Welcome to Partum Health! Please carefully review these Terms of Service, which govern the provision of services by Partum Health LLC (“Partum Health” or “we”) to you (“Customer” or “you”) as of the date signed by you below (the “Effective Date”). Please note that our Website and Service Terms of Use (https://www.partumhealth.com/terms), Privacy Policy (https://www.partumhealth.com/privacy)  and Cookie Policy (https://www.partumhealth.com/cookie) govern your use of Partum Health’s website and mobile application that you may need to access and use to receive our Services (defined below). By signing these Terms of Service, you agree to the Terms of Service contained herein as well as to the Website and Service Terms of Use, Privacy Policy and Cookie Policy (collectively, the “Partum Health Policies”). All of the Partum Health Policies are incorporated herein by reference, and you must acknowledge and agree to the Partum Health Policies to become a member of Partum Health.

I. Who We Are and Our Services

Partum Health offers an education and clinical referral service for pregnant and post-partum women and families seeking information about their pregnancy, their bab(ies) and their post-partum experiences.  Partum Health does not provide medical advice, we are an education company with a referral network of licensed and/or credentialed clinicians who are experts in these subjects.  Working with recognized experts in these fields, we have gathered a wealth of information that may be helpful to soon-to-be and new mothers concerning all aspects of their pregnancy and post-partum experiences.  We have also built an industry-leading referral network of local clinicians who are committed to supporting pregnant and post-partum women.

With our industry leading, privacy-protected technology, including video and text platforms, we offer you instant communication and feedback from our education professionals, and a coordination and referral service to clinicians who are focused on caring for women and their babies during pregnancy and post-partum times.  Should you decide to become a Partum Health member, we will answer your questions, send you relevant educational materials and help you coordinate care that you direct. All, of course, in confidence. We refer to all of the above as our “Services” throughout these Terms of Service.

PARTUM HEALTH PROVIDES GENERAL HEALTH AND WELLNESS INFORMATION AND A MEANS TO INTERACT WITH PRACTITIONERS. THEY DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PRACTITIONER OR SERVICE, AND PARTUM HEALTH, ITSELF, DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS OR TREATMENT. NONE OF THE CONTENT SHOULD BE CONSIDERED MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. DO NOT USE THE PARTUM HEALTH PLATFORMS OR SERVICES FOR EMERGENCY MEDICAL NEEDS.

II.  Modifications to Partum Health’s Services

Partum Health reserves the right to modify, suspend or discontinue, temporarily or permanently, any of its educational or referral services with or without notice. You agree that Partum Health will not be liable to you or to any third party for any modification, suspension or discontinuance of its Services.

III. Registration and Services Agreement

Portions of our Services can be accessed and viewed without a Partum Health account or payment of a fee.  We may require you to open an account to access certain features on our mobile application (the “App”) or website. Such features may include registering for classes, curriculums, trainings, workshops, seminars, or events and using Partum Health’s listings, message boards, discussion boards, or other forums. We offer these services on the opening of a member account for a special introductory membership fee of $59 (the “Membership Fee”). When you become a Partum Health member (“PH Member”), we will give you immediate access to our education resources and coordinate appointments with your expert care team. You will also have access to our website and App and may be granted access to other platforms owned, licensed by, controlled or operated by Partum Health (“Partum Health Platforms”). Your execution of these Terms of Service and payment of the Membership Fee are required for you to become a PH Member.

When registering to become a PH Member, you agree to provide Partum Health with accurate, truthful, complete, and updated information. Failure to do so shall constitute a breach of these Terms of Use, which may result in suspension or cancelation of the Services, your membership, your account and/or your denial from such events or features. We, in our sole discretion, reserve the right to refuse, suspend or cancel registration.

When you open an account to use or access Partum Health’s Services, you may be asked to provide a user name, password, payment information, your name, telephone number(s), email and/or street address, your profession and other personally identifiable information (“Registration Data”). You agree that we may store, share and use any Registration Data you provide as described in our Privacy Policy. We may require you to periodically change your password.

To access Partum Health’s Services, you will be required to register an account with our HIPAA-compliant App provided by a third-party provider.  In order to register, you may be required to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current and complete. You agree that all information you provide to register with this App or otherwise, including but not limited to through the use of any interactive features on the App, is governed by Partum Health’s Privacy Policy and the privacy policy of our third-party application provider which can be found here: http://www.ohmd.com/privacy. In using the App, you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, 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 the App or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  If you believe that your account is no longer secure, then you must immediately notify us at support@Partum.com. You should use particular caution when accessing your account from a public or shared computer.

You further agree that Partum Health shall not be liable for any loss or damage arising out of, or related to, your use of your User ID by you or by any other party, either with or without your knowledge. You may be held liable for any losses incurred by Partum Health, including its subsidiaries, entities owned, related to or controlled by Partum Health, its employees, staff, officers, directors, consultants, agents, suppliers, contractors, and representatives, due to someone else’s use of your User ID.  

Partum Health has the right to deny or restrict access its Services, website and App and/or disable any User ID, password or other identifier, whether chosen by you or provided by Partum Health, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms or Service or any other Partum Health Policies as they exist at any point in time.

IV. Third Party Content

The Partum Health Platforms may contain links or references to other Internet sites or products or services of third parties over whom we or our affiliates have no control (“Third Party Content”). Third Party Content may include information related to books, lessons, workshops, seminars, programs, tours, conferences, trainings, classes, events, consultations, ideas, comments, advice, products, and services. Such information is made available through or in Partum Health Platforms solely for informational purposes.

Partum Health does not verify, and is not responsible for, the accuracy, authenticity, appropriateness, completeness, reliability, safety, or privacy practices of Third Party Content. Partum Health makes no representation concerning, and is under no obligation to prevent, the downloading, distribution, linking to, or re-posting of Third Party Content. Inclusion of, linking to, or permitting the use of any Third Party Content does not imply our approval, sponsorship, or endorsement thereof. Partum Health does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.

Partum Health will not in any manner be liable for or responsible for any loss or damages that may arise from your dealings or interaction with third parties, including your use or reliance on any Third Party Content found on any Partum Health Platforms. You expressly waive and forever release any and all claims you may have against Partum Health and release Partum Health from any and all liability arising from or related to the Third Party Content, whether or not authorized by Partum Health.

V. Prohibited Use of the Services and Partum Health Platforms

You agree to not use the Services or any Partum Health Platforms in the following ways:

(1)    for any purpose that is unlawful or prohibited by these Terms of Service or any other Partum Health Policies;

(2)    to conduct yourself in any way that may be construed as threatening, harmful, abusive, harassing, stalking, defamatory, libelous, vulgar, profane, obscene, offensive, objectionable, pornographic, obscene, unlawful, illegal, fraudulent, tortuous, giving rise to civil or criminal liability, invasive or in violation of another's right of privacy or publicity, hateful, bigoted, racially or ethnically offensive, in violation of an applicable local, national or international law, including but not limited to laws related to copyrights, trademarks, patents, or trade secrets, or otherwise objectionable as determined by Partum Health in its sole discretion;

(3)    to promote information that is known to be, inaccurate, misleading, or false;

(4)    in any way that the intellectual property or other rights of Partum Health or any third party;

(5)    to advertise or otherwise solicit funds, goods, or services, such as through contests, sweepstakes, barter, pyramid schemes, or other form of unauthorized advertising or commerce, without our prior written consent;

(6)    to express or imply that any statements you make are endorsed by Partum Health without our specific prior written consent;

(7)    to send unsolicited email or other communications, including, without limitation, junk mail, spam, and chain letters;

(8)    for any commercial purpose not expressly approved in advance and in writing by Partum Health;

(9)    in a manner that could damage, disable, overburden, or impair our (or our third party providers’) server or the networks connected to our server;

(10) to collect or harvest any information about other users or to attempt to gain unauthorized access to accounts, computer systems, or networks associated with any Partum Health’s servers, data not intended for you, or otherwise violate any security features of any Partum Health Platforms, through hacking, password mining, or any other means;

(11) to distribute or facilitate the distribution of viruses, corrupted data, Trojan horses, bots, keystroke loggers, worms, time bombs, cancelbots or other computer programming routines or computer code that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, obtain unauthorized access to, scrape or expropriate any system, software, data or personal information;

(12) to attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by Partum Health in providing this Site; and

(13) adversely affect the enjoyment and availability of Site resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text), or excessively large embedded images).

Any violation of the above may subject you to civil and/or criminal liability.

VI. Feedback Submission

We welcome your feedback regarding Partum Health and its Services. However, any comments, notes, reviews, ideas, suggestions, concepts, services, features, programs, products, software, applications, tools, or other communications (“Feedback”) sent to Partum Health is hereby assigned to Partum Health and shall be and remain the exclusive property of Partum Health. Your submission of any such Feedback shall constitute an assignment to Partum Health of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback. Partum Health will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction, without attributing the Feedback to you, and without compensating you in any way. Partum Health is under no obligation to keep your Feedback confidential or to otherwise protect your Feedback.  

For this reason, we ask that you not send us any Feedback that you do not wish to assign to us, including any confidential or proprietary information or any original creative materials such as stories, product ideas, computer code, or artwork.

VII. Limitations of Liability

You acknowledge that your use of THE SERVICES AND ANY PARTUM HEALTH PLATFORM is at your sole risk, and that we will not be held liable in any way. Under no circumstance and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise, shall PARTUM HEALTH or any of its employees, staff, directors, officers, consultants, agents, suppliers, contractors, or representatives be liable to you or any other person for any direct, indirect, general, special, incidental, compensatory, consequential, or exemplary damages, injury, or losses of any nature arising out of or in connection with the use of this Site. This includes, but is not limited to, bodily injury, emotional distress, damages for loss of profits, goodwill, use, data, personal property, or other intangible losses, accuracy of results, computer failure or malfunction, even if an authorized representative of PARTUM HEALTH has been advised of, or should have known, the possibility of such damages, resulting from (i) the use of, or the inability to use, the services or any partum health platform, (II) your communications or dealings with other users of the services or any partum health platforms (Iii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into through this Site, (iV) unauthorized access to or alteration of your data transmissions, (v) statements, representations, or conduct of any third party using the services or any partum health platforms, or (vI) any other matter relating to the services or any partum health platforms.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

VIII. Disclaimer of Warranty

This Service and the partum health platforms are provided to you on an “as is” and “as available” basis. We disclaim all warranties and representations of any kind, either express or implied, including but not limited to warranties of merchantability, title, fitness for a particular purpose, custom, trade, quiet enjoyment, system integration, freedom from computer virus, and non-infringement of rights. We make no warranty or representation that any part of the services or the partum health platforms will be uninterrupted, error-free, virus-free, safe to download, timely, secure, accurate, complete, adequate, useful, reliable, physically safe, or of any quality or that the defects will be corrected. PARTUM HEALTH MAKES NO WARRANTY THAT (i) ANY PART OF the services or the partum health platforms WILL MEET YOUR REQUIREMENTS; (ii) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, REFERRAL OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH the services or the partum health platforms WILL MEET YOUR EXPECTATIONS; AND (III) ANY OUTCOMES OR TESTIMONIALS LISTED ON OUR SITE ARE ACCURATE AND RELIABLE.

IX. Medical Disclaimer

The Services and the Partum Health Platforms are an informational and educational resource for consumers and healthcare providers. You understand and agree that Partum Health does not provide professional advice of any kind, and the Services are not intended to be a substitute for professional medical diagnosis, treatment, or advice, or a medical examination provided by a physician or other medical provider. You should not use the information provided on the Partum Health Platforms for diagnosing a health problem or disease. Never disregard professional medical advice or delay in seeking it because of information you have read on Partum Health Platforms or received from Partum Health.

Partum Health does not recommend or endorse any specific test, physician, product, procedure, opinion, or other information that may be mentioned on the Partum Health Platforms. If you have any question regarding a medical condition or health situation, seek the advice of your physician, mental health provider, and other qualified health-care professionals. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with Partum Health or the Partum Health Platforms is solely at your own discretion and risk.

You acknowledge that although some content may be provided on the Partum Health Platforms by healthcare professionals, the provision of such content does not create a medical professional/patient relationship.  This is true whether such content is provided by or through the use of the Services or through any other communications from Partum Health.

X. Independence of Practitioners

By enrolling as PH Member, you may gain access to communication services, and in-person and/or telehealth services from licensed Practitioners. Practitioners are third-party providers of services and are not employees of Partum Health. Any opinions, advice, or information expressed by a Practitioner (professionals or specialists using or featured on the Service) are of the Practitioner alone. They do not reflect the opinions of Partum Health. Partum Health does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned by Practitioner or other third-party providers on the Service, or through any Partum Health Platforms. The inclusion of Practitioners in connection with the provision of the Services and/or on any Partum Health Platforms does not imply recommendation or endorsement of such Practitioner by Partum Health nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Practitioner contained therein. Such information is provided on an “as-is” basis, and Partum Health disclaims all warranties, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for particular purpose. Partum Health shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any user of the Partum Health Platforms) in reliance on information about Practitioners on Partum Health Platforms. Use of the Services or any Partum Health Platforms by any entity or individual to verify the credentials of Practitioners is prohibited.

XI.  No Professional Advice

Any information contained or made by Partum Health or made available through the Partum Health Platforms does not replace or substitute for the services of trained professional. For instance, medical financial, psychological or legal matters are not intended to be helped or solved on the Partum Health Platforms or through the Services provided by Partum Health.

You are responsible for choosing your own healthcare provider, including without limitation, determining whether the applicable healthcare provider is suitable for your healthcare needs based on specialty, experience, qualification, licenses and other important facts and circumstances that could impact your care.

Some healthcare providers listed through the Partum Health Platforms enter into contracts with Partum Health, and may pay Partum Health a fee in order to be marketed through or to use the Partum Health Platforms. To help you find healthcare providers who may be suitable for your needs, and enable the maximum choice and diversity of healthcare providers participating in the services, we will provide you with lists and/or profiles of healthcare providers. These results are based on information that you provide to us, such as insurance information, geographical location, and healthcare specialty.  Note that we (a) do not recommend or endorse any healthcare providers, (b) do not make any representations or warranties with respect to these healthcare providers or the quality of the healthcare services they may provide, and (c) do not receive any additional fees from healthcare providers for featuring them (i.e., higher or better placement on lists) through the Partum Health Platforms.

XII. Indemnification

You agree to indemnify, defend, and hold harmless PARTUM HEALTH and any other party involved in creating, producing, delivering, or maintaining the partum health platforms and each of their respective owners, representatives, subsidiaries, affiliates, officers, directors, employees, agents, shareholders, contractors, advertisers, partners, related parties, licensors, licensees, suppliers, and co-branders from and against all claims, demands, damages, costs, losses, and expenses, including attorneys’ fees, arising out of or related to (i) your use of the services or the partum health platforms, (ii) your breach of these Terms of Use, or (iii) any claim that User Content or third party content, or any reliance thereoN, caused damage to you or a third party.

XIII. Use License

Permission is granted to temporarily download one copy of the content (information or software) on the Partum Health Platforms for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: (1) modify or copy the content; (2) remove any copyright or other proprietary notations from the content; (3) use the content for any commercial purpose; (4) publish, publicly display, or otherwise distribute the content, including, but not limited to, via the Internet, any social media platform or network, or any intranet or extranet side, for any commercial or non-commercial purpose; (5) attempt to decompile or reverse engineer any software contained on this Site; (6) use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain the content; (7) transfer the content to another person or “mirror” the materials on any other server. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading.

This license shall automatically terminate if you violate any of these restrictions. We reserve the right to suspend or deny at any time, in our sole discretion, your access to all or any portion of the Services or any Partum Health Platform.

XIV.  Intellectual Property

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services and any other Partum Health Platforms are copyrights, patents, trademarks, trade dress and/or other intellectual property (registered or unregistered) owned, controlled, or licensed by Partum Health or by third parties who have licensed their materials to Partum Health (“Partum Health Content”). The Partum Health Content, includes, but is not limited to, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing. The Partum Health Content is the property of Partum Health and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You may not reproduce or use Partum Health Content without the prior written permission of Partum Health. You agree not to download, display or use any Partum Health Content located on the Partum Health Platforms or that you otherwise receive from Partum Health for any purpose, in connection with products or services that are not those of Partum Health, and in any other manner that is likely to cause confusion among consumers, that disparages or discredits Partum Health and/or its licensors, that dilutes the strength of Partum Health’s or its licensor's property, or that otherwise infringes Partum Health’s or its licensors’ intellectual property rights. You further agree that you will not misuse any Partum Health Content that appears on Partum Health Platforms or that you otherwise receive from Partum Health in any other way. Nothing contained the Partum Health Platforms or otherwise published by Partum Health should be understood as granting you a license to use any Partum Health Content or any intellectual property owned by any third party.

If you believe that your intellectual property has been used in any way that could be considered a violation of your intellectual property rights, please contact us in writing at support@partumhealth.com. You agree that, in the event we receive a written demand from a third party alleging that any user content that appears on the Partum Health Platforms infringes upon, dilutes, tarnishes or otherwise violates its intellectual property or other rights, we may in our sole discretion, remove or disable access to such user content. In an effort to protect the rights of intellectual property owners, we maintain a policy for the termination, in appropriate circumstances, of our Services and/or access to Partum Health Platforms of anyone who infringe or otherwise violate the intellectual property or other rights of Partum Health or third parties.

XV.  Reservation of Rights

All rights not expressly granted herein are reserved to Partum Health and its licensors. The use of Partum Health’s property requires our prior written consent. By making the Services and the Partum Health Platforms available to you, we are not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Services or the Partum Health Platforms without our prior written consent.

XVI. Term of Agreement

Your membership with Partum Health will be initiated at the time that you complete the steps of signing these Terms of Service and paying the Membership Fee to Partum Health. Your membership with Partum Health will terminate twelve (12) weeks after the date on which your baby is born (the “Birth Date”), and you agree to provide the Birth Date to Partum Health within a reasonable time after birth. Thereafter, to reinstitute your membership, you will need to re-execute Terms of Service and pay an additional Membership Fee of $50 for each additional month of support.

XVII. Termination and Investigation

Partum Health reserves the right to suspend or terminate your use of the Services or any Partum Health Platforms. You agree that Partum Health or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses the Services or any Partum Health Platforms. Partum Health does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Partum Health reserves the right to suspend or terminate your account and/or your access to the Services and/or any Partum Health Platforms immediately, with or without notice to you, and without liability to you, if Partum Health believes that you have violated any of the Terms of Use or any other Partum Health Platforms, furnished Partum Health with false or misleading information, or interfered with the use of the Service or any Partum Health Platforms by others.

YOU WAIVE AND HOLD HARMLESS PARTUM HEALTH FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PARTUM HEALTH DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PARTUM HEALTH OR LAW ENFORCEMENT AUTHORITIES.

XVIII. Accuracy and Completeness

Although every effort is made to ensure the accuracy of published information by Partum Health or on the Partum Health Platforms, you understand that the materials published by Partum Health or appearing on the Partum Health Platforms could inadvertently contain technical, typographical, or photographic errors or may expose you to content that you find undesirable, objectionable, or offensive. Neither Partum Health nor any author or supplier contributing to the content, the Services or the Partum Health Platforms is responsible to you in any way for any content displayed or communicated to you through the Services or through any Partum Health Platforms, or for any error, revision, or omission in any information provided or the results obtained from your use of such information.

Partum Health may make changes to the materials that are published or distributed in connection with the Services or contained on the Partum Health Platforms at any time without notice. While we will make every effort to keep the content that is published or distributed in connection with the Services on the Partum Health Platforms current, we do not guarantee it is the most up to date information available. Accordingly, you should verify all information before relying on it, and all decisions based on information published or distributed in connection with the Services or contained on the Partum Health Platforms are your sole responsibility and Partum Health shall have no liability for such decisions. If you need specific details about any information contained published or distributed in connection with the Services or contained on the Partum Health Platforms and/or for up-to-the-minute information on curriculum changes, contact information, and any other information regarding Partum Health, its operations, programs, and offers, you should contact us at support@partumhealth.com.

XIX. Payment Terms

You agree to pay fifty-nine dollars ($59) to join our Service and become a PH Member (the “Membership Fee”). Membership fee includes first month subscription to our Service. For every subsequent month you engage in our Service you agree to pay nineteen dollars ($19) to remain a PH Member (the “Subscription Fee”). The Membership Fee and Subscription Fee will be will be paid via electronic invoice delivered by email from our third party billing processor Square. Payments are due 30 days from receipt of invoice.  Once you enroll in the Service, you will sign and return these Terms of Service via our secure platform.

The Membership Fee and Subscription fee is solely to access the Services offered by Partum Health and do not include any additional fees to receive the services of any Practitioners or other third-party service providers on the Partum Health Platforms. The fees to receive the services of those Practitioners or other third-party service providers (“Third-Party Services”) are determined by those parties and payable directly to those third parties (“Third-Party Payments”). Partum Health cannot and does not advise as to whether any Third-Party Payments are reimbursable by any insurance policy or the like, and you are solely responsible for obtaining any such information directly from your insurance provider. You acknowledge and agree that you are solely responsible for all Third-Party Payments owed to any Practitioners or other third-party service providers that arise from your use and/or engagement of Third-Party Services and/or that is facilitated by any Partum Health Platform. You shall have no recourse against Partum Health for any payments owned to such Practitioners or other third-party service providers. Partum Health expressly disclaims any and all liability for any payments to Practitioners or other third-party service providers for Third-Party Services that you receive through and/or that are facilitated by the Partum Health Platforms.

XX.          Governing Law and Jurisdiction

           These Terms shall be governed by and construed under the laws of the State of Illinois, without regard for conflicts of law principles. These Terms will be governed by and construed in accordance with the laws of the state of Illinois without regard to conflicts of laws principles. By using the Services and/or any Partum Health Platform, you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms of Service will be the subject of binding arbitration in Chicago, Illinois and pursuant to Paragraph XXIV below. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED TO THIS SITE, THE APP, THE SERVICE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

XXI. Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an account with us or use the Services or any Partum Health Platform. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Services or any Partum Health Platform only under the supervision of your parent or guardian who has agreed to these Terms of Service. Those under the age of 13 may not use the Services or any Partum Health Platform. Parents or legal guardians of a child under the age of 18 may use Services and/or any Partum Health Platform on behalf of such minor child. By using the Services or any Partum Health Platform on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in these Terms of Use to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms of Service and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.

XXII.  Relationship of the Parties

The relationship between the parties to these Terms of Service is and shall be that of independent contractors. The parties expressly acknowledge that nothing in these Terms of Service shall be construed to create or imply a partnership, joint venture, agency relationship or contract of employment. Neither party shall have the authority to make any statement, representation nor commitment of any kind, or to take any action that shall be binding on the other party except as authorized in writing by the party to be bound.

XXIII. Severability/Waiver

If any provision of these Terms of Service is found to be invalid, void, unlawful, or for any reason unenforceable by any court having competent jurisdiction, then the provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. The paragrpah headings used herein are for convenience only and shall not affect the interpretation of these Terms of Service.

The failure of either party to assert any right under these Terms of Service will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such terms and condition or any other term or condition. Neither the course of conduct between the parties nor trade practice shall act to modify the Terms of Service.

XXIV. Binding Arbitration

You and Partum Health agree that any controversy or claim arising out of or relating to the Services and/or any Partum Health Platform and your use thereof, these Terms of Service and/or any Partum Health Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Partum Health shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN. YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT OT A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE, THE APP OR THE SERVICE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISION.

XXV. Statute of Limitations

You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Services or any Partum Health Platform must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation.

XXVI. Assignment

Partum Health may assign our rights and obligations under these Terms of Service without notice to one or more third parties. In this event, Partum Health will be relieved of any further obligation. You may not assign these Terms of Service without Partum Health’s prior written consent.

XXVII. Privacy Policy

Partum Health respects the privacy of its users. By using the Services, using any Partum Health Platform or otherwise providing information to Partum Health, you agree to our Privacy Policy, incorporated herein by reference, (as such policy may be updated from time to time), which governs your use of the Partum Health Platforms, and explains our policies for the collection, use and sharing of personally identifiable information.

XXVIII. Force Majure

The failure of Partum Health to comply with these Terms of Service because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial/territorial, or local governmental authorities, epidemics, pandemics, outbreak of communicable disease, quarantines, national or regional emergencies, COVID-19, or for any other reason beyond the reasonable control of Partum Health, shall not be deemed a breach of these Terms of Service.

XXIX. Survival

All provisions dealing with dispute resolution and/or any enforcement of these Terms of Service shall survive termination of these Terms of Service.

XXX. Headings

The headings contained in these Terms of Service are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Service.

XXXI. Severability

If any term or other provision of these Terms of Service is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of these Terms of Service shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner adverse to any party.

XXXII. Mutual Negotiation

The parties expressly agree that should any dispute arise concerning these Terms of Service, such these Terms of Service shall not be construed or interpreted for or against any party as the drafter.  

XXXIII. Authority to Sign

You acknowledge, represent, and warrant that you are over the age of 18 and have the legal authority to enter into these Terms of Service on behalf of Customer.

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