Terms and Conditions
Updated: January 1, 2023
When you click "I Agree", check a related box, use another acceptance protocol provided by the Service or otherwise accept these Terms and Conditions, you are acknowledging that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to these Terms and Conditions, do not use the Service or create an account. By accepting these Terms and Conditions, you are granting agency authority to anyone who clicks on the "I Agree" button or accepts these Terms and Conditions on your behalf.
ARBITRATION NOTICE: Unless you opt-out of arbitration in accordance with these Terms and Conditions, disputes between you and us or you and the medical groups or providers relating to these Terms and Conditions or the Service will be resolved through binding individual arbitration. You waive your rights to participate in a class-action lawsuit or class-wide arbitration and to a jury trial. We explain some exceptions and how you can opt-out of arbitration below.
In case of a medical emergency, seek in-person emergency care immediately or dial 911. The Service may not be appropriate for all medical conditions or concerns. This Agreement is subject to change as provided herein.
Joylocks Enterprises LLC Health, Inc. and its subsidiaries (collectively, "Joylocks Enterprises LLC," "we," or "us") own and operate the Platform, which includes the websites located at www.joylocks.com and any Joylocks mobile application (collectively, the "Platform"). The Service, which includes any products or services provided through the Platform or otherwise by Joylocks Enterprises LLC, any affiliated website, software, or application owned or operated by Joylocks Enterprises LLC, and any Content associated with the Platform, is governed by these Terms and Conditions ("Terms and Conditions" or "Agreement").
Please read this Agreement carefully. The terms "you" and "yours" refer to the person using the Service or, in the case of a use of the Service by or on behalf of a minor, "you" and "yours" refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of the minor, and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized. Please see the "Limited Use and Availability" Section of this Agreement for more information regarding use of the Service by minors and applicable limitations on such use. The Service is not intended for individuals under the age of thirteen (13), and individuals under the age of thirteen (13) are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian provides consent to use of the Service or this Agreement. Please contact us at firstname.lastname@example.org if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent.
Acceptance of Terms and Conditions
Your access to and use of the Service are subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from accessing, registering with, and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. We reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is
Certain items offered through the Platform require a valid prescription by a licensed healthcare provider. You won't be able to access a prescription product until you've finished a consultation with one of the Providers, the Provider has determined that the prescription product is suitable for you and the Provider has issued a prescription.
If a Provider finds a prescription product appropriate for you and provides a prescription, you will get information about filling the prescription. Certain prescriptions can be filled through one of the Pharmacies by using the Platform (or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service or emailing email@example.com. Prescriptions fulfilled by the Pharmacies don't use child-resistant packaging, and prescription products will not be dispensed in child-resistant containers.
Some prescriptions are not available through the Pharmacies or must be filled by a local pharmacy of your choice as prompted during your use of the Service, including prescriptions used for many common primary care conditions.
If you finish a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product will be shipped to you by the applicable Pharmacy, and the costs associated with the prescription will be included in the total charged to you by the Service as described in the "Subscription Products" section above. If you fill a prescription with a pharmacy other than the Pharmacies, the Service will send the prescription to your chosen pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
Prescription products available through the Platform are "Third-Party Goods and Services" as described in the Third-Party Goods and Services section of this Agreement.
Laboratory Products and Services
Certain laboratory products services offered through the Platform, including at-home testing kits and services, require a valid prescription or order by a licensed healthcare provider. You won't be able to obtain such laboratory services unless you've completed a consultation with one of the Providers, the Provider has determined that the laboratory product and/or service is appropriate for you, and the Provider has prescribed or ordered the laboratory product and/or service.
Currently, laboratory products and services offered through the Platform can only be ordered and fulfilled through the Labs and are not available through local laboratories. If you receive laboratory products and/or services from a Lab through the Platform, the relevant testing materials will be shipped to you by the applicable Lab, and the costs associated with the laboratory products and services will be included in the total charged to you by the Service.
Laboratory products and services available through the Platform are "Third-Party Goods and Services" as described in the Third-Party Goods and Services section of this Agreement.
Limited Use and Availability
Our Service is currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. However, individuals between the ages of 13 and 18 who are located in the states where we offer the Service may use the Service to obtain a medical consultation for acne treatment using topical skincare products (if available through the Service) with parental or legal guardian consent as required by this Agreement and the Service. By accessing, registering with, or using the Service, you represent and warrant that (a) you are either at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen, or (b) if you're between the ages of 13 and 18, you've obtained consent from your parent or legal guardian to use the Service for the sole purpose of obtaining a medical consultation for
Registration; User Accounts, Passwords, and Security
To access the Service, you must register and set up an account on the Platform. Only users with usernames and passwords that have been granted accounts are eligible to use the Service. Your registration information, including your name, username, email address, shipping address, and phone number, is not considered Protected Information as stated above. You are responsible for providing accurate and up-to-date information to Joylocks Enterprises LLC, a Medical Group or its Providers, the Labs, or the Pharmacies. Failure to do so may result in the suspension or termination of your account and your use of the Service. If you become aware of any unauthorized use of your username, password, or breach of security relating to the Service, you must immediately notify Joylocks Enterprises LLC by emailing them at firstname.lastname@example.org. You must keep your username and password confidential and log out of your User account after each session. Joylocks Enterprises LLC is not liable for any losses or damages that result from your failure to comply with this section. You cannot use anyone else’s account at any time.
When setting up an account, you must choose a username and password. To protect the privacy of data that you transmit through the Service, we use technology to encrypt your input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. We take steps to protect your User data against unauthorized access. However, please note that the Service and our services may experience maintenance, problems, or breaches of security that are beyond our control. Additionally, individuals with access to your computer or mobile device may access the Service and any personal information, including medical information. You must log out of your account when not in use and keep your username and password secure.
You must use good judgment and caution when using the Service. Any attempt to violate the Service’s security is prohibited and may result in criminal or civil penalties. Joylocks Enterprises LLC may investigate any suspected violations and cooperate with law enforcement agencies if criminal activity is suspected.
Use and Ownership of the Service
The Service and the information and Content available through the Service are protected by worldwide copyright laws. You are granted a limited, non-transferable, and revocable license to access and use the Service for personal use, subject to the terms of this Agreement. All rights in the Service and Content are reserved by Joylocks Enterprises LLC unless otherwise specified in a separate license. Joylocks Enterprises LLC and its suppliers own all rights, title, and interest in the Service, including but not limited to computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation. You cannot remove or alter any copyright, trademark, service mark, or proprietary rights notices in the Service. Joylocks Enterprises LLC’ stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the Service are Joylocks Enterprises LLC' trademarks and may not be used without permission. Other trademarks, service marks, and trade names that may appear on or in the Service are the property of their respective owners.
License to Information Submitted via the Service
Your Submissions, including data, questions, comments, forum communications, or suggestions, transmitted to Joylocks Enterprises LLC through the Service are non-confidential and non-proprietary to the extent allowed by applicable law. You grant Joylocks Enterprises LLC a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Sub
Right to Monitor
Joylocks Enterprises LLC has the authority to observe the general usage of the Service at any moment it deems fit and to eliminate any materials that, in Joylocks Enterprises LLC' exclusive decision, may be unlawful, may create a responsibility for Joylocks Enterprises LLC, may infringe upon this Agreement, or that are, in Joylocks Enterprises LLC' exclusive discretion, contradictory to Joylocks Enterprises LLC' purpose for the Service.
Third-Party Products and Services
Services or products are supplied by parties other than Joylocks Enterprises LLC, such as Labs, Pharmacies, Medical Groups, and Providers, through the Service (collectively, "Third-Parties"). Additionally, Joylocks Enterprises LLC may offer specific services, devices, items or products produced, delivered, or sold by Third-Parties ("Third-Party Products and Services") for purchase. Any use of Third-Party Products and Services or interaction with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such use or interaction, are the sole responsibility of you and such Third-Parties. You must undertake any investigation you believe necessary or appropriate before engaging in any online or offline transaction involving Third-Parties or any Third-Party Products and Services. You are solely responsible for using the Service and disclosing personal information with caution, discretion, common sense, and judgment.
You agree that Joylocks Enterprises LLC is not responsible or liable for any kind of loss or damage incurred as a result of your use of the Service, including any Third-Party Products and Services or interaction with any Third-Parties. If there is any dispute between you and any Third-Party, any other User, or any other entity or individual, you understand and agree that Joylocks Enterprises LLC is not obligated to participate in such disputes, and you hereby release and indemnify Joylocks Enterprises LLC and XeCare LLC, along with their respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, "Joylocks Enterprises LLC Parties") from any and all claims, demands, and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Certain shareholders, directors, officers, employees, contractors, or agents of Joylocks Enterprises LLC (collectively, "Joylocks Enterprises LLC Owners and Personnel") may have a financial interest in one or more Third-Parties and may benefit from your use of the Third-Parties and/or the sale of Third-Party Products and Services to you.
All products offered for sale by Joylocks Enterprises LLC are subject to availability, and we retain the right to impose quantity restrictions on any order or reject all or any part of an order without prior notice. In case of an error, we hold the right to amend the error and modify your order accordingly (including charging the correct price)
Joylocks Enterprises LLC has the right to terminate your use of the Service, any features or services at any time, and for any reason, including but not limited to violating the Agreement, terminating the agreement with the Medical Groups, Labs, or Pharmacies, or discontinuing the Service. However, the provisions of the Agreement relating to Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of disputes, indemnity, and jurisdictional issues shall survive any termination. If your use of the Service is terminated under this Agreement, you agree not to use the Service under any name, real or assumed. If you violate this restriction after termination, you will indemnify and hold all Joylocks Enterprises LLC Parties harmless from any and all liability that may incur.
Content and other information contained on the Service is provided by Joylocks Enterprises LLC as a convenience. Users relying on Content or other information from the Service do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. Joylocks Enterprises LLC AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, THE LABS, AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY, AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. Joylocks Enterprises LLC DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. Joylocks Enterprises LLC DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
Joylocks Enterprises LLC shall not be liable to you or any other person or entity for any incidental, indirect, special, exemplary, and consequential damages, personal or bodily injury, emotional distress, wrongful death, loss of data, lost profits, or damages resulting from the use of or inability to use the Service, including any information and content made available through the Service or any services performed or products offered by third parties, whether based on warranty, contract, tort (including negligence), or any other legal theory. Joylocks Enterprises LLC shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED
Arbitration and Class Waiver
WE AGREE THAT ANY DISPUTE BETWEEN YOU AND US OR ANY OF THE Joylocks Enterprises LLC PARTIES ARISING FROM THE Joylocks Enterprises LLC PARTIES, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER GOODS, SERVICES OR ADVERTISING BY Joylocks Enterprises LLC OR ANY OF THE Joylocks Enterprises LLC PARTIES SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), INSTEAD OF IN COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
WE ARE COMMITTED TO WORKING WITH YOU TO RESOLVE DISPUTES PROMPTLY AND MUTUALLY BENEFICIALLY. BEFORE COMMENCING ARBITRATION, WE WILL TRY TO RESOLVE ANY DISPUTE COVERED BY THIS ARBITRATION AGREEMENT IN GOOD FAITH INFORMAL EFFORTS (“INFORMAL DISPUTE RESOLUTION CONFERENCE”) TELEPHONICALLY OR VIA VIDEO CONFERENCE. IF YOU ARE REPRESENTED BY COUNSEL, YOUR COUNSEL MAY PARTICIPATE IN THE CONFERENCE, BUT YOU WILL ALSO PARTICIPATE.
THE PARTY INITIATING A DISPUTE MUST GIVE NOTICE TO THE OTHER PARTY IN WRITING OF ITS INTENT TO INITIATE AN INFORMAL DISPUTE RESOLUTION CONFERENCE (“NOTICE”). NOTICE SHOULD BE SENT TO email@example.com OR TO OUR OFFICES. THE NOTICE MUST INCLUDE YOUR CONTACT DETAILS, COUNSEL'S CONTACT DETAILS (IF ANY), AND A DESCRIPTION OF YOUR DISPUTE. THE INFORMAL DISPUTE RESOLUTION CONFERENCE SHALL BE INDIVIDUALIZED SUCH THAT A SEPARATE CONFERENCE MUST BE HELD EACH TIME EITHER PARTY INITIATES A DISPUTE.
IF YOU AND WE ARE UNABLE TO RESOLVE A DISPUTE WITHIN 30 DAYS AFTER THE INFORMAL DISPUTE RESOLUTION CONFERENCE, EITHER PARTY MAY COMMENCE ARBITRATION. THE ARBITRATION SHALL BE CONDUCTED IN SAN FRANCISCO, CALIFORNIA. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING ON ALL PARTIES AND MAY BE ENTERED AS A JUDGEMENT IN ANY COURT OF COMPETENT JURISDICTION. THESE TERMS AND CONDITIONS EVIDENCE A TRANSACTION INVOLVING INTERSTATE COMMERCE; AND NOTWITHSTANDING ANY OTHER PROVISION HEREIN WITH RESPECT TO THE APPLICABLE SUBSTANTIVE LAW, THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ., WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT AND ANY ARBITRATION PROCEEDINGS.
THE COSTS OF ARBITRATION WILL BE GOVERNED BY THE AAA’S FEE SCHEDULE. EACH PARTY AGREES TO PAY ITS OWN ATTORNEY’S FEES AND EXPENSES UNLESS A GOVERNING STATUTORY PROVISION REQUIRES OTHERWISE.
FOR MORE INFORMATION ON AAA, ITS RULES AND PROCEDURES, AND HOW TO FILE AN ARBITRATION CLAIM, YOU MAY CALL AAA AT 800-778-7879 OR VISIT THE AAA
Governing Law; Venue; Severability of Provisions
This Service is controlled and operated by Joylocks Enterprises LLC from our offices within California. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
The validity, interpretation, construction and performance of this Agreement will be governed by the laws of the State of California, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and Joylocks Enterprises LLC, the Medical Groups, the Providers, the Labs or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Joylocks Enterprises LLC may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of Joylocks Enterprises LLC or to a third party in the event that some or all of the business of Joylocks Enterprises LLC is transferred to such other third party by way of merger, sale of its assets or otherwise.
Third Party Beneficiaries
Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of Joylocks Enterprises LLC, the Medical Groups, the Pharmacies, the Labs, and the Providers and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
If you have any questions or concerns about this Agreement, please contact us by email at firstname.lastname@example.org. We will attempt to respond to your questions or concerns promptly after we receive them.