Terms of Sale
TERMS OF SALE FOR THE
ZERIGO HEALTH HOME PHOTOTHERAPY DEVICE
Date of Last Revision: October 27, 2020
This is a binding legal agreement (hereinafter referred to as “this” or “the” Agreement”) between
Zerigo Health, a Delaware corporation with a place of business in San Diego, CA (and its
subsidiaries and affiliates) (“hereinafter referred to as “ZERIGO HEALTH”) and the Buyer
(“hereinafter referred to as “BUYER” or “you”) of (a) the Zerigo Health Home Light Therapy Handheld
Device (the “Home Light Device,” “Zerigo Health Handheld”, or “Handheld”) including the Accessories
(as described below), (b) components of the Home Light Device and/or the Zerigo Health Home Light
Therapy System (the “Home Light System” or “the Zerigo Health System”), and/or (c) any other
products and/or services sold by ZERIGO HEALTH (hereinafter collectively referred to as the “Zerigo
Health Products and/or Services”). ZERIGO HEALTH
and BUYER are hereinafter referred to collectively as “the Parties.” The effective
date of the Agreement is the date that
the BUYER orders the Home Light Device and/or other product and/or service. BUYER, on
behalf of BUYER and/or any person or
entity for whom BUYER is acting, hereby agrees as follows:
- OFFER TO PURCHASE. BUYER hereby offers to purchase the Home Light Device to be used with
the Zerigo Health System, and/or other Zerigo Health Products ordered by BUYER, for the purchase
price listed on the date of the order on the website with the uniform resource locator (URL)
address www.zerigohealth.com (hereinafter referred to as the “Zerigo Health Website”). Upon
ZERIGO HEALTH’s and/or its authorized agent’s receipt of the full purchase price and any
additional applicable charges (e.g. taxes, shipping), ZERIGO HEALTH accepts BUYER’s offer to
purchase the Home Light Device and/or other Zerigo Health Products and/or Services
ordered by BUYER subject to all of the terms and
conditions set forth in this Agreement. BUYER
shall have the right to give ZERIGO HEALTH written notice of cancellation of the order at any
time before the shipment of the Home Light Device and/or other Zerigo Health Products and/or
Services ordered. AFTER THE HOME LIGHT
DEVICE AND/OR OTHER ZERIGO HEALTH PRODUCTS ORDERED BY BUYER ARE SHIPPED, ALL SALES ARE FINAL
AND NO REFUNDS OR CREDITS WILL BE GIVEN TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW. ALL
SALES APPLICABLE TO ZERIGO HEALTH SERVICES ORDERED ARE FINAL AND NO REFUNDS OR CREDITS WILL
BE GIVEN TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW.
- PAYMENT TERMS. At BUYER’s option, BUYER may make direct payment in full to ZERIGO
HEALTH (and/or ZERIGO HEALTH’s authorized agent) or alternatively, BUYER may finance the
purchase through PayPal Credit or another third party credit provider approved by ZERIGO
HEALTH. If BUYER chooses to finance the
purchase, then BUYER understands, acknowledges and agrees that BUYER will be subject to the
terms and conditions of PayPal Credit and/or another approved credit provider, including,
without limitation, (i) that one or more credit inquiries of BUYER’s credit score from one or
more credit reporting agencies may be performed which may lower BUYER’s credit score, and/or
(ii) that BUYER may have to pay finance and/or service charges. It is BUYER’s
responsibility to identify, review
and decide whether to agree to those terms and conditions before financing the purchase of the
Zerigo Health Products. BUYER acknowledges and
agrees that ZERIGO HEALTH shall not be held responsible for any acts or omissions of PayPal
Credit and/or any other credit provider.
- PRESCRIPTION REQUIRED BEFORE SHIPMENT. A VALID PRESCRIPTION MUST BE OBTAINED FROM A
LICENSED PHYSICIAN OR OTHER QUALIFIED LICENSED HEALTH CARE PROFESSIONAL IN ORDER FOR BUYER
OR THE PERSON FOR WHOM BUYER IS ACTING TO ACQUIRE AND USE THE HOME LIGHT DEVICE AND IT MAY
ONLY BE ACQUIRED AND USED IN THE UNITED STATES OF AMERICA. Within a
reasonable time after receipt
of a valid prescription and payment in full for the Home Light Device and/or other Zerigo Health
Products ordered will be shipped to BUYER. When
you receive the Home Light Device, you also receive the Zerigo Health Handheld Charger, the
Zerigo Health Safety Glasses, the Zerigo Health Sunscreen Stick, and Zerigo Health Handheld
Alcohol Wipes (hereinafter referred to as “Accessories” and included within references to the
Home Light Device below). BUYER understands and
agrees that the Home Light Device may only be used by one person in accordance with a valid
prescription and only within the United States of America or other jurisdiction in which its use
would be lawful, and BUYER agrees not to resell, lease, lend, give or otherwise transfer
ownership or possession of the Home Light Device to any other person due to the need for a valid
prescription and the potential biohazard that may result from another person’s use.
WARNING: THE HOME LIGHT DEVICE MAY BE
PURCHASED ONLY FOR PERSONAL USE BY YOU, YOUR MINOR CHILD OR THE PERSON FOR WHOM YOU ARE
ACTING, UNDER THE DIRECT CARE OF, AND PURSUANT TO A PRESCRIPTION FROM, YOUR LICENSED
PHYSICIAN AND/OR OTHER HEALTH CARE PROVIDER.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT PERMIT ANY OTHER PERSON TO USE THE HOME
LIGHT DEVICE THAT YOU PURCHASE UNLESS IT IS PURCHASED AS A GIFT AND THE RECIPIENT HAS
A VALID PRESCRIPTION AND AGREES TO THESE TERMS OF SALE. ZERIGO HEALTH DOES
NOT AUTHORIZE YOU TO
RESELL, LEASE, LEND, GIFT AND/OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF THE HOME
LIGHT DEVICE TO ANY OTHER PERSON AS USE BY ANOTHER PERSON WITHOUT A PRESCRIPTION IS
UNLAWFUL. EVEN WITH A PRESCRIPTION, USE OF
YOUR HOME LIGHT DEVICE BY ANOTHER PERSON POSES THE RISK OF EXPOSING THAT PERSON TO
BIOHAZARDS INCLUDING CONTAGIOUS DISEASES, BACTERIA, FUNGI AND VIRUSES.
- USE OF THE ZERIGO HEALTH HOME LIGHT DEVICE MOBILE APPLICATION. If you choose to
acquire and use the Home Light Device in accordance with a valid prescription received from a
licensed physician and/or other health care provider as described in the previous section, you
must have and be able to operate a smart phone or other authorized device capable of downloading
and running the Zerigo Health Home Light Device Mobile Application (hereinafter referred to as
the “Zerigo Health Mobile App”). The Home Light Device is designed to be operated and used only
in connection with the Zerigo Health Mobile App.
You agree to use the Home Light Device, the Zerigo Health Mobile App and the Home Light
System: (i) only as directed by your physician
or other health care provider in accordance with a valid prescription only for the intended
purpose for such use, and (ii) in accordance with the directions and/or instructions for use
provided to you by ZERIGO HEALTH orally or in writing in hard copy and/or electronic form by way
of the Zerigo Health Mobile App, Zerigo Health’s Websites, the Patient Guide (as described
below), email, messaging and/or other suitable means of transmission, as well as through
audiovisual tutorials. You agree to permit the
Zerigo Health’s Mobile App to access other software, functions and features of your smart phone
or other authorized device necessary and/or desirable for the operation of the Home Light Device
and/or the Home Light System, including, without limitation, the camera, the microphone, the
calendar, messaging, email, audio, video, other mobile applications and/or any other software,
function or feature. BUYER understands and acknowledges that for BUYER to be able to use the
Zerigo Health Mobile App with the Home Light Device, BUYER must agree to the Zerigo Health
and changes by ZERIGO HEALTH in its sole discretion).
currently in effect may be accessed Zerigo Health’s Website at www.zerigohealth.com.
- READING AND COMPLYING WITH THE INFORMATION IN THE ZERIGO HEALTH HOME LIGHT DEVICE PATIENT
GUIDE. After you obtain a prescription for, and when you receive, the Home Light Device,
you will receive and/or may have access to the Zerigo Health Home Light Device Patient Guide
(the “Patient Guide”). You agree to read the Patient Guide in its entirety and comply with all
of the instructions that are contained within it.
If there is anything in the Patient Guide that you do not understand, you may contact a
Zerigo Health CarePartner (as described more fully below) by phone or through the messaging
feature on the Zerigo Health Mobile App.
- (a) Contraindications. As explained in the Patient Guide, contraindications to the
use of the Home Light Device may include history of photosensitive disorder or skin cancer, or
current skin cancer. It is also important for you to talk to your physician if you have very
fair skin or a history of atypical moles. Be sure to discuss with your physician any past
history of excessive exposure to natural sunlight or phototherapy, immune lowering medications
or conditions and current use of any medications that may make you more sensitive to light.
- (b) Progress Checks and Photos When Using the Home Light Device. As more fully
explained in the Patient Guide, progress checks and photos, use of the Zerigo Health System and
the Home Light Device requires periodic Progress Checks as your feedback and photos are
important for your healing progress and for maintaining control of your condition. Your progress
is recorded and can be viewed by you, your physician and your CarePartners.
- (c) Sunburn-Like Reactions. As
more fully explained in the Patient Guide, use of the Home Light Device may result in redness,
increased itchiness and tenderness may be signs of a sunburn-like reaction and/or tanning of the
skin. The Patient Guide contains instructions for reducing the likelihood of any sunburn-like
reaction and/or tanning. Some medications and
dietary supplements combined with light therapy can increase risk of sunburn. Please notify your
physician if you are unsure about your medication(s).
ALWAYS CONSULT WITH YOUR PHYSICIAN AND/OR OTHER HEALTH CARE PROVIDER IF YOU HAVE A BURN
REACTION OF ANY TYPE OR SEVERITY.
- HOME LIGHT DEVICE WARNINGS AND CAUTIONS.
- WARNING: USE OF THE HOME LIGHT DEVICE MAY CAUSE THE SKIN TO BURN IF IT IS OVEREXPOSED. IF
AFTER USE, BLISTERS ARE VISIBLE, IT IS A SIGN OF A SECOND-DEGREE BURN AND YOU MUST REPORT IT
TO YOUR PHYSICIAN AND/OR OTHER HEALTH CARE PROVIDER IMMEDIATELY.
- WARNING: ALTHOUGH AN INCREASED INCIDENCE OF SKIN CANCER AS A RESULT OF NB-UVB HAS NOT YET
BEEN ESTABLISHED, YOU SHOULD CONSULT WITH YOUR PHYSICIAN IF YOU HAVE A HISTORY OF SKIN
CANCER TO MAKE SURE THIS IS THE RIGHT TREATMENT FOR YOU.
- WARNING: UV HAZARD – AVOID LOOKING DIRECTLY AT LIGHT.
- WARNING: BIOHAZARD – DO NOT PERMIT THE HOME LIGHT DEVICE TO BE USED BY ANYONE ELSE AS IT
COULD CAUSE EXPOSURE TO CONTAGIOUS DISEASES, BACTERIA, FUNGI AND/OR VIRUSES.
- CAUTION: THE HOME LIGHT DEVICE IS INTENDED FOR A SINGLE USER.
- CAUTION: FEDERAL LAW RESTRICTS THE HOME LIGHT DEVICE TO SALE BY OR ON THE ORDER OF A
- CAUTION: USE OF THE HOME LIGHT DEVICE OTHER THAN AS INSTRUCTED MAY RESULT IN HAZARDOUS UV
- FOLLOW THE PRESCRIBING PHYSICIAN’S INSTRUCTIONS.
- DO NOT OPERATE THE HOME LIGHT DEVICE WHILE OPERATING A VEHICLE OR ENGAGING IN ANY ACTIVITY
THAT MAY REQUIRE CONCENTRATED EFFORT.
- DO NOT USE THE HOME LIGHT DEVICE IF IT LOOKS PHYSICALLY DAMAGED OR MALFUNCTIONS.
- DO NOT OPEN OR TAMPER WITH THE HOME LIGHT DEVICE. THERE ARE NO USER-SERVICEABLE
- DO NOT GET THE HOME LIGHT DEVICE WET.
- AVOID BLOCKING THE HOME LIGHT DEVICE’S VENTS FOR EXTENDED PERIODS OF TIME.
- ALWAYS USE THE WRIST LANYARD DURING TREATMENTS TO AVOID DROPPING AND DAMAGING YOUR HOME LIGHT
- KEEP YOUR HOME LIGHT DEVICE AWAY FROM EXTREME TEMPERATURES.
- CONSENT TO USE OF ZERIGO HEALTH CAREPARTNERS. A “Zerigo Health CarePartner” is an
employee or independent contractor of ZERIGO HEALTH who trains and educates Home Light Device
users on (i) home phototherapy with the Zerigo Health System, (ii) the use of the Home Light
Device, (iii) the use of the Zerigo Health Mobile App, and (iv) the operation of the Zerigo
Health System. Zerigo Health CarePartners are
available by telephone and through electronic means to provide technical support in connection
with your use of the Home Light Device and/or the Zerigo Health Mobile App. In
addition, Zerigo Health CarePartners
encourage you to comply with the treatment plan prescribed by your physician or other health
care provider. Zerigo Health CarePartners (a) have access to Your Health Care Information and
other information about you collected and stored by ZERIGO HEALTH, (b) may collect and store
Your Health Care Information and/or other information about you provided by you, and (c) may
communicate with, collect and store such information about you received from, and/or disclose
such information to, your physician and/or other health care provider as more fully described in
discuss any questions or concerns in connection within the matters described above by way of a
toll-free telephone number posted on Zerigo Health’s Websites and/or the Zerigo Health Mobile
App or through messaging that may be available on the Zerigo Health Mobile App and/or Zerigo
Health’s Websites. You consent to Zerigo Health
CarePartners initiating contact with you at any time, including, without limitation, after you
express interest in purchasing and/or after you purchase or receive the Home Light Device and/or
install the Zerigo Health Mobile App. You also
consent to all of the functions of Zerigo Health CarePartners as described in this section, on
the Zerigo Health Mobile App, on Zerigo Health’s Websites, and/or as otherwise expressed in a
communication from ZERIGO HEALTH to you. YOU
UNDERSTAND AND ACKNOWLEDGE THAT ZERIGO HEALTH CAREPARTNERS DO NOT, CANNOT AND WILL NOT
PROVIDE ANY MEDICAL ADVICE OR MEDICAL TREATMENT AND YOU MUST ALWAYS CONSULT WITH YOUR
PHYSICIAN OR OTHER HEALTH CARE PROVIDER.
- CONSENT TO COLLECTION, STORAGE, USE AND DISCLOSURE OF YOUR HEALTH CARE INFORMATION,
PERSONALLY IDENTIFIABLE INFORMATION AND OTHER INFORMATION ABOUT YOU IN CONNECTION WITH YOUR
USE OF THE HOME LIGHT DEVICE TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW. When you
(i) visit Zerigo Health’s Websites, (ii) request and/or obtain a prescription from your
physician and/or other health care providers, (iii) download and use the Zerigo Health Mobile
App, and/or (iv) acquire and use the Home Light Device, ZERIGO HEALTH creates, collects,
receives, maintains, stores, transmits, discloses and/or uses Your Health Care Information,
personally identifiable information, and other information about you as more fully defined and
applicable law. All of this information about
you is received (a) from you through your use of Zerigo Health’s Websites, the Zerigo Health
Mobile App, the Home Light Device, photos from the camera feature on your device, and/or in
communication with Zerigo Health CarePartners, and/or other ZERIGO HEALTH employees and/or
independent contractors, and (b) from your physician and/or other health care provider as
reported through the Zerigo Health Physician Portal and to Zerigo Health CarePartners and/or
other ZERIGO HEALTH employees and/or independent contractors, as more fully described in the
On behalf of yourself, your minor child and/or
any other person or entity for whom you are acting, you consent to ZERIGO HEALTH’s creation,
collection, receipt, maintenance, storage, transmission, disclosure and/or use of Your Health
Care Information, personally identifiable information, and other information about you as
www.zerigohealth.com to the extent not prohibited by any applicable
- LIMITED WARRANTY AND WARRANTY DISCLAIMER. BUYER EXPRESSLY ACKNOWLEDGES, UNDERSTANDS
AND AGREES ON BEHALF OF BUYER AND ANY PERSON OR ENTITY FOR WHOM BUYER IS ACTING THAT (A)
ZERIGO HEALTH’S PRODUCTS, INCLUDING THE HOME LIGHT DEVICE AND ITS ACCESSORIES, ARE SUBJECT
TO A LIMITED WARRANTY IN FAVOR OF THE ORIGINAL BUYER ONLY TO BE FREE FROM MANUFACTURING
DEFECTS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF SHIPMENT, AND (B) THE SOLE AND
EXCLUSIVE REMEDY SHALL BE FOR ZERIGO HEALTH TO REPAIR OR REPLACE THE DEFECTIVE HOME LIGHT
DEVICE AND/OR OTHER ZERIGO HEALTH PRODUCT OR COMPONENT THEREOF PURCHASED BY BUYER, PROVIDED
THAT BUYER GIVES WRITTEN NOTICE TO ZERIGO HEALTH OF BUYER’S CLAIM OF DEFECT AND BUYER
COMPLIES WITH ZERIGO HEALTH’S INSTRUCTIONS FOR RETURNING THE DEFECTIVE PRODUCT TO ZERIGO
HEALTH OR ZERIGO HEALTH’S AUTHORIZED AGENT. ZERIGO HEALTH MAY OFFER BUYER THE OPPORTUNITY TO
EXTEND THE EXPIRATION DATE OF THIS LIMITED REPAIR OR REPLACEMENT WARRANTY FOR AN ADDITIONAL
FEE AS PUBLISHED ON ZERIGO HEALTH’S WEBSITE OR AS OTHERWISE COMMUNICATED IN WRITING TO
BUYER. ZERIGO HEALTH’S DETERMINATION AS TO WHETHER A MANUFACTURING DEFECT EXISTS AND IS
COVERED BY THIS LIMITED WARRANTY SHALL BE FINAL AND BINDING. IF THE FAILURE
OF OPERATION IS DEEMED BY
ZERIGO HEALTH TO BE OUTSIDE OF WARRANTY COVERAGE, ZERIGO HEALTH WILL CHARGE BUYER FOR REPAIR
OR REPLACEMENT. OTHER THAN THIS ONE YEAR
LIMITED REPAIR OR REPLACEMENT WARRANTY (AND ANY EXPIRATION EXTENSION APPROVED BY ZERIGO
HEALTH IN WRITING), THE HOME LIGHT DEVICE AND ITS ACCESSORIES ARE PURCHASED BY BUYER ONLY
“AS IS” AND “WITH ALL FAULTS.” ZERIGO
HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR TREATMENT OUTCOME, WITH RESPECT TO (A)
ZERIGO HEALTH’S WEBSITES AND/OR APPS, (B) THE HOME LIGHT DEVICE (AND THE ACCESSORIES), (C)
THE ZERIGO HEALTH MOBILE APP, (D) THE HOME LIGHT SYSTEM, (E) THE ACCURACY OF THE INFORMATION
AND/OR CONTENT ON ZERIGO HEALTH’S WEBSITES AND/OR APPS, THE ZERIGO HEALTH MOBILE APP, AND/OR
ANY OTHER WRITTEN MATERIALS OR WRITTEN OR ORAL COMMUNICATIONS, (F) THE PERFORMANCE OF THE
ZERIGO HEALTH CAREPARTNERS, AND/OR (G) ANY OTHER MEDICAL DEVICES OR OTHER PRODUCTS AND/OR
SERVICES OFFERED FOR SALE OR SOLD BY ZERIGO HEALTH, EXCEPT TO THE EXTENT THAT APPLICABLE LAW
PRECLUDES DISCLAIMER OF ANY SUCH IMPLIED WARRANTIES.
ZERIGO HEALTH HEREBY DISCLAIMS ALL EXPRESS
OR IMPLIED WARRANTIES AND GUARANTIES TO THE FULLEST EXTENT NOT PROHIBITED BY ANY APPLICABLE
LAW. ALL SALES AND PAYMENTS ARE FINAL AND
NON-REFUNDABLE TO THE FULLEST EXTENT NOT PROHIBITED BY LAW.
- LIMITATION OF LIABILITY. BUYER EXPRESSLY ACKNOWLEDGES, UNDERSTANDS AND AGREES
ON BEHALF OF BUYER AND ANY PERSON OR ENTITY FOR WHOM BUYER IS ACTING THAT, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, ZERIGO HEALTH, ITS SUBSIDIARIES, AND AFFILIATES, AND
THEIR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS,
ATTORNEYS, PARTNERS, LICENSORS AND LICENSEES WILL NOT BE RESPONSIBLE OR LIABLE TO (I) BUYER,
(II) ANY USER OF THE HOME LIGHT DEVICE (AND/OR ANY OF ITS ACCESSORIES), AND/OR (III) ANY
OTHER PERSON OR ENTITY FOR PERSONAL INJURY, DEATH, AND/OR DAMAGES OF ANY TYPE INCURRED BY
YOU, YOUR MINOR CHILD AND/OR ANY OTHER PERSON OR ENTITY BY REASON OF THE OPERATION AND/OR
USE OF THE HOME LIGHT DEVICE (AND/OR ANY ACCESSORIES), THE ZERIGO HEALTH MOBILE APP, THE
HOME LIGHT SYSTEM, AND/OR ANY OTHER ZERIGO HEALTH PRODUCTS OR SERVICES, AND/OR ANY ACTS OR
OMISSIONS OF ZERIGO HEALTH’S EMPLOYEES, AGENTS AND/OR INDEPENDENT CONTRACTORS.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED
BY LAW, ZERIGO HEALTH, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR DIRECTORS, MEMBERS,
MANAGERS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, ATTORNEYS, PARTNERS,
LICENSORS AND LICENSEES WILL NOT BE LIABLE TO ANY USERS OF ZERIGO HEALTH’S WEBSITES AND/OR
APPS, AND/OR ANY USERS OF THE HOME LIGHT DEVICE (AND/OR ACCESSORIES), THE ZERIGO HEALTH
MOBILE APP, THE HOME LIGHT SYSTEM, THE SERVICES OF ZERIGO HEALTH CAREPARTNERS, AND/OR ANY
OTHER OF ZERIGO HEALTH’S PRODUCTS OR SERVICES, FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN
IF ZERIGO HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
ALSO AGREE THAT ZERIGO HEALTH IS NOT
RESPONSIBLE FOR ANY DAMAGES OR OTHER HARM YOU, YOUR MINOR CHILD AND/OR ANY OTHER PERSON OR
ENTITY SUFFERS AS A RESULT OF (1) ANY ACTS, OMISSIONS AND/OR HEALTH CARE DECISIONS OF ANY
PHYSICIAN OR OTHER HEALTH CARE PROVIDER, AND/OR (2) THE PURCHASE OR USE OF THE HOME LIGHT
DEVICE (AND/OR ANY OF ITS ACCESSORIES), THE ZERIGO HEALTH MOBILE APP, THE HOME LIGHT SYSTEM,
THE SERVICES OF ZERIGO HEALTH CAREPARTNERS, ANY OTHER MEDICAL DEVICES AND/OR ANY OTHER
PRODUCTS OR SERVICES OFFERED BY ZERIGO HEALTH, INCLUDING, BUT NOT LIMITED TO, ANY NEGATIVE
TREATMENT OUTCOME, SIDE EFFECTS, ILLNESSES, PERSONAL INJURIES AND/OR DEATH.
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT
THERE ARE RISKS INHERENT TO THE TRANSMISSION OF PERSONAL INFORMATION AND/OR HEALTH CARE
INFORMATION ELECTRONICALLY OVER THE INTERNET AND STORED ON ANY COMPUTER, SERVER OR OTHER
ELECTRONIC MEMORY DEVICE, AND THAT ZERIGO HEALTH IS NOT RESPONSIBLE FOR ANY LOSSES,
CORRUPTION, DAMAGE, OR HARM TO YOU, YOUR INFORMATION, AND/OR YOUR CONFIDENTIALITY OR PRIVACY
RESULTING FROM ANY UNAUTHORIZED DATA BREACH.
NOTWITHSTANDING THE FOREGOING, ZERIGO HEALTH WILL ALWAYS ENDEAVOR TO USE REASONABLE
EFFORTS TO COMPLY WITH APPLICABLE FEDERAL AND STATE LAWS RELATED TO REDUCING THE RISK OF ANY
SUCH DATA BREACH. YOU ACKNOWLEDGE ON
BEHALF OF YOURSELF, YOUR MINOR CHILD AND/OR ANY PERSON OR ENTITY FOR WHOM YOU ARE ACTING
THAT IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ZERIGO HEALTH TO YOU, YOUR MINOR
CHILD, ANY PERSON FOR WHOM YOU ARE ACTING, AND ANY OTHER PERSON OR ENTITY FOR ANY CLAIM OR
CLAIMS IN THE AGGREGATE EXCEED ONE THOUSAND DOLLARS ($1,000.00) OR THE AMOUNT PAID BY YOU TO
ZERIGO HEALTH, WHICHEVER IS GREATER.
- ELECTRONIC COMMUNICATIONS AND SIGNATURES. BUYER expressly acknowledges,
understands and agrees on behalf of BUYER and any person or entity for whom buyer is acting,
that (a) BUYER’s electronic signature
(including the electronic expression of BUYER’s agreement on DocuSign or other electronic
signature service, Zerigo Health’s Websites and/or Zerigo Health Apps including the Zerigo
Health Mobile App) shall have the full force and effect of BUYER’s actual signature to the
fullest extent permitted by applicable law, and (b) all communications between BUYER and ZERIGO
HEALTH may be effectuated by electronic communications, including, without limitation text
messaging, email, and/or through written, visual or audio messages on Zerigo Health’s Websites
and/or Zerigo Health’s Apps to the fullest extent permitted by applicable law.
- GENERAL PROVISIONS.
- (a) Entire Agreement.
This Agreement, along with the Zerigo Health Home Light Therapy System Website
BUYER’S downloading of the Zerigo Health Mobile App (and as subsequently revised by ZERIGO
HEALTH), constitute the complete agreement between the Parties, and supersede all prior or
contemporaneous discussions, representations, and proposals, written or oral, with respect to
the subject matter discussed herein. ZERIGO
HEALTH may amend this Agreement at any time before shipment of any Zerigo Health Products
ordered by BUYER, and may condition shipment on BUYER’s agreement to such amended
Agreement. ZERIGO HEALTH shall not be bound by
any alleged oral amendment to this Agreement, and any amendment binding ZERIGO HEALTH must be in
writing and signed by a duly authorized representative of ZERIGO HEALTH.
Notwithstanding the foregoing, if there is any
conflict between a provision of this Agreement,
content on Zerigo Health’s Websites and/or Apps, and/or any other written communication from
Limited Repair or Replacement Warranty shall be operative for the stated duration).
- (b) Dispute Resolution. ANY
CLAIM OR CONTROVERSY ARISING OUT OF AND/OR RELATING TO THIS AGREEMENT AND/OR THE USE OF THE
HOME LIGHT DEVICE, THE ZERIGO HEALTH APP AND/OR THE HOME LIGHT SYSTEM AND ANY OTHER ZERIGO
HEALTH PRODUCTS SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION IN SAN DIEGO COUNTY,
CALIFORNIA (AND THE PARTIES IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION
THEREOF) BEFORE A SINGLE ARBITRATOR IN ACCORDANCE WITH THE AMERICAN ARBITRATION
ASSOCIATION’S CONSUMER ARBITRATION RULES THEN IN EFFECT IF THE REQUIREMENTS OF RULE R-1 ARE
SATISFIED, OR IF NOT SATISFIED, THEN UNDER ITS COMMERCIAL ARBITRATION RULES THEN IN
EFFECT. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A TRIAL IN A
COURT OF LAW BEFORE A JUDGE OR A JURY.
The arbitration hearing shall take place in San Diego, California.
All claims covered by this arbitration provision
shall be governed by the laws of the State of California, without regard to its conflict of laws
principles. Either party also may, without
waiving any remedy under this Agreement, seek any emergency relief that is necessary to protect
the rights or property of that party, pending the establishment of the arbitral tribunal,
pursuant to the American Arbitration Association’s rules applicable to emergency measures of
protection. In addition, any party shall have
the right to seek a temporary restraining order and/or preliminary injunction or other
provisional relief prior to the establishment of the arbitral tribunal in a court of competent
jurisdiction. For any judicial proceedings
permitted by this section, as well as judicial proceedings involving confirmation or vacatur of
the arbitration award, you agree on behalf of yourself (and any person or entity you are acting
on behalf of) to submit to personal jurisdiction in the State of California, and that the venue
for such proceedings shall be the United States District Court for the Southern District of
California (or if such court lacks subject matter jurisdiction, the state courts located in San
Diego County, California). Except to the extent
as may be required by law, including, without limitation, to obtain preliminary injunctive or
provisional relief or to enforce, or to seek confirmation or vacatur of, an arbitration award,
neither you, ZERIGO HEALTH, nor any arbitrator may disclose the existence, content, or results
of any arbitration hereunder without the prior written consent of the parties to the
arbitration. The prevailing party shall be
entitled to recover all of such party’s costs and reasonable attorneys’ fees incurred in the
arbitration proceedings and in any judicial proceeding contemplated in this section. To the
fullest extent permitted by applicable law, no claim or arbitration under this Agreement shall
be joined to an arbitration or court proceeding involving any other party, whether through class
arbitration proceedings or otherwise.
- (c) Applicable Law. This
Agreement is deemed to be made in San Diego County, California and shall be construed and
enforced under the laws of the State of California without regard to its conflicts of laws
- (d) Assignments. BUYER may not assign its
rights or benefits,
and/or delegate any of its duties or obligations, under this Agreement to any other person or
entity without the prior written consent of ZERIGO HEALTH, which may be withheld in ZERIGO
HEALTH’s sole discretion. Any such unauthorized
attempted assignment shall be null and void.
ZERIGO HEALTH may assign its rights and/or delegate any of its duties and obligations
hereunder to any third party in its sole discretion. This Agreement shall inure to the benefit
of, and be binding on, the parties hereto, their respective successors and permitted assigns.
- (e) Force Majeure. ZERIGO HEALTH shall not be
liable for any
alleged nonperformance of any alleged duty or obligation it may have either expressly or
impliedly under this Agreement (including any alleged implied covenant of good faith and fair
dealing), in whole or in part, as a result of any event or series of events caused by or
resulting from any of the following: (i) weather conditions or elements of nature; (ii) acts of
God; (iii) acts of war, terrorism, insurrection, riots, rebellion and/or civil disorders; (iv)
materials shortages, (v) quarantines; (vi) embargoes; (vii) labor strikes; (viii)
telecommunications, network, computer, server, storage device, hardware, software and/or
Internet disruptions, failures or downtimes; (ix) unauthorized access to Zerigo Health’s
Websites and/or Zerigo Health’s Apps and/or any telecommunications, network, computer, server,
storage device, hardware, software and/or Internet
systems operated by or on behalf of
ZERIGO HEALTH; and/or (x) any other event or occurrence beyond the reasonable control of
- (f) Severability. If any provision of this
Agreement is found void
or unenforceable, the remaining provisions shall remain valid and enforceable according to their
terms. If any remedy provided is determined to have failed for its essential purpose, all
limitations of liability set forth in this Agreement shall remain in effect.
- (g) Survivability. All of the provisions in
this Agreement shall
survive termination except the limited warranty described in Section 9.
- (h) No Independent Contractor or
Other Relationships. Nothing herein
contained shall be deemed to create any agency, joint venture, partnership, franchise,
employment, independent contractor, or physician/patient relationship between ZERIGO HEALTH and
any BUYER or other person or entity.
- (i) No Waiver or Estoppel. No failure or delay
by ZERIGO HEALTH to insist
upon the strict performance of any term or condition in this Agreement, or to exercise any
right, power or remedy hereunder or consequent upon a breach hereof shall constitute a waiver of
any such term, condition, covenant, agreement, right, power or remedy or of any such breach or
preclude ZERIGO HEALTH from exercising any such right, power or remedy at any later time or
times. No claim of promissory estoppel,
equitable estoppel and/or any other form of estoppel shall be asserted against ZERIGO HEALTH.
- (j) Notices. Notices to BUYER
shall be given by e-mail at the last known e-mail address that BUYER has provided to ZERIGO
HEALTH. If BUYER wishes to give any notice to
ZERIGO HEALTH, you should e-mail such notice to firstname.lastname@example.org. When
BUYER sends emails or other electronic
messages to us, BUYER is communicating with us electronically and consents to our review and
analysis of such messages and to receive return communications, if any, from us electronically.
BUYER agrees that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be in writing.
- (k) Headings. The Section
headings in this Agreement are for purposes of reference only.
BUYER’S CONSENT TO, AND ACCEPTANCE OF THESE TERMS OF SALE
IF THERE ARE ANY TERMS OR CONDITIONS SET FORTH ABOVE THAT YOU DO NOT AGREE TO, PLEASE CONTACT
ZERIGO HEALTH AT SUPPORT@ZERIGO HEALTHMED.COM AND DISCONTINUE YOUR USE OF ZERIGO HEALTH’S
WEBSITES AND/OR APPS.
BY ORDERING THE HOME LIGHT DEVICE AND THE ZERIGO HEALTH MOBILE APP, YOU REPRESENT AND
YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO ALL OF THE TERMS AND CONDITIONS SET FORTH
ABOVE IN THIS TERMS OF SALE, ON BEHALF OF YOURSELF, YOUR MINOR CHILD (IF APPLICABLE), AND/OR ANY
PERSON OR ENTITY FOR WHOM YOU ARE ACTING.