Terms and Conditions
Updated 3 November, 2020
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. THE SERVICE PROVIDES GENERAL HEALTH AND WELLNESS INFORMATION AND A MEANS TO INTERACT WITH PRACTITIONERS. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PRACTITIONER OR SERVICE, AND BIRTH HALO, 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 Service provides individuals accessing it with general information on health care and other general content pertaining to health and wellness topics (“Content”) and access to wellness professionals and facilities offering their services via the Service (the “Practitioners”). The Service contains certain pages, sections, services, and content that are only available to registered members of the Birth Halo services, including a means to obtain video-chat or electronic messaging consultations for a range of medical issues by facilitating the connection between you and Practitioners through use of the Service. The Practitioners who deliver services through Birth Halo’s Service are independent professionals practicing within a group of independently owned professional practices. We do not practice medicine or any other licensed profession, and do 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 Birth Halo 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.
This Service is intended for use only by persons who are at least 18 years of age. If you are under 18 years of age, do not use or access the Service at any time or in any manner. By using the Service, you affirm that you are over the age of 18. Birth Halo does not seek through this website to gather personal information from or about persons under the age of 18. Practitioners may decline to enroll a Service user if, based on the provider's professional medical judgment, the Service user is not well-suited for the program.
Birth Halo complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. Birth Halo does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.
ACCOUNTS AND REGISTRATION; SECURITY
LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED
We grant you the limited license (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) to access and make personal use of the Service. Except as expressly authorized in the preceding sentence, you may not download (other than for page caching) or modify the Service, or any portion of it, except with our express written consent. This license does not include: any resale or commercial use of the Service or the Content; or any derivative use of the Service or the Content. Neither this Service nor any portion of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of Birth Halo without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent. We (or the respective third-party owners of Content) retain all right, title, and interest in the Service and any Content and features offered on the Service, including any and all intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
INDEPENDENCE OF PRACTITIONERS
The professionals utilizing or featured on the Service are subscribers to and licensees of the Service and not employees of Birth Halo. Any opinions, advice, or information expressed by a healthcare facility, professional or specialist using or featured on the Service are of the facility, professional or specialist alone. They do not reflect the opinions of Birth Halo. Birth Halo does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Service or by a licensee of Birth Halo. The inclusion of Practitioners on the Service or in any professional directory located on the Service does not imply recommendation or endorsement of such Practitioner 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 Birth Halo disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Birth Halo 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 Service user) in reliance on information about Practitioners on the Service. The use of the Service by any entity or individual to verify the credentials of Practitioners is prohibited.
INTELLECTUAL PROPERTY RIGHTS
OUR RIGHT TO USE USER-PROVIDED CONTENT
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Birth Halo respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Birth Halo asks our users to do the same. Birth Halo therefore employs measures to prevent copyright and other intellectual property infringement on the Service. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the email@example.com. Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
● A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
● Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Service are covered by the notice, a representative list of such works;
● Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Birth Halo to locate the material;
● Information reasonably sufficient to permit Birth Halo to contact you, such as your name, address, telephone number and email address;
● A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
● A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf. Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above. We reserve the right to promptly terminate without notice the accounts of users that are determined by us to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice or has had User-Provided Content removed from the Service more than twice.
RIGHT TO MONITOR
NO BIRTH HALO EDITORIAL CONTROL OF THIRD-PARTY CONTENT; NO STATEMENT AS TO ACCURACY
To the extent that any of the Content included in the Service is provided by third-party content providers, Practitioners, or other Service users, Birth Halo has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third-party suppliers or users on the Service are those of such professional, third-party suppliers or users, respectively. Birth Halo does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Service or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Birth Halo.
LINKS TO THIRD-PARTY SITES
As you view the Service, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the Service. Certain of these linked websites may make use of Birth Halo’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from the Birth Halo. Birth Halo is not responsible for the availability or content, products, services or other materials of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Birth Halo of the organizations sponsoring such third-party websites or their products or services. Birth Halo shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Birth Halo is not responsible for the privacy practices of any other websites.
Your interactions with entities or individuals found on or through the Service, including 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 Service and disclosing personal information. You agree that Birth Halo 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 participants on the Service, or between users and any third party, you understand and agree that Birth Halo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Birth Halo, 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 Service or the features and services therein.
PAYMENTS THAT YOU MAY MAKE VIA THE SERVICE
To the extent that you purchase specific services or products via the Service, including without limitation payments to Practitioners, then (to the extent that such purchases are not paid under the terms of an applicable Enterprise Agreement), processing services for such payments on the 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 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 Service to share it and transaction information related to your use of the payment processing services provided by Stripe.
Content and other information contained on the Service is provided by Birth Halo as a convenience. Users relying on Content or other information from the Service do so at their own risk. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BIRTH HALO DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. BIRTH HALO MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. LIMITATION OF LIABILITY EXCEPT AS PROVIDED IN THE SECTION TITLED “DISPUTE RESOLUTION AND ARBITRATION,” TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIRTH HALO BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIRTH HALO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, BIRTH HALO SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BIRTH HALO NOR ANY THIRD PARTIES MENTIONED ON THE SERVICE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE.
NOTICES AND ELECTRONIC COMMUNICATIONS
ENTIRE AGREEMENT; GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS
DISPUTE RESOLUTION AND ARBITRATION GENERALLY
MODIFICATIONS TO THIS ARBITRATION PROVISION
If Birth Halo makes any future change to this arbitration provision, other than a change to Birth Halo’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Birth Halo’s address for Notice of Arbitration, in which case your account with Birth Halo will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
NO AGENCY RELATIONSHIP
NOTICE REGARDING APPLE
Birth Halo connects parents to experts whenever they need them. We curate services that holistically support new parents as they find their footing and learn to nurture their new babies.
San Clemente, CA