Effective as of March 12, 2022

James Clinic, its affiliates, and contracted medical practices (“James Clinic,” “we,” “us,” or “our”) operate this website and related sites and applications (collectively, the “Website”). We provide practice management and technology services to help patients access care from licensed professionals (“Providers”), including telehealth and other digital services (“Services”).

By accessing or using the Website, including making purchases, you agree to these Terms of Use (“Terms”) and our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Website.

The Website, including all content, tools, and Services, is provided to you conditioned on your acceptance of these Terms. These Terms apply to all users, including browsers, customers, and contributors of content. We may update these Terms at any time by posting changes here. Your continued use of the Website means you accept any updates.

Our store is hosted by Shopify Inc., which provides the platform for selling our products and Services.

General Conditions
We reserve the right to refuse Service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Services and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products of Services
Some products or Services may only be available online and in limited quantities. These items can be returned or exchanged according to our Refund Policy. We make every effort to display accurate images and colors of products, but we cannot guarantee your monitor will reflect them exactly.

We reserve the right to limit sales of our products or Services by person, region, or jurisdiction, and to limit quantities. Product descriptions and pricing may change without notice, and we may discontinue products at any time. Offers are void where prohibited.

We do not guarantee that products, Services, or related information will meet your expectations or be error-free.

Accuracy of Billing and Account Information
We reserve the right to refuse or limit any order at our discretion, including orders placed under the same account, credit card, or billing/shipping address. If we change or cancel an order, we may attempt to notify you using the contact information provided.

You agree to provide current, complete, and accurate information for purchases and accounts, and to update your details promptly as needed. For more information, please see our Refund Policy.

Optional Tools
We may provide access to third-party tools over which we have no control. These tools are offered “as is” without any warranties or endorsements. Your use of these tools is at your own risk and subject to the terms set by the third-party provider.

New features or Services added to the Website will also be governed by these Terms.

Third Party Links
The Website may include third-party content, links, or products. We do not control these sites and are not responsible for their content, accuracy, or any harm that may result from using them. Review third-party policies before making any transactions. Complaints or questions about third-party products should be directed to the third-party provider.

User Comments, Feedback and Other Submissions
If you send us comments, ideas, or other materials—whether we request them or not—you agree that we may use them without restriction, and we are not obligated to keep them confidential or compensate you.

We may monitor, edit, or remove content that violates these Terms or any party’s rights. You agree your submissions will not violate any rights of others or contain unlawful, offensive, or harmful content. You are solely responsible for your comments and their accuracy, and we take no responsibility for them.

Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.

Errors, Inaccuracies and Omissions
Our site and Services may contain errors or omissions related to product descriptions, pricing, or availability. We reserve the right to correct these issues, update information, or cancel orders without prior notice, including after an order is placed. We have no obligation to update or clarify information except as required by law.

Prohibited Uses
You agree not to use the site for any unlawful, abusive, or harmful purposes, including: violating laws, infringing intellectual property rights, transmitting malicious code, collecting personal information without consent, spamming, or interfering with security features. We may terminate your access for any such violations.

Disclaimer of Warranties; Limitation of Liability
We do not guarantee that the Service will be uninterrupted or error-free. The Service and products are provided “as is” and “as available” without warranties of any kind. Your use is at your own risk.

To the fullest extent allowed by law, James Clinic and its affiliates are not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Service or products, including lost profits or data. In jurisdictions where certain limitations do not apply, our liability will be limited to the maximum extent permitted by law.

Indemnification
You agree to defend, indemnify, and hold harmless James Clinic, its affiliates, officers, agents, employees, and partners from any loss, liability, claim, demand, or expense—including reasonable attorneys’ fees—arising from your use of the Website in violation of these Terms.

We reserve the right, at our expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate fully with our defense.

Severability
Our decision not to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. If any provision of these Terms is found to be invalid or unenforceable by a court or arbitrator, it will be enforced to the fullest extent permitted by law, and all other provisions will remain in full effect.

Termination
We may terminate, change, suspend or discontinue any aspect of the Website in our sole discretion. We may restrict, suspend or terminate your access to the Website if we believe you are in breach of these Terms and Conditions or applicable law, or for any other reason without notice or liability.

Entire Agreement
Our failure to enforce any part of these Terms does not waive our rights. These Terms, along with any posted policies, form the entire agreement between you and James Clinic regarding your use of the Service and replace any prior agreements or understandings. Any ambiguities in interpreting these Terms will not be held against the drafting party.

Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

Changes to Term of Service
We may update these Terms at any time without prior notice. Changes are effective upon posting on the Website. Your continued use of the Website after changes are posted constitutes your acceptance.

Medical Disclaimer
The Website is for informational purposes only. Nothing on the Website should be considered medical advice. Do not use the Website to diagnose or treat any medical condition. Contact a qualified healthcare professional for medical advice. If you have a medical emergency, call 911 immediately.

Contact Information
Questions about the Terms of Service should be sent to us at shop@jamesclinic.com.