Last Updated: 01/26/2023
These terms and conditions of use (the “Terms”) govern your use of our online websites and properties (collectively, the “Site”). Please read these Terms carefully before using this Site. The Site is owned or controlled by Banjo Health Inc. (“Banjo”). By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Banjo, you agree to and are bound by the terms, conditions, policies and notices contained in the Terms. From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. This Site is offered and available to users who are at least 18 years or older (or over the legal age of majority in your jurisdiction). By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. Any other services, websites, or software operated or provided by Banjo or its affiliates (the “Banjo Services”)to you will be subject to the separate terms and conditions of such Banjo Services that are agreed to in writing, and those additional terms and conditions will become part of your agreement with us, provided that if there is any conflict between these Terms and the terms and conditions of the BanjoServices, the terms and conditions of the Banjo Services shall control.
Ownership of the Site
Content on this Site that is provided by Banjo or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Banjo Content") is the property of Banjo and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. You agree not to download, display or use any Banjo Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Banjo, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Banjo and/or its licensors, that dilutes the strength of Banjo’s or its licensor's property, or that otherwise infringes Banjo’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Banjo Content or third party Content that appears on this Site.
Site Access and Restrictions
The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users;(d) you will not use the Site for any commercial purpose not expressly approved by Banjo in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment. You may not use any scraper, crawler, spider, robot or other automated means of any kind to accessor copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Banjo will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of thisSite or any activity being conducted on this Site.
If a particular feature or service offered on the Site requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name.It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Banjo is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
OnlinePayments; Credit Cards
You may be able to purchase products and/or services on the Site. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Banjo may obtain pre-approval for an amount up to the amount of the payment. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making online payments that: (a) any credit card, debit card and bank account information you supply is true, correct and complete; (b) charges incurred by you will be honored by your credit/debit card company or bank; (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes; and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Banjo Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on the Site is provided as a convenience to our customers and is provided for informational or transactional purposes only. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Site are your sole responsibility and we shall have no liability for such decisions.
Third Party Websites
No Medical Services or Advice
You understand and agree that any health information and other content appearing on the Sites or developed with your input, whether you are a provider, eligible patient, or patient or someone acting legally on their behalf, is for informational purposes only. The Site is not designed to provide medical diagnosis, advice, or treatment. You should discuss all information received through the Site with your physician before making any medical decisions, including starting, stopping or modifying any medication or other treatment or care plan. You acknowledge that your use of the Site does not create a medical provider-patient relationship or constitute the practice of medicine or provision of medical care. You acknowledge that you are responsible for consulting with a medical provider whether or not the Site suggests seeking medical advice.
YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE,WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM BANJO, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR INFORMATION YOU MAY HAVE OBTAINED THROUGH THE SITE. IF YOU EXPERIENCE A MEDICAL EMERGENCY,IMMEDIATELY CALL 911 AND A HEALTH CARE PROFESSIONAL. NOTHING STATED OR POSTED ON THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
Disclaimer of Warranties
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. Banjo makes no representations about the reliability of the features of this Site, the Banjo Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Banjo makes no representations regarding the amount of time that any BanjoContent or User Content will be preserved. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. BANJO DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES,WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY BANJO ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,SHALL BANJO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL BANJO BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER ORNOT CAUSED BY EVENTS BEYOND BANJO’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL BANJO OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THEUSE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF BANJO HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Export Policy and Restrictions
You acknowledge that the products and Banjo Content which are sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the ExportAdministration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions are maintained by the U.S. Department of Treasury. U.S. anti-boycott regulations, or U.S. economic sanctions, including the export and anti-boycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign AssetsControl. You shall indemnify and hold harmless Banjo from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, anti-boycott, or economic sanctions laws and regulations.
Dispute Resolution and Governing Law
These Terms will be governed by and construed in accordance with the internal laws of District of Columbia without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Washington D.C. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law.
Banjo may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Banjo will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.