Effective Date: October 8, 2020
Scope, Overview and Critical Disclaimers
Partum Health’s website (the “Site”), located at www.PartumHealth.com, Partum Health’s mobile application (the “App”) and offering and provision of Services (defined below) through the Site and/or App, are subject to these Terms of Service (“Terms”). Please read these Terms carefully before using the Service. In these Terms, “you” and “yours” refer to the person using the Service. The Service is owned or controlled by Partum Health. The Service is intended for and applicable only for users age eighteen and older. If you are under eighteen years of age, you may not use this Site, the App or the Service. By accessing the Site, the App or the Service in any way, including, without limitation, browsing this Site, using the App and/or using any services, and/or submitting information to Partum Health, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, including but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law. If you do not agree with these Terms, do not use the Site, the App or the Service. If you are a customer or provider that has contracted with Partum Health for the receipt or provisions of certain services (the “Service”), your agreement with Partum Health will apply to that relationship.
From time to time, we may update this Site, the App, the Services and these Terms. Your use of this Site, the App or the Services after we post any changes to these Terms constitutes your agreement to those changes effective immediately and prospectively from the date of such changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Partum Health may, in its sole discretion, and at any time, discontinue this Site, the App or the Service or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site, the App or any content contained thereon and that Partum Health will have no liability to you if this Site, the App or the Services are discontinued, or if your ability to access the Site, the App, the Services or any content you may have posted on the Site or the App is terminated or deleted.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
THE SITE AND APP PROVIDE 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.
The Site, App and Service provide individuals accessing them with personal healthcare navigation services, access to general information on healthcare and other general content pertaining to health and wellness topics, communication services form health and wellness educators, and communication services and access to clinical professionals and facilities offering their services (the “Practitioners”) via the App (these offerings are collectively termed the “Content”). The Site and App contain certain Content that is only available to registered members of the Partum Health Services, including a means to obtain in person, video-chat or electronic messaging consultations for a range of medical issues by facilitating the connection between you and Practitioners through use of the Site and App after you contract with Partum Health to receive the Service. The Practitioners who deliver services through Partum Health’s Site and App and through the Service offered by Partum Health are independent professionals practicing within their own independently owned professional practices or within a group of independently owned professional practices. Partum Health does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Practitioners, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Partum Health nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Practitioner via the Services or via the Site and App.
The Site, App and Service are intended for use only by persons who are at least 13 years of age; provided that, for an individual who is between the age of 13 and 18, a parent or legal guardian accepts these Terms on his or her behalf and/or contracts with Partum Health for the Services on his or her behalf. If you are under 13 years of age, do not use or access the Site, App or Service at any time or in any manner. By using the Site, App and/or Service, you affirm that you are over the age of 13. Partum Health does not seek through the Site or App to gather personal information from or about persons under the age of 13.
Partum Health complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. Partum Health does not exclude people or treat them differently, including, but not limited to, related to use of the Site, App or Services, because of race, color, national origin, age, disability, or sex.
Membership and Registration
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 this 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.
Partum Health has the right to deny or restrict access to the Site, App or Services and/or disable any username, 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.
Partum Health Content
Content on this Site, and/or the App that is provided by Partum Health or its licensors through the Service, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“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 agree not to download, display or use any Partum Health Content located on the Site and/or the App 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 this Site and/or the App in any other way.
If you are a trademark or copyright owner and you believe that your rights have been violated, please contact us at email@example.com.
Use of the Site and Service
The following requirements apply to your use of the Site, App and the Service:
Independence of Practitioners
By enrolling as a member in Partum Health’s Service, 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 the Site or App. The inclusion of Practitioners on the Site, App or in connection with the provision of the Service 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 Site, App or Service) in reliance on information about Practitioners on the Site, App or Service. The use of the Site, App or Service by any entity or individual to verify the credentials of Practitioners is prohibited.
You agree to indemnify and hold Partum Health, its officers, employees, and Service contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms or any violations thereof by your dependents or which arises from the use of any Content you submitted, posted, or otherwise provided to Partum Health or this Site.
Representations and Limitations of Liability
To the extent permitted by applicable law, Partum Health makes no representations about the reliability of the features of this Site, the App, the Service, the Content, or any other feature of the foregoing, and disclaims all liability in the event of any failure of the Site, App, Service, Content or any feature thereof. You acknowledge that any reliance on such material or systems will be at your own risk. Partum Health makes no representations regarding the amount of time that any Content will be preserved.
You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Partum Health without the prior review and written approval of Partum Health.
THE SITE, APP AND SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE, THE APP OR ANY SERVICE OFFERED BY PARTUM HEALTH INCLUDING THROUGH THE SITE OR APP OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PARTUM HEALTH (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, APP, SERVICE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, NOR SHALL PARTUM HEALTH BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PARTUM HEALTH’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL PARTUM HEALTH OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, APP, OR SERVICE EVEN IF PARTUM HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Hyperlinks and Third Parties
Your interactions with entities or individuals found on or through the Site, App or Service, including, but not limited to, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site, App or Service and disclosing personal information.
You agree that Partum Health shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users/customers/participants on the Site, App or Service, or between users/customers/participants and any third party, you understand and agree that Partum Health is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby fully and forever release Partum Health, including, but not limited to, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Site, App or Service or the features and services therein.
Payments made via the Service
To the extent that you purchase specific services or products via the Site, App or Service, processing services for such payments on the Site, App or Service are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Site, App or Service enabling payment processing services through Stripe, you agree to provide the Service accurate and complete information about you and your business, and you authorize the Site, App or Service to share it and transaction information related to your use of the payment processing services provided by Stripe.
Suspension and Termination
The Site and the Service is controlled and operated by Partum Health from within the United States, and is not intended to subject Partum Health to the laws or jurisdiction of any country other than that of the United States. We may limit the availability of the Site, App and the Service in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. 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 this Site, the App and the Service you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms will be brought exclusively before, the courts located in Cook County, Illinois. 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.
Although we intend to provide accurate and timely information on the Site, the App and/or through the Service, the Site, the App and/or Service may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. The information published on the Site, the App and/or through the Service is provided as a convenience to our customers and is provided for informational or transactional purposes only. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site, the App and the Service are your sole responsibility and we shall have no liability for such decisions. If you need specific details about any information contained in our Site, the App or the Service you should contact us at firstname.lastname@example.org.
This Site, the App and the Service is continually under development, and Partum Health reserves the right to revise or remove any part of these Terms in its sole discretion at any time and without prior notice to you (however, Partum Health will endeavor to provide you with prior notice of any material changes). Any changes to these Terms are effective upon posting to the Site or the App. Unless otherwise indicated, any new Content added to the Site, the App or the Service is also subject to these Terms upon posting to the Site or App. Your continued use after a change has been posted constitutes your acceptance of the changes.
Notices and Electronic Communications
When you visit the Site, the App or Service or send emails to us, you are communicating with us electronically. If you consent, we may send to you any privacy or other notices, disclosures or communications regarding the Site, the App or the Service (collectively, “Communications”) through electronic means, including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Site, App or Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications through SMS text message by replying “STOP” or by emailing us at support@Partumhealth.com.
Your Relationship With Partum Health
Both you and Partum Health acknowledge and agree that no partnership is formed and neither you nor Partum Health has the power or the authority to obligate or bind the other.
You will not assign (including without limitation by operation of law, change of control, or otherwise) your rights or licenses to the Service provided under these Terms, either in whole or in part, without the prior written consent of Partum Health, and any attempted assignment contrary to the foregoing will be void and have no effect. To the extent that you allow a third party to use your device, or access your account, you shall remain solely responsible for the use of the Site, the App or Service by others using the device or accessing your account. We may assign all or a portion of our rights under these Terms without notice to or consent from you.
The failure of Partum Health to comply with these Terms 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.
These Terms shall survive the termination or expiration of this Agreement.
These Terms constitute a binding agreement between you and Partum Health, and are accepted by you upon your use of the Site, App and/or Service or your account. These Terms constitute the entire agreement between you and Partum Health regarding the use of the Site and App and your account. The App is offered by a third-party application provider (OhMD), and separate terms published by that provider govern use of the App and constitute an agreement between you and the App provider. By using the Site, App and Service, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms. To enroll in the Service or act as a provider of Services, you will be required to enter into a separate agreement with Partum Health. That agreement governs the terms of your relationship with Partum Health with respect to the receipt or provision of Services.
If you have any questions or concerns about these Terms, please contact us at support@Partumhealth.com or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.