Jade TRT

Last Updated: February 29th, 2024 

These Terms of Use (“Terms”, “Terms of Use”) are entered into by and between Jade Management Services, LLC. Doing Business As (DBA) JADE TRT, A New Jersey Limited Liability JADE TRT(“Company”, “Us”, “JADE TRT”), and its Users and visitors to the website or service “Services”, and together with the Privacy Policy, govern those persons’ access to the Services, as well as any content or functionality of the Services, whether as a visitor or a User.  

All references to “customer”, “user”, “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Service in any manner, and each of your heirs, assigns, and successors. If you use the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity. 

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS OF USE SET FORTH IN THIS TERMS OF USE, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICE. FAILURE TO USE THE SERVICE IN ACCORDANCE WITH THESE TERMS AND PRIVACY POLICY MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES. 

  1. Service. JADE TRT offers telehealth wellness products (“Services”). To access the Services permanently, you must have an account. The JADE TRT does offer temporary preview of the services for which you do not need an account. For permanent users, you must maintain and are responsible for, the confidentiality of your login and password.  
    1. Third Party Products Disclaimer. JADE TRT does not create any products. As such, you agree to indemnify JADE TRT against any claim related to the use of any product purchased from Company.  
    2. No Medical Advice. JADE TRT does not provide any medical advice. Please consult your personal medical physician before you use any product. 
  2. Conditions Of Access 
    1. You shall abide by all Terms of Use and our Privacy Policy. 
    2. Any breach of these provisions may lead to the cancellation of a User’s access to services. 
    3. Each User shall take care not to disclose strictly personal information. 
    4. We will take any necessary measures to halt fraudulent behavior. 
    5. Each User undertakes not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, etc. 
  3. Paid Purchases, Refund Policy, and Shipping. You may purchase one or more of the products offered by the Company. Your purchaser will only give you access to the particular JADE TRT Service or product for which you have paid for.  
    1. The price and payment procedures are permanently accessible on the Services. 
    2. All prices stated include all relevant local taxes. 
    3. We reserve the right to change the cost of any of our Services. 
    4. To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for services according to these Terms of Use. We do not provide refunds for products damaged during shipping. 
    5. Any product that requires shipping, may take 30 days or more to arrive at your address.  
    6. A replacement product will be shipped in cases of any major service failure in the shipping of any product. 
  4. Your Personal Data Rights. How we use your data and your data privacy rights are covered under our Privacy Policy www.jadetrt.com and are hereby integrated into these Terms of Use. If you have questions concerning your data rights and our obligations please consult our Privacy Policy. Our Privacy Policy covers a variety information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected. 
  5. Content Rights and Licenses. The Services, and all Content other than User Content and all images generated or available on the Services or used to create and operate the Services, is and remains the property of JADE TRT, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Services are accessed, and all rights to the Services, such Content, and such software are expressly reserved.  
    1. All trademarks and service marks, whether registered or unregistered, as well as Service names and JADE TRT names or logos, displayed or mentioned on the Services are the property of their respective owners.  
    2. You must not use such marks without the prior written permission of the owner of the marks. Reference to any Services, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by JADE TRT.
  6. Limited License to Copy Content. JADE TRT grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy, and print the portions of the Content available to Users on the Services.  
    1. Such license is subject to these Terms of Use, and specifically conditioned upon the following: 
    2. Users may only view, copy, and print such portions of the Content for their own personal use; 
    3. Users may not modify or otherwise make derivative works of the Services or Content, or reproduce, distribute, or display the Services or any Content (except for page caching) except as expressly permitted in these Terms of Use; 
    4. Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; 
    5. Users may not use the Services or Content other than for their intended purposes; 
    6. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise;  
    7. JADE TRT may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise. 
  7. Intellectual Property. Users may not engage in any activity on or through the Services, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.  
    1. We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) and trademark law, and we retain the right to remove Content from the Services that JADE TRT believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.  
  8. Third Party Integration. In providing the Service, JADE TRT may make available various third-party tools to process payments. JADE TRT is not responsible for the performance of any third-party services or their security of their service. Jade Management Services does store payment processing information and such billing data may be stored by our payment processor. Please review their Terms of Use for any questions regarding the storing of your billing information. 
  9. Changes. JADE TRT may update and amend these Terms of Use at any time and the JADE TRT will make the updated Terms of Use available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms of Use if you use the Services after the updated Terms of Use are made available to you. If at any point you do not agree to any part of the Terms of Use in operation, you should immediately stop using the Services. 
    1. You acknowledge and agree that JADE TRT may change or stop providing the Services or restrict your use of Them at any time without notifying you in advance. 
    2. You acknowledge and agree that JADE TRT can disable or deny you access to the Services, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms of Use and/or if JADE TRT suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity. 
  10. Permitted and Restricted Uses. 
    1. You agree not to offer or modify any content found on the Service consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Content, in any way for any public function, in connection with services or Services that are not those of Company, in other way that is likely to trigger confusion among consumers, that disparages or challenges JADE TRT or its licensors, that dilutes the strength of JADE TRT’s or its licensor’s residential property, or that otherwise infringes JADE TRT’s or its licensor’s copyright rights.  
    2. Any code that JADE TRT develops to generate or show any Content of the pages making up the Site is likewise secured by the Company’s copyright, and you may not copy or adjust such code. Users further agree not to decompile, disassemble, or Reverse Engineer any service or any part thereof.  

DISPUTE PROCESS 

  1. Assumption of Risk. You are solely responsible for ensuring that your use of the Services complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Services.  
  2. Process 
    1. Contact Us – You agree to contact us with your complaint prior to filing for any arbitration.  
    2. File Complaint – You and JADE TRT agree that any dispute must be commenced or filed by you or JADE TRT within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and JADE TRT will no longer have the right to assert such claim regarding the dispute).  
    3. Arbitration – You and JADE TRT agree that (a) any arbitration will occur in the State of New Jersey, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services, which are hereby incorporated by reference, and (c) that the state or federal courts of the State of New Jersey, New York and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. 
  3. Communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.  
    1. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service.  
  4. Disclaimer of Warranties. JADE TRT DOES NOT WARRANT THAT ANY CONTENT ON THE SERVICE, DOCUMENT OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE CONTENT IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. JADE TRTCANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. JADE TRT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JADE TRT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JADE TRT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE.  
    1. JADE TRT DOES NOT VERIFY FOR ACCURACY ANY INFORMATION PROVIDED TO US FROM THIRD-PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH CONTENTS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND THEREFORE THIS DISCLAIMER WOULD NOT BE APPLICABLE IN THOSE JURISDICTIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. YOUR SOLE REMEDY AGAINST JADE TRT FOR DISSATISFACTION, IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. 
  5. Limitation of Liability. To the fullest extent permitted by applicable law, in no event shall the JADE TRT parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets, or damages for business interruption) arising out of or in any way related to the access to or use of the Services or content (including, but not limited to, user content, third party content and links to third party Services), or the order, receipt or use of any Service, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any JADE TRT party, or from events beyond the JADE TRT parties’ reasonable control, such as Service interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, 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 the JADE TRT parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable). To the extent that a Court of Law decides JADE TRT is responsible for any damages, users agree that any award for damages shall not exceed the total amount of payments paid by user during the previous one-year period to JADE TRT in connection with the services relating to such liability. 
  6. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “JADE TRT Parties”), from and against all actual or alleged JADE TRT Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:  
    1. Any use or misuse of the Content or Services by you or any third party you authorize to access or use such Content or Services;  
    2. Any use of any product; 
    3. Any Feedback you provide; and, 
    4. Your violation of these terms, and your violation of the rights of another.
  7. Children. This Service is not directed at individuals under the age of sixteen (16) in the State of New Jersey and New York. JADE TRT does not knowingly collect personal information from any individual under the age of sixteen (16) in the State of New Jersey and New York at this Service. 
  8. Entire Agreement. These Terms of Use incorporate by reference any notices contained on the Services, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of the Services and Content.  
  9. Severability. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.  
  10. No Waiver. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy. 
  11. No Class Actions. You and JADE TRT agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.  
  12. Governing Law and Venue – New Jersey. Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the State of New Jersey and the United States, respectively, sitting in the State of New Jersey.  
  13. Contact Us 

info@jadetrt-h8bx.wp1.host 

Jade Management Services, LLC. (DBA) JADE TRT 

3 Elkridge Way  

Manalapan, NJ 07726 

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