TERMS & CONDITIONS

Version Date: 12/03/2022


Welcome. This website is owned and operated by Jellyfish, LLC (the “Company”). Your access to and use of this website (the “Site”) is subject to the Terms of Use set forth in this Agreement.


By accessing the Site and using the services on this Site, you agree to be bound by the terms and conditions (“Terms”) below. Please read these Terms carefully. If you do not agree to these Terms, do not access or use this Site. For the purposes of these Terms, the term “Site” includes the Company.


The Company is HIPAA Compliant and complies with applicable requirements for the use and disclosure of Protected Health Information as set forth in the Health Insurance Portability and Accountability Act of 1996.


IMPORTANT: This Site collects information you provide on this and subsequent forms to match you with our services based on your response to questions. Your request is processed immediately. The Company does not share or disclose your information in any manner other than in accordance with the Company’s Privacy Policy. Please see the Company’s Privacy Policy for more information regarding the Company’s use of your information. The terms and provisions of the Privacy Policy are incorporated herein by reference, and by accepting these Terms, you assent and agree to be bound and abide by the provisions of these Terms and all terms and provisions of the Privacy Policy.


REFUND & CANCELLATION POLICY:

[FOR 420ID]

IF YOU ARE NOT APPROVED BY OUR AFFILIATE PHYSICIANS YOU WILL RECEIVE A FULL AND COMPLETE REFUND FOR THE $50 DEPOSIT YOU PAID TO SCHEDULE YOUR MEDICAL REVIEW. If you attend and complete the medical review with the Physician and you are approved, you will be billed for the remainder of your doctor’s visit balance owed. There are no refunds of the medical review once the medical review is complete and you have been approved by the physician. This medical appointment is like any other medical appointment and once the physician has completed the appointment and approved you, your approval will be submitted to the appropriate agency of the State in which you have chosen to apply (the “Application State”). If you decide not to move forward for any reason after you have been approved, you may choose not to finalize your application. If you have chosen PRO SERVICE, you may cancel that service at any time before 420ID has completed the submission of your application to the Application State on your behalf. THERE ARE NO REFUNDS ONCE YOUR APPLICATION HAS BEEN SUBMITTED TO THE APPLICATION STATE.


[FOR WINGMAN]

If you attend and complete your medical review with the Physician, you will be billed for the remainder of your doctor’s visit balance owed. NO REFUNDS WILL BE PROVIDED AFTER YOU HAVE ATTENDED YOUR PHYSICIAN APPOINTMENT. Refunds may be provided prior to the physician appointment upon request, subject to the Company’s sole discretion.

ADDITIONAL FEES:


[FOR 420ID]

Under normal circumstances there are NO additional fees. Once your medical approval has been submitted in accordance with the laws of the Application State, that approval is valid only for the period of time specified by the Application State. If you have not selected PRO SERVICE, you are solely responsible for completing all remaining registration requirements after completion of your medial approval and paying all necessary fees required by the Application State within the time period specified by law in the Application State. IF YOU FAIL TO COMPLETE YOUR APPLICATION WITHIN THE PERIOD SET BY LAW IN THE APPLICATION STATE YOUR MEDICAL APPROVAL MAY EXPIRE. IN THE EVENT OF SUCH EXPIRATION, A ONE-TIME RENEWAL CHARGE WILL BE OFFERED TO YOU TO REPEAT YOUR MEDICAL EXAMINATION AND RENEW YOUR MEDICAL APPROVAL FOR AN ADDITIONAL $40 FEE.

SITE ACCESS:


We reserve the right to alter or amend any service provided on this Site, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. You are responsible for both: 1) making all arrangements necessary for you to have access to the Site; and 2) ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.


We reserve the right at any time to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.


The Company is based in the State of Missouri in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are solely and exclusively responsible for compliance with local laws.


ADVERTISEMENT MATCHING SERVICE: This Site’s Advertisement Matching service matches consumers with prospective advertisers participating in this Site’s direct network of advertising partners (“participating advertisers”). To use the service, you must complete one or more online application forms that request specific information from you, including, but not limited to, your name, address, telephone number, and email address. This Site’s collection and use of this information is subject to this Site’s Privacy Policy as referenced herein.


This Site is not an advertiser and does not make decisions in connection with its Advertisement Matching service. This Site does not guarantee acceptance into any particular program or service or any other specific result. This Site does not guarantee that the price, product, availability, rates, fees, or any other terms offered and made available by participating advertisers through the Advertisement Matching service are the best available in the market.


This Site does not endorse or recommend the products of any particular advertiser. This Site is not an agent of you or any participating advertiser. This Site is not involved with the advertisers’ use and/or review of your information or any determination about whether you meet any particular qualification criteria.


TRADEMARK INFORMATION: The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of the Company and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.


The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are not permitted to use this website for any purpose other than your own private, non-commercial purposes, including viewing the Site, making use of the services provided by the Company, and transferring to other websites through links provided on this website. You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit, or copy any portion of this website in any manner, including the use of any manual process to monitor or copy any date on the Site, or the use of any robot, spider, or other automated systems or software to extract data from the Site.


PROHIBITED USES OF THE SITE

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site: 1) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); 2) to send, knowingly receive, upload, download, use, or re-use any material that would cause a violation of these Terms; 3) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); 4) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability; 5) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; 6) use any device, software, or routine that interferes with the proper working of the Website; 7) introduce or attempt to introduce any software that is malicious or technologically harmful; 8) gain or attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, any server on which the Site is stored, or any server, computer, or database connected to the Site; or 9) otherwise attempt to interfere with the proper working of the Website.


DISCLAIMERS AND LIMITATIONS

THIS SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” THIS SITE EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS SITE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THIS SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THIS SITE AND/OR THIS SITE’S SERVICES IS AT YOUR OWN RISK. THIS SITE AND/OR ITS PARTICIPATING ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE AND/OR THIS SITE’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THIS SITE OR ITS PARTICIPATING ADVERTISERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE MAXIMUM LIABILITY OF THE SITE TO YOU FROM ANY CAUSE ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES PROVIDED THROUGH THE SITE SHALL NOT EXCEED $50. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THIS SITE, ITS PARTICIPATING ADVERTISERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


INDEMNITY

As a condition of using this Site and/or the services offered herein, you agree to indemnify, defend, and hold harmless this Site and its participating advertisers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this Site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms.


LINKS TO THIRD PARTIES

This Site may contain links to other Sites operated by participating advertisers or other third parties. Such links are provided for your convenience and reference only. This Site does not operate or control in any respect any information, software, products or services available on such third party sites. This website’s inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.


DISPUTE RESOLUTION: Any controversy or claim arising out of or relating to the use of this Site, to the goods or services provided by this Site, or to any acts or omission for which you may contend this Site is liable, including but not limited to any controversy or claim as to arbitrability (“Dispute”), will be settled finally and exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitration will be conducted in St. Louis, Missouri and judgment on the arbitration award may be entered into any court of competent jurisdiction in St. Louis County, Missouri. No arbitrator shall have the power to award damages in connected with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under these Terms with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved.


THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND THIS WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. By using this Site’s service, you consent to these restrictions. In the event of any Dispute in which the Company is the prevailing party, the Company shall be entitled to an award of all costs and expenses, including attorney’s fees, incurred by the Company in pursuing or defending against the Dispute.


In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and this Site, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in St Louis, Missouri. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred. In the event it shall become necessary for the Company to pursue any legal action to enforce the Company’s rights against you under these Terms, the Company shall be entitled to reimbursement of all costs and expenses, including attorney’s fees, incurred by the Company to enforce such rights.


MISCELLANEOUS

These Terms, including the Privacy Policy as incorporated herein, constitute the entire agreement between you and this Site and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications, both written and oral. In the event of any conflict between these Terms and any other statement or purchase confirmation on this Website, these Terms shall govern.


These Terms are for the sole benefit of you and the Company, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms related to your use of this Site or the services provided to you by the Company. These Terms shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions, and you hereby irrevocably submit to the exclusive personal jurisdiction of the State and Federal Courts located in Missouri. If any part of these Terms is determined to be unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect. Any failure by this Site to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.


We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, provided that any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Site. Your continued use of the Site following the posting of revised Terms of Use constitutes your acceptance and agreement to the changes. You are advised and expected to check these Terms regularly so you are aware of any changes, as such changes are binding on you.


No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.


CONTACT US

If you have any questions regarding our Privacy Policy, please contact our privacy offer here privacy@jellyfishllc.io.

Attention: JELLYFISH, LLC| Privacy Officer | 10646 Baptist Church Road | St. Louis | MO | 63128


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