canceled, respectively.

17. INTELLECTUAL PROPERTY; LIMITED LICENSE

The Services, and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, “Ginger-U Content”) are owned by or licensed to Ginger-U and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Ginger-U and our licensors reserve all rights in and to our Services and the Ginger-U Content.

Ginger-U hereby grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Services and the Ginger-U Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell our Services and the Ginger-U Content; (b) copy, reproduce, distribute, publicly perform or publicly display Ginger-U Content, except as expressly permitted by us or our licensors; (c) modify the Ginger-U Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services and the Ginger-U Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services and the Ginger-U Content other than for their intended purposes. Any use of our Services and the Ginger-U Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

18. LINKS TO THIRD PARTIES; THIRD-PARTY OPTIONAL TOOLS

The Services may include links to third-party websites, resources and advertisements (collectively, “Third-Party Links”) that are not owned, operated, or controlled by Ginger-U or its affiliates. All such links are provided as a convenience to you. We are not responsible or liable for the availability or accuracy of, and Ginger-U does not endorse, sponsor, recommend, or make any representations or warranties regarding any Third-Party Links or the content, products, or services on or available from such Third-Party Links. Your use of Third-Party Links is at your own risk, and Ginger-U and its affiliates will not be liable for any of losses arising out of or relating to Third-Party Links.

In addition, Third-Party Links that may be accessed from, displayed on or linked to from the Services are not available in all languages or in all countries. Ginger-U makes no representation that such Third-Party Links are appropriate or available for use in any particular location. To the extent you choose to access such Third-Party Links, you do so at your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Ginger-U reserves the right to change, suspend, remove, or disable access to any Third-Party Links at any time without notice. In no event will Ginger-U be liable for the removal of or disabling of access to any such Third-Party Links. Ginger-U may also impose limits on the use of or access to certain Third-Party Links, in any case and without notice or liability.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website or mobile app (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

19. SOFTWARE UPDATES

Ginger-U may from time to time, in its sole discretion (without obligation), develop and provide updates for our Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Ginger-U has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Portions of the software may not properly operate if you do not install all Updates, so we encourage you to promptly install all Updates. To that end, based on your mobile device settings, with respect to our app, when your mobile device is connected to the Internet, either (a) the Updates will automatically download and install or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of the Services and subject to these Terms.

20. COPYRIGHT COMPLAINTS

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Ginger-U has implemented procedures for receiving written notification of claimed copyright infringements. Ginger-U has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement, or otherwise provide a written communication which contains:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • a description of the copyrighted work that you claim has been infringed;
    • description specifying the location on Ginger-U of the material that you claim is infringing;
    • your telephone number;
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please submit your notice to the Ginger-U Copyright Agent at compliance@ginger-u.com, or via regular mail or e-mail as follows:

    Attn: Copyright Agent

    Ginger-U, LLC

    302 Washington St #150-4330

    San Diego, CA 92103, U.S.A.

Please note that any notice you submit must be truthful and must be submitted under penalty of perjury. Please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Ginger-U for certain costs and damages. You may therefore want to seek the advice of legal counsel before submitting a notice.

Please see 17 U.S.C. §512(c)(3) for additional requirements of a proper notification.

21. DISCLAIMER OF WARRANTIES

YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. WHILE WE ENABLE USERS AND PRACTICE USERS TO COMMUNICATE WITH ONE ANOTHER, WE ARE NOT RESPONSIBLE FOR MONITORING SUCH INFORMATION AND COMMUNICATIONS, AND WE ARE NOT A PARTY TO TRANSACTIONS OR INTERACTIONS THAT MAY OCCUR BETWEEN USERS AND PRACTICE USERS, WHETHER ONLINE OR OFFLINE. IN ADDITION, WE ARE NOT RESPONSIBLE FOR AND WE EXPRESSLY DISCLAIM ALL LIABILITY THAT MAY RESULT FROM INFORMATION MADE AVAILABLE BY USERS AND PRACTICE USERS AND THE CONDUCT OF USERS AND PRACTICE USERS, WHETHER ONLINE OR OFFLINE. GINGER-U DOES NOT SPONSOR, ENDORSE, RECOMMEND OR APPROVE OF ANY PRACTICE USERS. ADDITIONALLY, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT ANY PRACTICE USER IS CERTIFIED, QUALIFIED, INSURED, OR CAPABLE OF PERFORMING ANY PRODUCT OR SERVICE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE EXPERTISE, PROFESSIONAL QUALIFICATIONS, OR QUALITY OF WORK OF ANY PRACTICE USER, OR THE SUITABILITY, RELIABILITY OR ACCURACY OF THE PRODUCTS AND SERVICES THEY PROVIDE.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH OUR SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS'' IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITS.

WE DO NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO OUR SERVICES. GINGER-U MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY PRACTICE USERS, AND GINGER-U SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY, OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY PRACTICE USER IN CONNECTION WITH SUCH SERVICES.

WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, (A) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY GINGER-U CONTENT OR ITS APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES, OR (B) THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. OUR SERVICES AND GINGER-U CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND GINGER-U AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR GINGER-U CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.

NO ADVICE OR INFORMATION PROVIDED TO YOU BY GINGER-U WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

YOUR USE OF THE SERVICES AND GINGER-U CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICES AND GINGER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.

GINGER-U AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND GINGER-U CONTENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST GINGER-U, ITS RESPECTIVE LICENSORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF GINGER-U SERVICES ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF GINGER-U SERVICES.

22. LIMITATION OF LIABILITY

IN NO EVENT WILL GINGER-U, GINGER-U’S LICENSORS, AFFILIATES, AND OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, SHAREHOLDERS, SUCCESSORS OR ASSIGNS, (COLLECTIVELY, “GINGER-U PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA OR LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR FROM THE CONDUCT OF YOU OR ANYONE ELSE (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY DAMAGE), WHETHER ONLINE OR OFFLINE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, OR THE GINGER-U CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT GINGER-U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE GINGER-U CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE GINGER-U PARTIES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AGGREGATE AMOUNT YOU PAID GINGER-U TO ACCESS OR USE THE SERVICES IN THE MOST RECENT TWELVE-MONTH PERIOD, OR (B) $50.00.

IN NO EVENT WILL THE GINGER-U PARTIES BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION BY A PRACTICE USER FROM WHOM YOU RECEIVE HEALTH CARE SERVICES. GINGER-U IS NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A PRACTICE USER PROVIDING HEALTH CARE SERVICES.

SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

23. INDEMNIFICATION

You will indemnify, defend, and hold harmless the Ginger-U Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

    • your access to or use of the Services, or the Ginger-U Content;
    • your User Content;
    • your violation of any of the provisions of these Terms;
    • any activity related to your registration by you or any other person accessing the Services through your Account, including, without limitation, negligent or wrongful conduct;
    • your conduct in connection with our Services; or
    • your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

Ginger-U reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

24. RELEASE

To the fullest extent permitted by applicable law, you release Ginger-U and the other Ginger-U Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

25. DISPUTE RESOLUTION; BINDING ARBITRATION.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH GINGER-U AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

    25.1 Binding Arbitration

    Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 15 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Ginger-U agree (a) to waive your and Ginger-U’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services, resolved in a court, and (b) to waive your and Ginger-U’s respective rights to a jury trial. Instead, you and Ginger-U agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

    25.2 No Class Arbitrations, Class Actions, or Representative Actions

    You and Ginger-U agree that any Dispute arising out of or related to these Terms or the Services is personal to you and Ginger-U, and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Ginger-U agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Ginger-U agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The arbitrator does not have the power to vary these class action waiver provisions.

    25.3 Federal Arbitration Act

    You and Ginger-U agree that these Terms affect interstate commerce and that the enforceability of this Section 25 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

    25.4 Notice; Informal Dispute Resolution

    You and Ginger-U agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Ginger-U shall be sent by certified mail or courier to 302 Washington St #150-4330, San Diego, CA 92103, U.S.A. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Ginger-U Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 10, and will include (d) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (e) a description in reasonable detail of the nature or basis of the Dispute, and (f) the specific relief that we are seeking. If you and Ginger-U cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Ginger-U may, as appropriate and in accordance with this Section 25, commence an arbitration proceeding or, to the extent specifically provided for in Section 25.1, file a claim in court.

    25.5 Process

    EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 15 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND GINGER-U AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR GINGER-U WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND GINGER-U WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Ginger-U agree that (a) any arbitration will occur in the State of California, San Diego County, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, San Diego County, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

    25.6 Authority of Arbitrator

    As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section 25, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this Section 25, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.

    25.7 Rules of JAMS

    The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

    25.8 Severability

    If any term, clause, or provision of this Section 25 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 25 will remain valid and enforceable. Further, the waivers set forth in Section 25.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

    25.9 Opt-Out Right

    You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by writing to: compliance@ginger-u.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 25.

26. GOVERNING LAW; VENUE

These Terms and our relationship with you will be governed by the laws of the State of California, excluding its choice of laws rules. You and Ginger-U each irrevocably agree that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis exclusively in the U.S. District Court for the Southern District of California, or the state courts located in San Diego County, California. You and Ginger-U each irrevocably consents to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and Ginger-U agree that Ginger-U may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

27. MISCELLANEOUS
    27.1 Domestic Use; Export Restriction

    We control the Services from our offices in the United States of America. We make no representation that the Services or its content, including, without limitation, any products, or services available on or through the Services, are appropriate or available for use in other locations. Users who access our Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from our Services may be downloaded in violation of United States law. If you access our Services from outside the United States, you do so at your own risk.

    27.2 Health-Related Information

    The information on Ginger-U Services is for informational purposes only. The information is in no way meant to be a substitute for medical treatment and may not be construed as medical advice, diagnosis, or treatment. You should not use the information on our Services, including, but not limited to, information provided by Practice Users employed by or contracting with Ginger-U, for treating a health problem, disease, or prescribing medication. Information and statements regarding dietary supplements or CBD products have not been evaluated by the Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure, or prevent any disease. You should read all product packaging carefully prior to use and seek the advice of licensed medical professionals with any questions or concerns.

    27.3 Events Outside Our Control

    An Event Outside Our Control means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, floor, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms (a) we will contact you as soon as reasonably possible to notify you, and (b) our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

    27.4 Typographical Errors; Inaccuracies; Omissions

    The Services may contain typographical errors or other inaccuracies and may not be complete or current. Ginger-U reserves the right, but does not have the obligation, to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Ginger-U may refuse to provide Services that are based on inaccurate or erroneous information on the Services, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.

    27.5 Entire Agreement

    These Terms, along with any additional terms and conditions incorporated herein, constitute the entire agreement between you and us relating to our Services and Ginger-U Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services or Ginger-U Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Services or Ginger-U Content, the signed written agreement will control.

    27.6 Severability

    Subject to any other Section in the Terms, in the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, shall be deemed to be severed from these Terms, such determinations shall not affect the validity and enforceability of any other remaining provisions.

    27.7 Waiver

    The failure by you or us to enforce any provision of the Terms will not constitute a waiver.

    27.8 Headings

    The headings of the Sections of these Terms are for convenience only and will have no legal or contractual effect.

28. ADDITIONAL ASSISTANCE; CONTACT US

If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we encourage you to contact us at Ginger-U, 302 Washington St #150-4330, San Diego, CA 92103, U.S.A., ATTN: Compliance, or email us at compliance@ginger-u.com.

29. REVISIONS TO THE TERMS OF SERVICE

We reserve the right to revise our Terms at any time. Any revisions that we make will become a part of our agreement with you when they are posted to our Services. Your continued use of our Services will constitute your agreement to the revisions we have made. The last date these Terms were revised is set forth at the top of these Terms. You should visit this page from time to time to review the then current Terms. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of our Services.

APPLE AND ANDROID DEVICE ADDITIONAL TERMS

If you access our app via a mobile device or tablet branded by Apple, Inc., or Android (“Hosts”) and running the Host’s iOS (a “Host Device”), the following terms (“Host Device Additional Terms”) are hereby made part of these Terms:

    • Conflicting Terms. If these Host Additional Terms conflict with any other provision of these Terms, then the Host Device Additional Terms shall control with respect to access and use of the Services via a Host Device.
    • Agreement with Ginger-U Not Host. You acknowledge that these Terms are an agreement between Ginger-U and you, and not with a Host. Ginger-U, not the Host, is solely responsible for any app you access via your Host Device (“iOS App”) and the content thereof. If these Terms are less restrictive with respect to an iOS App or otherwise conflict with, the Host App Store Terms of Service (the “App Store Terms of Service”), the App Store Terms of Service shall apply to the extent of any conflict.
    • Scope of License. The license granted to use an iOS App is limited to a non-transferable license to use our app on a Host Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
    • Maintenance and Support. You acknowledge that the Host has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. If Ginger-U decides (in its sole discretion) to provide support and maintenance services for an iOS App, Ginger-U is solely responsible for providing such services.
    • Warranty. In the event of any failure of the an iOS App to conform to any applicable warranty provided by Ginger-U in these Terms, you may notify the Host and the Host will refund the purchase price for the iOS App (if any) and, to the maximum extent permitted by applicable law, the Host will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is Ginger-U’s sole responsibility. Notwithstanding the foregoing, Ginger-U is not obligated to provide any warranty with respect to an iOS App and you acknowledge and agree that this paragraph will not have any effect on the warranty disclaimers provided in these Terms.
    • Product Claims. You hereby acknowledge that Ginger-U, not the Host, is responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Note that, pursuant to the limitation of liability provision set forth in these Terms, these Terms will not limit Ginger-U’s liability beyond what is permitted by applicable law.
    • Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that an iOS or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s intellectual property rights, Ginger-U, not the Host, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
    • Legal Compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    • Third Party Beneficiary. You hereby acknowledge and agree that the Host, and the Host’s subsidiaries, are third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of these Terms, the Host has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the iOS App as a third party beneficiary thereof.
    • Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS App to Ginger-U at compliance@ginger-u.com. Ginger-U’s principal office is located at 302 Washington St #150-4330, San Diego, CA 92103, U.S.A.