Terms of Service

The following Terms of Service ("Terms" or "Agreement") constitute a legal agreement between you and the entity or company that you represent ("Customer" or "You" or "Your") and Sproutel, Inc. ("Sproutel"), which governs Your use of the Services. Your use of the Services is subject to (a) the terms and conditions set forth below, and (b) Sproutel's privacy policy, found at https://www.jerrythebear.com/privacy and incorporated herein by reference, so please take the time to understand how these Terms and Sproutel's privacy policy govern Your relationship with Sproutel.

Highlights

  • We are not providing medical advice.
  • We do not make medical or lifestyle decisions on your behalf.
  • We care about your privacy. We keep your information confidential and only share information with third parties where our Services require it. Please see our privacy policy for more information.

Introduction

Sproutel, Inc., in connection with our partners and service providers ("us" or "we" or "our"), provides the Services via our websites, including, without limitation, the https://www.jerrythebear.com website (the "Websites"), our software and mobile apps (the "Apps"), and our hardware devices, including, without limitation, Jerry the Bear (the "Devices").

The Apps and Devices

The Services are designed to be used in connection with our apps and our devices, which you may purchase from us or one of our partners. For hardware warranty, please see our limited warranty.

Content on The Websites

The Websites, Apps, and Devices contain text, data, graphics, images, video, audio, and other material (the "Sproutel Content"). The Sproutel Content is protected by copyright laws in United States and elsewhere. The Sproutel Content may be owned by us or others, including other users of the Websites, or our partners, sponsors, or affiliates. Use of the Services does not confer ownership rights to the Sproutel Content. You may only use Sproutel Content as permitted in these Terms. We do not accept any responsibility or liability for any content posted by third parties on the Websites, including content posted by other members (the "Third Party Content").

Links to Other Sites

The Websites and Apps contain links to, as well as content and data from, third-party websites (the "Other Sites"). Any links are provided solely as a convenience to you. We do not endorse the materials contained on Other Sites.

Limitation of Liability

No Guarantee

We try hard, but we cannot guarantee the Sproutel Services.

We want to provide a great service, but there are certain things we cannot promise. For example, THE SERVICE AND THE SITE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. We disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your use of the Services. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Not Medical Advice

IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

You agree that Sproutel is not providing medical advice via the Websites, Apps, or Devices. Our Services and Sproutel Content are not medical devices, nor are they intended for use in the diagnosis, cure, treatment, or prevention of disease.

The content provided through the Site, whether provided by us or by a third party, is not intended to be, and should not be used in place of (1) the advice of your physician or other medical professionals or (2) a visit, call or consultation with your physician or other medical professionals. Should you have any health related questions, please call or see your physician or other health care provider promptly.

You should never disregard medical advice or delay seeking medical advice because of any content presented on the site or on your any hardware you purchase from us, and you should not use the site of any content on the site for diagnosis or treatment. Any communication with us does not constitute or create a doctor-patient relationship between you and us.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPROUTEL INC., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $100, OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST TWELVE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Indemnification

You agree to defend, indemnify, and hold Sproutel, Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Service and/or your violation of these Terms.

Termination

Termination

You can stop using the Services at any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with or disrupt other's use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, violating these Terms) where we may suspend immediately. We may also change or remove at any time any features currently offered as part of the Sproutel Services.

Copyright

Feedback

We do not grant you any right, title, or interest in the Services or any Content on the Websites, Apps, or Devices. We appreciate feedback from our users, but please only provide feedback, comments, or suggestions that you agree we may use freely in our Services to you and others.

Copyright Policy

We respect the intellectual property rights of others. If we deem it appropriate, we terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. 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 the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  7. You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
  8. Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
    Name - Hannah Chung
    Address - Sproutel, Inc., 60 Valley St Ste 29, Providence, RI 02909
    Telephone - (401) 829-4722
    Email - info@jerrythebear.com

Copyright and Attributions

Copyright © Sproutel, Inc. All rights reserved.

Jerry the Bear is a registered trademark of Sproutel, Inc.

The names of actual companies and products mentioned herein may be trademarks of their respective owners.

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc., registered in the U.S. and other countries.

Google Play and the Google Play logo are trademarks of Google Inc.

"Refresh" icon by artworkbean from the Noun Project
"Fast Delivery" icon by Gregor Črešnar from the Noun Project

General Provisions

Modifications

We may revise these Terms from time to time with or without notice. We will post on the Site the most current version of these Terms, so please check the Site regularly. By continuing to access the Site or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.