WisePath for Teens Terms and Conditions

Last Updated: March 5, 2025

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Agreement

These terms and conditions (“Service Terms”) govern your (“you” or “your”) access to, and

use of WisePath for Teens (“WisePath for Teens” or the “Service”) owned by Evidence-

Based Practice Institute, Inc., dba Jaspr Health (“Jaspr Health”). These Service Terms do

not alter in any way the terms of any written agreement signed by you and Jaspr Health. By

using the Service, you accept these Service Terms and all agreements, documents, or

policies incorporated herein by reference. If you are using the Service on behalf of any

entity, you represent and warrant that you are authorized to accept these Service Terms on

such entity’s behalf and the term “you” shall refer to you personally and such entity. The

Service is owned and/or operated by Jaspr Health. By accessing and/or using our Service,

or by or by clicking and/or toggling to accept or agree to the Service Terms when this option

is made available to you, you accept and agree to be bound and abide by these Service

Terms.

Jaspr Health reserves the right to change or modify any of the terms and conditions

contained in these Service Terms, or any policy or guideline, or to modify or discontinue the

Services at any time and in its sole discretion. We will give you notice of any changes or

modification to these Service Terms or any policy or guideline by posting the revised

agreement on the applicable Service, notifying you upon opening the applicable Service,

and/or sending you an email to the last email address you provided to us (if any). Any

changes or modifications will go into effect after the new effective date. We may require

you to provide consent to the updated agreement(s) before further use of the Service is

permitted. Your continued use of following the posting of its changes or modifications will

Our Service , may incorporate, link to, or otherwise include information, data,

documentation, instructions, guides, or other content prepared by Jaspr Health and/or

third parties (“Content”). The use of WisePath for Teens and its Content is at your own risk.

Jaspr Health, its contributors, and their respective agents, representatives, affiliates,

employees, heirs, and successors in interest, assume no liability for, or relating to, the

delay, failure, interruption, or corruption of any data or other information transmitted in

connection with use of Jaspr Health services.

Eligibility

You agree to provide us with complete and current registration information. You are not

eligible to use our Services unless you are at least 13 years old and otherwise have the

legal capacity to enter into a binding contract in your jurisdiction. Persons under 13 years of

age are prohibited from providing personal information on our Services. Under no

circumstances may our Services be used by a child under 13 years old. If you are an

unemancipated minor over the age of 13, you may only use our Services if such use has

been approved of by your parent or legal guardian, you use our Services under their or a

designate’s supervision, and your parent or legal guardian has agreed to these Terms (and,

if applicable, any separate user agreement) on your behalf. By using the Services you

represent that you are of legal age and authority to enter into these Service Terms, or have

the foregoing parent or legal guardian’s consent to do so.

If you are the parent, guardian or designate of an unemancipated minor, you may use the

Services and parents and guardians may enter into these Service Terms on behalf of such

minor. By doing so, you represent and warrant that you have the legal capacity to act on

behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions

of these Service Terms (and any separate user agreement, if applicable) that applicable to

you are equally applicable to such minor.

Please review our Privacy Policy, which is fully incorporated herein by reference, for

information on how Jaspr Health collects, uses and discloses personally identifiable and

other information from its users. Jaspr Health does not use personal information about you

except as necessary to provide the Service. You hereby agree to be bound by Jaspr Health’s

If you provide us with any feature requests, comments, suggestions or other feedback

(“Feedback”), you hereby: (i) agree that such Feedback is provided on a non-proprietary

and non-confidential basis, and (ii) grant us a perpetual, non-exclusive, worldwide, royalty

free and fully paid-up, freely transferable, irrevocable license, with the right to sublicense

through infinite levels of sublicensees, to incorporate, copy, reproduce, adapt, disclose,

and use without limitation the Feedback for any purpose.

Registration for the Service

Some of our services may require you to register by providing information about yourself (or

your designee) and, if you are registering on behalf of an entity, information about that

entity (such as identification, credit card information, and contact details). You represent

that any such information you provide is accurate, complete, and updated. Failure to do so

constitutes a breach to these Service Terms and may result in a termination of your

account and access to the Service. You are responsible for maintaining the security and

confidentiality of your account password. You are also solely responsible for all activities

that occur through your account. You agree not to access or use, or attempt to access or

use, the Service or any part thereof using the identity, account, or password of any person

other than you. You agree to immediately notify Jaspr Health of any unauthorized use of

your account.

Intellectual Property

User Content & Data Repository. Our Service may allow you to add personal and/or patient

content (“User Content”). Jaspr Health has the right to refuse any User Content. User

Content does not become the property of Jaspr Health. Jaspr Health may remove

personally identifying data regarding users, patients, health care organizations, and/or

health treatment providers to create anonymized data and use such anonymized data for

purposes of research and development. Anonymized data shall not be considered to be

User Content. Jaspr Health may use, disclose, market, license and sell anonymized data

for educational, professional, product improvement and research purposes without

restriction, and you have no interest in such information, or in the proceeds of any sale,

license, or other commercialization of anonymized data. Jaspr Health will only use

personally identifying data in accordance with the terms of its Privacy Policy. You

acknowledge that a significant portion of your consideration for the provision of some of

our Service is the rights conferred by this Section, without which we would not enter into

these Service Terms.

If an account containing User Content is deactivated, Jaspr Health will archive its User

Content for a period of five years (or longer if required by law) as necessary to comply with

legal obligations, resolve disputes, and enforce our agreements and other authorized uses

under these Service Terms. By adding User Content, you grant Jaspr Health and its

affiliates the perpetual, irrevocable, worldwide, royalty-free, assignable, non-exclusive right

to use, reproduce, transmit, display and distribute such User Content as set forth in

the Privacy Policy. Jaspr Health will not publicly display your User Content that is protected

health information except as is permitted by the Health Insurance Portability and

Accountability Act (HIPAA) and the Health Information Technology for Economic and

Clinical Health (HITECH) Act to the extent it applies to our Service. Only agents who are

explicitly authorized by patients to have access to their healthcare information may access

protected health information within our Service.

If you are a healthcare provider or agent authorized by a healthcare provider entering User

Content on behalf of a patient, you agree that the User Content you provide on the patient’s

behalf is accurate and thorough; that the patient has agreed to allow you to use our Service

and provided you will all necessary consents; that you will review and update information

for accuracy and that you will immediately remove any User Content entered on the

patient’s behalf when instructed to do so by the patient.

You represent and warrant that (a) you own and control all of the rights to the User Content

that you add to our Service or you otherwise have the right to post such User Content and

to grant the rights granted herein; (b) the User Content is accurate and not misleading; and

violate these Service Terms and will not violate any rights of or cause injury to any person or

entity. You hereby waive any moral rights you may have in such User Content.

The Service and all content, including, without limitation, the Jaspr Health trademarks,

Jaspr Health logos, and all designs, text, graphics, images, information, data, software,

documentation, sound files, other files and the selection and arrangement thereof are the

property of, Jaspr Health and are protected by U.S., Canadian, and international copyright,

trade secret and other intellectual property laws. Unless explicitly stated herein, nothing in

these Service Terms shall be construed as conferring any license to intellectual property

rights, whether by estoppel, implication or otherwise.

You agree that Jaspr Health, at its sole discretion, has the right to screen, reject, or remove

any User Content, or portion thereof, saved on our servers that infringes our, or any third

party intellectual property rights. Jaspr Health reserves the right to disclose any such

material saved on our servers as necessary to satisfy any applicable law, regulation, legal

process or governmental request.

You should save all of your User Content through alternate storage solutions inasmuch as

Jaspr Health does not warrant the security or reliability of its Service.

JASPR HEALTH, the JASPR HEALTH logo, WISEPATH FOR TEENS, and WISEPATH FOR TEENS

logo, and all other trademarks on our Service remain property of Jaspr Health, and you

agree that your use of the Service shall generate no rights in the trademarks.

Restrictions;

Acceptable Use

You are responsible for your use of the Service, and for any use of the Service made using

your account. Our goal is to create a positive, rewarding, and safe experience in connection

with our Service. To promote this goal, we prohibit certain kinds of conduct that may be

harmful to other users or to Jaspr Health. You agree not to engage in any of the following in

your use of the Service:

• Violate any laws or regulation;

• Post content that is intentionally false, deceptive, harmful, deceitful, harassing,

threatening to Jaspr Health or any third party;

• Post content that may infringe any patent, trademark, trade secret, copyright or

other intellectual or proprietary right of any party. By posting any content, you

represent and warrant that you have the right to distribute and reproduce such

content as provided under these Service Terms;

• Post content that impersonates any person or entity or otherwise misrepresents

your affiliation with a person or entity or perform any other similar fraudulent

activity, such as phishing;

• Transmit any viruses, spyware, malware, corrupted data or other harmful, disruptive

or destructive files;

• Use any means to scrape or crawl any Web pages or content contained in the

Service;

• Use automated methods to use or interaction with the Service;

• Attempt to circumvent any technological measure implemented by Jaspr Health or

any of Jaspr Health’s providers or any other third party (including another user) to

protect the Service or any Jaspr Health system;

• Resell, lease, distribute, publicly display, or rent the Service;

• Use the Service for anything other than their intended purpose;

• Use of any portion of the Service as a destination linked from any unsolicited bulk

messages or unsolicited commercial messages;

• Make the Service available to any third parties without permission from Jaspr

Health;

• Attempt to decipher, decompile, disassemble, or reverse engineer any of the

software used to provide the Service; or

• Advocate, encourage, or assist any third party in doing any of the foregoing.

Any use of the Service that violates these Service Terms is strictly prohibited and may result

in your immediate removal from the Service. Unauthorized use may also violate applicable

laws including without limitation copyright and trademark laws and applicable

communications regulations and statutes. You agree to use the Service and any

information obtained from the Service and your use thereof solely for the purposes

authorized by these Service Terms.

Links to Other Sites

Jaspr Health or the Service may provide links to third-party web sites. Jaspr Health does not

recommend and does not endorse the content on any third-party sites. Jaspr Health does

not monitor and is not responsible for the content of linked third-party sites, sites framed

within any services, third-party sites provided, or third-party advertisements, and do not

make any representations regarding their content or accuracy. Your use of third-party sites

is at your own risk and subject to the terms and conditions of use for such sites. Jaspr

Health does not endorse any product, service, or treatment advertised on such sites.

Payment

Our Service may be provided to patients and/or employees of subscribing organizations

(e.g., hospitals, other health care organizations). If you purchase a subscription to the

Service, you shall be charged in advance for such amount as you select when subscribing

for the Service until such time as you or Jaspr Health terminate the Service. Termination of

your account will result in no further charges being made upon your credit card or other

account, but no refunds shall be issued for any reason except where promised herein or

within Jaspr Health’s sole discretion. All charges and payments shall be in U.S. dollars.

Jaspr Health reserves the right to collect certain taxes or other assessments from you in

order to comply with local, state, federal, or international laws and regulations, as required

now or later imposed. If you claim exemption from any taxes, you shall provide Jaspr Health

with documentation required by the taxing authority to support an exemption. Jaspr Health

reserves the right to change the price of its Service upon (30) days’ notice to you and you

will be given the opportunity to terminate the Service prior to such increase becoming

effective.

Consent to Receive Emails and Notice

As long as you maintain your registration, you may not “opt out” of receiving account-

related emails from Jaspr Health. The parties hereto may give legal notice by means of

electronic mail, which electronic mail shall be considered delivered when sent. The notice

address of Jaspr Health shall be no-reply@jasprhealth.com or such other address as is

provided by Jaspr Health to you). Your address for the receipt of notices pursuant to these

Service Terms shall be the current email address listed by you in your account profile.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law,

Jaspr Health has adopted a policy of terminating, in appropriate circumstances and at

Jaspr Health’s sole discretion, access to those who are deemed to be repeat infringers.

Jaspr Health may also, at its sole discretion, limit access to the Service and/or terminate

the accounts of any users who infringe any intellectual property rights of others.

We will respond to notices of alleged copyright infringement that comply with applicable

law and are properly provided to us. If you believe that your copyrighted materials have

been copied in a way that constitutes copyright infringement, please provide us with the

following information: (i) a physical or electronic signature of the copyright owner or a

person authorized to act on their behalf; (ii) identification of the copyrighted work claimed

to have been infringed; (iii) identification of the material that is claimed to be infringing or to

be the subject of infringing activity and that is to be removed or access to which is to be

disabled, and information reasonably sufficient to permit us to locate the material; (iv) your

contact information, including your address, telephone number, and an email address; (v)

a statement by you that you have a good faith belief that use of the material in the manner

complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a

statement that the information in the notification is accurate, and, under penalty of perjury,

that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent for notice of alleged copyright infringement appearing on

the Service is:

Evidence-Based Practice Institute, Inc. / Jaspr Health

9450 SW Gemini Dr

PMB 68735

Beaverton, OR 97008-7105

Email address: copyright@jasprhealth.com

App Store

If you elect to download an a software application (an “App”), the following also applies:

Jaspr Health grants you a personal, revocable, non-exclusive, non-transferable license

(without a right to sublicense) to download, install and use a copy of the App on a single

mobile device or computer that you own or control solely for your personal and

professional use, subject at all times to these Service Terms, including the restrictions on

use, the acceptable use provisions and our right to remove your Content (as defined below)

at our discretion at any time. Furthermore, with respect to any App accessed through or

downloaded from an app store such as the Android Market or Apple App Store (an “App

Store Sourced Application”), you will only use the App Store Sourced Application: (i) on a

product that runs the operating system for which it was intended and (ii) as permitted by

the “Usage Rules” set forth in the corresponding App Store. Use of the App from a third-

party App Store is also subject to the provisions of these Service Terms.

When you download our Service or Apps, you may do so through a third party’s App Store.

You acknowledge that the terms of these Service Terms are between you and us and not

with the owner or operator of the App Store (“App Store Owner”). As between the App Store

Owner and us, we, and not the App Store Owner, are solely responsible for the Service,

including the App, the content, maintenance, support services, and warranty, and

addressing any claims relating thereto (e.g., product liability, legal compliance or

intellectual property infringement). In order to use the App, you must have access to a

wireless network, and you agree to pay all fees associated with such access. You also

agree to pay all fees (if any) charged by the App Store Owner in connection with the Service,

including the App. The following applies to any App Store Sourced Application:

• Your use of the App Store Sourced Application must comply with the App Store’s

“Terms of Service” or equivalent terms.

• You acknowledge that the App Store Owner has no obligation whatsoever to furnish

any maintenance and support services with respect to the App Store Sourced

Application.

• In the event of any failure of the App Store Sourced Application to conform to any

applicable warranty, you may notify the App Store Owner, and the App Store Owner

will refund the purchase price for the App Store Sourced Application to you (if any)

and to the maximum extent permitted by applicable law, the App Store Owner will

have no other warranty obligation whatsoever with respect to the App Store Sourced

Application. As between Company and the App Store Owner, any other claims,

losses, liabilities, damages, costs or expenses attributable to any failure to conform

to any warranty will be the sole responsibility of Company.

• You and we acknowledge that, in the event of any third-party claim that the App

Store Sourced Application or your possession and use of that App Store Sourced

Application infringes that third party’s intellectual property rights, as between Jaspr

Health and the App Store Owner, Jaspr Health, not the App Store Owner, will be

solely responsible for the investigation, defense, settlement and discharge of any

such intellectual property infringement claim to the extent required by these Service

Terms.

• You and we acknowledge and agree that the App Store Owner, and the App Store

Owner’s subsidiaries, are third-party beneficiaries of these Service Terms as related

to your license of the App Store Sourced Application, and that, upon your

acceptance of these Service Terms, the App Store Owner will have the right (and will

be deemed to have accepted the right) to enforce the terms of these Service Terms

as related to your license of the App Store Sourced Application against you as a

third-party beneficiary thereof.

• Without limiting any other terms in these Service Terms, you must comply with all

applicable third-party terms of agreement when using the App Store Sourced

Application.

• You and we acknowledge that, as between Jaspr Health and the App Store Owner,

the App Store Owner is not responsible for addressing any claims you have or any

claims of any third party relating to the App Store Sourced Application or your

possession and use of the App Store Sourced Application, including, but not limited

to: (i) product liability claims; (ii) any claim that the App Store Sourced Application

fails to conform to any applicable legal or regulatory requirement; and (iii) claims

arising under consumer protection or similar legislation.

Account Deletion Requests

If you would like your account and associated data deleted from our system, you must

submit a request, including all required contact and other information, using our Request

Form.

Please be aware, research data and some in-app data may not be deleted due to need for

regulatory compliance, fraud prevention, and/or security reasons. We will delete all other

data upon request If you have questions about these data and how we use it, or if you have

any other inquiries please contact us at research@ebpi.org.

Indemnity and Hold Harmless

You agree to defend, indemnify, and hold harmless Jaspr Health, its corporate affiliates,

independent contractors, service providers and consultants, and each of their respective

directors, employees and agents, from and against any claims, damages, costs, liabilities

and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or

related to the , the Service, any materials thereon, your use or inability to use the Service,

or any User Content you post including without limitation any actual or threatened suit,

demand or claim arising out of or relating thereto, your conduct, your violation of these

Service Terms or your violation of the rights of any third party.

Jaspr Health, its contributors, their licensors, their suppliers, their respective agents,

representatives, affiliates, employees, heirs, and successors in interest, or any third parties

mentioned on Jaspr Health services are not liable for any personal injury, including death,

caused by your use or misuse of our Services, or their content. Any claims arising in

connection with your use of our Services must be brought within one (1) year of the date of

the event giving rise to such action occurred. Your remedies under these Service Terms are

exclusive and are limited to those expressly provided for in these Service Terms.

Compliance with Laws

You represent and warrant that your use of the Services shall comply with all local, state

and federal laws.

Beta and Trial Services

You may be provided access to beta, trial, or experimental versions of our Services (“Betas”

and each a “Beta”), which may be separate, stand-alone services from our current

Services, or may be a feature or function of an existing service. You agree that your

participation in any Beta is voluntary without any expectation of compensation or

reimbursement.

You understand and acknowledge that each Beta is being provided as a beta version and is

being provided on an “As Is” and “As Available” basis. A Beta may contain bugs, errors, or

other issues. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF

BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-

UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS,

AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition,

we are not obligated to provide any maintenance, technical, or other support for any Beta.

We have the right to terminate any Beta, or your participation in any Beta, at any time, for

any reason, with no liability to you.

Jurisdiction and Dispute Resolution

You expressly agree that exclusive jurisdiction for any dispute over Jaspr Health, its

services, or in any way relating to your use of Jaspr Health, resides in the courts of either

the State of Washington, and you further agree and expressly consent to the exercise of

personal jurisdiction in the courts of State of Washington in connection with any such

dispute including any claim involving Jaspr Health, their licensors, their suppliers, their

respective agents, representatives, affiliates, employees, heirs, and/or their successors in

interest.

These Service Terms are governed by the internal substantive laws of the State of

Washington, without respect to its conflict of laws principles.

In the event of any controversy between the parties, the parties hereto shall consult and

attempt to reach a solution satisfactory to both parties. If they fail to do so within a period

of thirty (30) days, then either party may, by notice to the other, demand mediation under

the mediation rules of the American Arbitration Association. If resolution is not reached

within sixty (60) days after service of a written demand for mediation, any unresolved

controversy or claim shall be settled by arbitration in accordance with the rules of the

American Arbitration Association before a single arbitrator in Seattle, Washington. The

arbitrator shall render a written opinion including findings of fact and law and the award

and/or determination of the arbitrator shall be binding upon the parties, and their

respective administrators and assigns, and shall not be subject to appeal. Judgment may

be entered upon the award of the arbitrator in any court of competent jurisdiction. The

expenses of the arbitration shall be shared equally by the parties unless the arbitration

determines that the expenses shall be otherwise assessed and the prevailing party may be

awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that,

barring extraordinary circumstances, arbitration proceedings shall be concluded within

ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this

time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to

adhere to this time limit shall not constitute a basis for challenging the award. Consistent

with the expedited nature of arbitration, pre-hearing information exchange shall be limited

to the reasonable production of relevant, non-privileged documents, carried out

expeditiously. This Section shall not apply to claims concerning the ownership, validity,

infringement, misappropriation, disclosure, misuse or enforceability of any confidential

information, patent right, copyright, mask work, trademark or any other trade secret or

intellectual property. To the fullest extent permitted by applicable law, no arbitration or

claim shall be joined to any other arbitration or claim, and no class arbitration proceedings

shall be permitted. In no event shall any claim, action or proceeding by you related in any

way to the Service be instituted more than two (2) years after the cause of action arose. In

the event that any term of this Section (Arbitration) is held to be in conflict with a

mandatory provision of applicable law, such conflicting term shall be modified

automatically to comply with such provision and the remainder of this Section shall not be

affected.

Term and Termination

These Service Terms shall continue until such time as either party terminates them. Upon

Termination, the account holder must pay for any Service purchased through the date of

termination. Jaspr Health has the right to terminate the Service without cause by providing

thirty (30) days prior notice to the email account listed by you in your user account

information. In such event, you shall be refunded any unearned fees paid in advance. You

agree and acknowledge that Jaspr Health will deactivate your account and archive your

data for a period of five (5) years (or longer if required by law) as necessary to comply with

legal obligations, resolve disputes, and enforce our agreements and other authorized uses

under these Service Terms and will retain anonymized data for use as described above.

Termination for Cause

Jaspr Health may immediately terminate these Service Terms in the event of your material

breach of the terms or conditions of these Service Terms. Any breach of your payment

obligations or unauthorized use of your account will be deemed a material breach of these

Service Terms.

Assignment; Change in Control

These Service Terms may be assigned in its entirety by the account holder only in

connection with the sale, transfer, or reorganization of all or substantially all of the practice

or business to which these Service Terms relates; provided that each of the following

conditions are satisfied in full: (a) an authorized representative of the transferor or

transferee notifies us in writing of the transfer, the legal name of the transferee, and date of

transfer; (b) the transferor or transferee submits to us such written certifications,

assurances (which may include a written opinion of your counsel identifying us as

beneficiaries entitled to rely on such opinion) or instruments as we, in our sole discretion,

may request; and (c) we are satisfied, in our sole discretion, of the validity of the

certifications, assurances or instruments submitted pursuant to clause (d). Otherwise,

these Service Terms may not be assigned by you without the prior written approval of Jaspr

Health, and any assignment without such approval shall be void and of no effect. These

Service Terms may be assigned without your consent by Jaspr Health to (i) a parent or

subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.

Waiver; Entire Agreement

No delay or omission by either party hereto to exercise any right or power occurring upon

any noncompliance or default by the other party with respect to any of the terms of these

Service Terms shall impair any such right or power or be construed to be a waiver thereof.

The terms and conditions of these Service Terms may be waived or amended only in writing

and only by the party that is entitled to the benefits of the term(s) or condition(s) being

waived or amended. Unless stated otherwise, all remedies provided for Jaspr Health in

these Service Terms shall be cumulative and in addition to and not in lieu of any other

remedies available to us at law, in equity, or otherwise. These Service Terms, together with

the Privacy Policy, and any other agreement expressly incorporated herein, constitutes the

complete and exclusive statement of the agreement between the parties with respect to

the use of the Services and any acts or omissions of Jaspr Health and supersedes any and

all prior or contemporaneous communications, representations, statements and

understandings, whether oral or written, between the parties.

Unenforceability

If any provision of these Service Terms or any word, phrase, clause, sentence, or other

portion thereof should be held to be unenforceable or invalid for any reason, then such

provision or portion thereof shall be modified or deleted in such manner as to render these

Service Terms as modified legal and enforceable to the maximum extent permitted under

applicable laws.

Authority

The party entering into these Service Terms hereby acknowledges, represents and warrants

that they are expressly and duly authorized to enter into these Service Terms and to legally

bind themselves and any entity they represent to these Service Terms. You agree that no

joint venture, partnership, employment, or agency relationship exists between you and

Jaspr Health.

Notice to California Users

Under California Civil Code Section 1789.3, users of the Services from California are

entitled to the following specific consumer rights notice: The Complaint Assistance Unit of

the Division of Consumer Services of the California Department of Consumer Affairs may

be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or

by telephone at (916) 445-1254 or (800) 952-5210.

Disclaimer of Warranties

EXCEPT AS STATED HEREIN, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS

AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

EXCEPT AS STATED ABOVE, JASPR HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INTELLECTUAL PROPERTY

INFRINGEMENT. JASPR HEALTH DOES NOT REPRESENT OR WARRANT THAT THE SERVICE,

APP, OR ANY OF THE INFORMATION AVAILABLE IN OR ON ANY PART OF THE SERVICES,

ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. JASPR HEALTH DOES

NOT REPRESENT OR WARRANT THAT IT’S SERVERS OR ANY PART OF THE SERVICE IS FREE

OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

In no event shall Jaspr Health or any of its corporate affiliates, independent contractors,

service providers or consultants, or any of their respective directors, employees and

agents, be liable for any direct, special, indirect or consequential damages, including but

not limited to, loss of use, loss of profits or loss of data, whether in an action in contract,

tort (including but not limited to negligence) or otherwise, arising out of or in any way

related to or connected with the Service, or the materials contained in or accessed through

the Service, including without limitation any damages, loss or injury caused by or resulting

from reliance on any information obtained from Jaspr Health, the Service, or that result

from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses,

delays in operation or transmission or any failure of performance, whether or not resulting

from acts of god, communications failure, theft, destruction or unauthorized access to

Jaspr Health’s records, programs or services. The aggregate liability of Jaspr Health,

whether in contract, warranty, tort (including negligence, whether active, passive or

imputed), product liability, strict liability or any other theory, arising out of or relating in any

manner to the use of the site, any other part of the service, shall not exceed any

compensation you pay, if any, to Jaspr Health or, if you paid no amount to Jaspr Health, one

hundred dollars ($100).

If you are a California resident, you waive California civil code section 1542, which says “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” or other like provisions of similar import.

Notices

You may contact us by writing or calling us at:

Jaspr Health

9450 SW Gemini Dr

PMB 68735

Beaverton, OR 97008-7105 Phone: (800) 275-1343

Confidentiality

You acknowledge that your use of the Service may result in Jaspr Health disclosing certain

of its Confidential Information to you. “Confidential Information” refers to certain

information that Jaspr Health reasonably regards as proprietary or confidential relating to

its business, customers, products, proposed products, plans, inventions, processes and

techniques, including without limitation: (i) information, software, designs, text, graphics,

pictures, reviews, and sound files implemented or used by Jaspr Health in its products or to

support its business operations; (ii) trade secrets, business plans, strategies, methods

and/or practices; (iii) computer systems architecture and configurations; (iv) information

which is governed by any now-existing or future non-disclosure agreement between you

and Jaspr Health; (v) any other information relating to Jaspr Health that is not generally

known to the public, including information about personnel, products, customers, financial

information, marketing and pricing strategies, services or future business plans; and (vi)

any and all analyses, compilations, or notes prepared which contain or are based on any of

the above information.

You agree to hold in confidence and not use or disclose any Confidential Information

except in accordance with this Agreement. You may disclose Confidential Information, on

a need-to-know basis, to your personnel who have agreed in writing to non-disclosure

terms at least as protective as the provisions of this Section, for purposes permitted in this

Agreement, subject to the condition that you shall be liable for their breach of this Section.

The obligations set forth in this Section do not apply to Confidential Information that (i) is in

or enters the public domain without breach of this Agreement, (ii) the receiving party

lawfully receives from a third party without restriction on disclosure and without breach of

a nondisclosure obligation, (iii) the receiving party knew prior to receiving such information

from the disclosing party or develops independently without access or reference to the

Confidential Information, (iv) is disclosed with the written approval of the disclosing party.

Notwithstanding the Confidentiality Obligations set forth in this Section, each party may

disclose Confidential Information of the other party as permitted by law (i) to the extent

required by a court of competent jurisdiction or other governmental authority or otherwise

as required by law but only after alerting the other party of such disclosure requirement

and, prior to any such disclosure, allowing (where practicable to do so) the other party a

reasonable period of time within which to seek a protective order against the proposed

disclosure, or (ii) on a “need-to-know” basis under an obligation of confidentiality

substantially similar in all material respects to those confidentiality obligations in this

Section to its legal counsel, accountants, contractors, consultants, banks and other

financing sources.

You agree that any unauthorized disclosure of Confidential Information may cause

immediate and irreparable injury to Jaspr Health and that, in the event of such breach,

Jaspr Health will be entitled, in addition to any other available remedies, to immediate

injunctive and other equitable relief, without bond and without the necessity of showing

actual monetary damages. The obligations of this section shall survive termination of these

Service Terms in perpetuity.

Force Majeure

Except for the payment of fees, if the performance of any part of these Terms by either party

is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood,

riot, fire, judicial or governmental action, labor disputes, act of God, or any other causes

beyond the control of either party, that party shall be excused from such to the extent that it

is prevented, hindered, or delayed by such causes.

PLEASE PRINT A COPY OF THESE SERVICE TERMS FOR YOUR RECORDS AND PLEASE

CHECK BACK FREQUENTLY FOR ANY CHANGES TO THESE SERVICE TERMS.