Last Updated and Effective: December 1, 2023
1. YOUR ACCEPTANCE
By using and/or visiting the Service, the person or entity using the Service (“You”) signify (a) that You have read and understood these TOU, (b) that You consent to the Parthen Notice of Privacy Practices below.; and (c) that these TOU have the same force and effect as a signed agreement. The Service is provided by Parthen, with offices at 308 W. Devitt Drive, Sioux Falls, SD 57108, USA.
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these TOU, and to abide by and comply with these TOU. In addition, You affirm that You have not been previously suspended or removed from the Service.
ATTENTION: PLEASE READ THESE TOU AND OUR NOTICE OF PRIVACY PRACTICES BELOW CAREFULLY BEFORE USING THE SERVICE. ACCESSING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TOU AND RELATED POLICIES IN FULL. IF YOU DO NOT ACCEPT THE TOU AND RELATED POLICIES, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THE SERVICE AND LEAVE THE SERVICE IMMEDIATELY.
We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service. YOU AGREE THAT PARTHEN SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these TOU.
BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TOU. We may change these TOU at any time. Please review the TOU each time You visit the Service. If We have any material changes to the TOU We will update this page.
These TOU include a disclaimer of warranties, a limitation of liability, a class action waiver, as well as a release and indemnification by You, in Sections 1, 4, 5, 10, 11, 12, 14-17, and 21. Please review those sections (and all other terms) carefully.
2. NOTICE OF PRIVACY PRACTICES
Our Notice of Privacy Practices describes the information Parthen collects when You and others use the Service. It also describes how Parthen uses and shares any personal information You share with it. By agreeing to these TOU, You are also consenting to Our collection, use, and sharing of Your personal information in accordance with Our Notice of Privacy Practices. Please see below to review Our Notice of Privacy Practices.
3. NOT MEDICAL ADVICE
Parthen’s Service is not, and is not meant to be, a substitute for medical advice or consultations with Your oncologist or other medical professionals. Your use of the Service does not create a treating clinician -patient relationship between You and any of our professionals. WE DO NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT.
4. USER SUBMISSIONS
You may submit feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications You transmit, upload, or post to the Service (“User Submissions”) on the Service. By submitting any such materials to the Service, You represent and warrant that You will not submit or post material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Parthen all of the license rights granted herein. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your posting or submitting User Submissions. PARTHEN EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS.
You further represent and warrant that You have the permission of any individuals depicted in photographs, videos, or recordings that You submit to the Service to use their likeness and/or voice, as well as all other legal rights necessary to grant the license below to Parthen.
If You submit any User Submissions to the Service, You hereby grant a non-exclusive, royalty-free, worldwide, transferable, perpetual right and license to Parthen, its affiliates, and its successors and assigns to use, reproduce, distribute, display, transmit, publish, modify, edit, and/or create derivative works from the User Submissions in any format, including, without limitation, coding or watermarking such User Submissions, provided in any medium, forum, or format, for any purpose of Parthen or its affiliates in their sole discretion.
You also agree that immediately upon the creation by or on behalf of Parthen, its affiliates, successors, or assigns, of any derivative works from, modifications, edits, or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of Parthen, and that We will own the entire right, title, and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by Parthen in its sole discretion. You hereby grant, assign, transfer, and convey any and all right, title, or interest You have or may be deemed to have in and to the Modified Content to Parthen.
YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST PARTHEN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE PARTHEN PARTIES”) WITH RESPECT TO USER SUBMISSIONS, AND AGREE TO INDEMNIFY AND HOLD THE PARTHEN PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.
5. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have signed up for Our Service).
WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION ON THE SERVICE OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
a. You agree that you will not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to use or to enter Transactions on the Service. You grant Parthen the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
b) No Offers. Statements made on the Service concerning our products or services do not constitute an offer, but are merely solicitations of an offer, where appropriate. References to and information concerning products and services on the Service are not complete and must be read in conjunction with the specific information accompanying such products or services, as the same may change from time to time.
c) Other Agreements/Terms of Sale. All products and services sold by us via the Service are sold in accordance with any terms of sale separately provided related to such sales. You may, from time to time, enter into additional written agreements with Parthen in connection with other products, services, or events made available by or through Parthen. In the event that any terms or provisions of such a written agreement or terms of sale conflict with the provisions of these TOU, the terms and provisions of the written agreement or terms of sale shall prevail.
d) Pricing. Pricing for Transactions shall be as set forth on the Service, which pricing may be changed by Parthen from time to time. Parthen may choose to temporarily change the pricing for promotional events or new products or services, and such changes shall be immediately effective when Parthen posts the temporary pricing change to the Service.
e) Payment Processing. When you conduct a Transaction, the processing of the Transaction and collection of payments may be handled by our payment processor. Transactions will be processed only after a billing address, and other billing information has been verified. If We receive incorrect billing or credit card account information, the processing of your Transaction will be canceled without further notice.
f) Transaction Confirmation. If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with Parthen whether or not your Transaction has been completed.
g) Refunds. Before entering a Transaction on the Service, carefully review the Service and all policies and terms. Unless otherwise agreed to in writing by Parthen, We will not issue refunds. In the event that the provisions of this Section conflict with any mandatory refund policies imposed by our payment processor, as may be applicable to a particular Transaction, the terms of such mandatory refund policy shall prevail. Additionally, certain legislation and consumer protection laws and regulations may confer you with rights, warranties, guarantees, and remedies relating to your Transaction that cannot be excluded, restricted, or modified.
h) Chargebacks. You agree that you will not attempt to circumvent any refund prohibitions with regard to Transactions on the Service. You will not dispute or otherwise seek a “chargeback” from the company whose credit card you used on the Service. Should you do so, your access may be canceled, and Parthen may, in its sole discretion, refuse to honor pending and future Transactions made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist, and any person who accesses any associated online account or credit card or who otherwise breaches this provision, from using the Service.
Parthen may, at its sole discretion, disable access or partially disable access to the Service for any users who violate these TOU, including, but not limited to, the accounts of (1) users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly, (2) users who provide false or inaccurate information; (3) users who breach these TOU including any warranties; and (5) users who misuse or challenge Parthen’s rights in the Content.
8. RESTRICTIONS ON USE OF SERVICE
In Your use of the Service, You will not:
● violate these TOU;
● use the Service for any purpose other than for using the features We intentionally make available to You;
● upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
● post any information that Parthen, in its sole discretion, determines is confidential (including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers, or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
● upload, download, post, email, or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
● copy, download, or distribute any part of the Service in any form or medium without the prior written authorization of Parthen;
● alter, modify, or make derivative works from any part of the Service without the prior written authorization of Parthen;
● scrape any part of the Service or use an artificial intelligence system or other software to analyze or process materials on the Service;
● resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these TOU, the Service or any Content, in whole or in part;
● modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Service;
● provide false personal information or personal information belonging to anyone other than You without permission;
● use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
● use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
● obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
● impersonate or misrepresent any person or entity or Your affiliation with someone else; or
● post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service.
a. Parthen will fully cooperate with any law enforcement authorities or court order requesting or directing Parthen to disclose the identity of anyone violating these TOU.
Parthen may cancel Your account, terminate Your access to the Service, delete all of Your information and User Content at any time, without notice, for any reason or no reason including, without limitation, Your violation of these TOU.
b. Parthen believes in children’s online safety and does not wish to receive information regarding children under 18 years old. Therefore, You may not submit any personally identifiable information of a child under 18 years old or information sufficient to locate such a child on or through the Service. If You are under 18 years of age, then please do not attempt to submit any information to or use the Service.
9. INTELLECTUAL PROPERTY
Everything You see, hear, or otherwise experience on the Service, including, but not limited to, the graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”), and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Parthen, subject to copyright and other intellectual property rights under United States and international laws and conventions. Parthen owns the copyright in the selection, coordination, arrangement, and enhancement of the Content. Any unauthorized use of any materials on the Service or use of the Marks may violate copyright, trademark, and other laws. PARTHEN and the Parthen logo are trademarks of Parthen.
For Your personal use, You may view, copy, and print pages from the Service. Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Parthen reserves all rights not expressly granted in and to the Service, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into or stream or transmit the Content via any hardware or software application, or make it available via frames or in-line links, unless expressly permitted by Parthen in writing. You may not create, recreate, advertise, or distribute an index of a significant portion of the Content unless authorized in writing by us. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service.
You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party all or any part of the rights granted to You under these TOU, the Service, or any content or materials accessible through the Service, in whole or part.
10. ADVERTISEMENT/SPONSOR RELEASE
Parthen takes no responsibility for advertisements, sponsor information, or any third-party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by other service providers with Content on the Service such as advertisers and sponsors (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Parthen is not liable for any loss or claim that You may have against an Advertiser.
BECAUSE PARTHEN DOES NOT SUPERVISE OR CONTROL INTERACTIONS AMONG OR BETWEEN ADVERTISERS AND OTHER PERSONS OR COMPANIES, YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE PARTHEN PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS, OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
11. LINKS TO AND FROM THE SERVICE
The Service may contain links to third-party websites and online services (such as social media sites) that are not owned or controlled by Parthen. Parthen has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship, or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Parthen will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE THE PARTHEN PARTIES FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, GOODS, OR SERVICES AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, We encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.
Except as You have otherwise agreed with Parthen in writing, You may link to the Service from Your website, subject to the following: (1) You may not frame the Service or any portion of the Service; (2) You will not override or hinder the functionality of an end-user’s web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Parthen name and not any Parthen logo; (4) You may not use any Parthen logo in any way; (5) You may not use the link in any way that suggests that Parthen is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive, or malicious, and may not be presented in any way that disparages Parthen or damages its rights, reputation, or goodwill; and (7) We may terminate Your right to link to the Service at any time for any reason or no reason.
12. EFFECT OF TERMINATION, CANCELLATION, OR EXPIRATION
Upon termination or cancellation of the TOU or the Service, You shall immediately discontinue all access to and use of the Service. PARTHEN SHALL NOT BE LIABLE FOR ANY DAMAGES, OR LOSS OF DATA, AS A RESULT OF THE TERMINATION OR CANCELLATION OF THESE TOU OR THE SERVICE.
You warrant and represent to Parthen as set out below:
a) The information You provide in any registration screen, profile, email, telephone call, or through other means, including all personal details, contact details, and all other data provided, is true in all respects, up-to-date, and not misleading.
b) You will keep the information referred to in paragraph (a) up to date.
c) You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person’s identity.
d) You will use the Service lawfully and in good faith.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. PARTHEN HAS ATTEMPTED TO MAKE THE SERVICE AND THE CONTENT AS TIMELY AND ACCURATE AS POSSIBLE, BUT BECAUSE ERRORS MAY OCCUR, THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PARTHEN PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICE, THE CONTENT, AND ANY SERVICE, EVENT, OR AGREEMENT WITH AN ADVERTISER OR THIRD PARTY. THE PARTHEN PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY, THAT MAY BE IMPLIED BY THESE TOU, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE ON THE PART OF THE PARTHEN PARTIES, RELATING TO THE SERVICE, THE CONTENT, USER SUBMISSIONS, ANY SERVICES PROVIDED TO YOU BY THE PARTHEN PARTIES, AND ANY AGREEMENT WITH A THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, THE PARTHEN PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OR PROVIDED THROUGH THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE, OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY, OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE, EVENTS ATTENDED, OR AGREEMENTS YOU ENTER WITH THIRD PARTIES, SUCH AS SPONSORS OR ADVERTISERS WILL MEET YOUR EXPECTATIONS; THAT THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS, OR DATA NOT PROVIDED BY PARTHEN; OR THAT SERVICE ERRORS WILL BE CORRECTED. THE PARTHEN PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DATA LOSS, OR DATA CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. YOU ACKNOWLEDGE THAT PARTHEN HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS, THE TRUTH OR ACCURACY OF ANY ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF ANY ADVERTISER TO PERFORM, OR ACTUALLY PROVIDE A PRODUCT OR SERVICE.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PARTHEN PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE PARTHEN PARTIES AS A RESULT OF ANY CLAIM, DEMAND, OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE PARTHEN PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TOU; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (6) ANY ACTIVITY USING YOUR EMAIL ADDRESS BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR EMAIL ADDRESS OR LOGIN INFORMATION.
IF THE PARTHEN PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TOU, THE PARTHEN PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEY’S FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO PARTHEN.
16. LIMITATIONS ON LIABILITY
IN NO EVENT SHALL THE PARTHEN PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD-PARTY PRODUCTS OR SERVICES, UNDER THESE TOU OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF ANY PRODUCT OR SERVICE PAID FOR OR PROCURED THROUGH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL, OR BUSINESS, EVEN IF THE PARTHEN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE PARTHEN PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM PARTHEN’S NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF THE PARTHEN PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OR SOFTWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (8) USER SUBMISSIONS, CONTENT OR THIRD-PARTY WEBSITES OR APPS; (9) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION; (10) ERRORS OR OMISSIONS IN ANY CONTENT; OR (11) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR INTERACTIONS WITH ANY ADVERTISERS OR SPONSORS WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, OR YOUR ATTENDANCE AT ANY EVENT LISTED ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PARTHEN PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE PARTHEN PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TOU INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL OR ACCOUNT INFORMATION WITH ANY OTHER PERSON.
THE PARTHEN PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TOU OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION, OR NEGLIGENCE, WILL BE LIMITED TO $50 USD.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND, IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”
Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by Parthen from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
17. BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT PARTHEN HAS OFFERED ITS SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TOU IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE PARTHEN PARTIES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PARTHEN. PARTHEN WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
18. EQUITABLE RELIEF
If You violate these TOU, We may seek injunctive relief or other equitable relief.
19. SUBPOENA FEES
If Parthen has to provide information in response to a subpoena related to Your use of the Service, then We may charge You for Our costs. These costs may include attorney and employee time spent retrieving records, preparing documents, and participating in a deposition.
These TOU, and any rights and licenses granted hereunder, may be transferred or assigned by You only with Parthen’s prior written consent but may be assigned by Parthen without restriction and without notice to You.
21. CLASS ACTION WAIVER
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
We reserve the right to refuse service to anyone for any reason at any time. These TOU and notice of Privacy constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these TOU is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these TOU, so that these TOU shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these TOU by a representation other than those expressly set out in these TOU. Parthen and You do not intend to confer, and these TOU will not be construed as conferring, any right, remedy, obligation, or liability of any kind on any person other than Parthen, You, and each party’s successors and assigns. No modification, alteration, or waiver of any of the provisions of these TOU will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these TOU shall be deemed a further or continuing waiver of such term or any other term, and Parthen’s failure to assert any right or provision under these TOU shall not constitute a waiver of such right or provision. You agree that the Service shall be deemed solely based in South Dakota, United States of America, and the Service shall be deemed a passive Service that does not give rise to personal jurisdiction over Parthen in jurisdictions other than South Dakota. These TOU are governed by United States and South Dakota law, without regard to conflict of law provisions, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Lincoln County, South Dakota, in relation to any dispute between them arising out of the subject matter of these TOU.
Notice of Privacy Practices
THIS POLICY DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY
1. Parthen Incorporated Duties
2. Patient Complaints
You may submit a complaint to us and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. You may file a complaint with us by sending a written request addressed to our Privacy Officer stating what protected health information you believe has been used or disclosed improperly. You will not be retaliated against for making a complaint. You can submit a complaint to the Department of Health and Human Services at https://www.hhs.gov/hipaa/filing-a-complaint/index.html. For further information contact our Privacy Officer, at this email address.
3. Uses and Disclosures of Protected Health Information
Parthen will use your medical information for Advisory Services.
For example: Information obtained by a physician, Nurse Navigator, or other member of your Parthen Clinical team will be recorded in your record and used to determine how we can best support you.
We will use your medical information in discussing possible navigation options.
For example: We may use information in your health record to assess the advice and outcomes in your case and others like it. This information will then be used in an effort to improve the quality and effectiveness of the educational services we provide.
We will use your medical information for Virtual Health Care Services.
For example: We may use information in your health record to monitor for adverse events via our mobile application. This information will ensure that Parthen clinical staff are informed, can provide advice, and are available via phone, video conference, and email to address questions from you and/or your caregiver.
Business Associates: There are some services provided in our organization through contracts with business associates, such as designated clinicians covering vacations or illness. We may disclose your health information to our business associates so they can perform the job we’ve asked them to do. However, we require the business associates to take precautions to protect your medical information.
Notification of Family: We may use or disclose information to notify or assist in notifying a family member, personal representative, or other person responsible for your care of your location and general condition.
Communication with Family: Health professionals, using their best judgment, may disclose to a family member, other relative, close personal friend, or any other person you identify, health information relevant to that person’s involvement in your care.
Research: We may disclose information to researchers when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your medical information.
Funeral Director, Coroner, and Medical Examiner: Consistent with applicable law we may disclose health information to funeral directors, coroners, and medical examiners to help them carry out their duties.
Organ Procurement Organizations: Consistent with applicable law, we may disclose health information to organ procurement organizations or other entities engaged in the procurement, banking, or transplantation of organs for the purpose of tissue donation and transplant.
Food and Drug Administration (FDA): We may disclose to the FDA health information relative to adverse events, product defects, or post marketing surveillance information to enable product recalls, repairs, or replacement.
Public Health: As required by law, we may disclose your health information to public health or legal authorities charged with preventing or controlling disease, injury, or disability, including child abuse and neglect.
Victims of Abuse, Neglect or Domestic Violence: We may disclose to appropriate governmental agencies, such as adult protective or social services agencies, your health information, if we reasonably believe you are a victim of abuse, neglect, or domestic violence.
Health Oversight: In order to oversee the health care system, government benefits programs, entities subject to governmental regulation, and civil rights laws for which health information is necessary to determine compliance, we may disclose health information for oversight activities authorized by law, such as audits and civil, administrative, or criminal investigations.
Court Proceeding: We may disclose health information in response to requests made during judicial and administrative proceedings, such as court orders or subpoenas.
Law Enforcement: Under certain circumstances, we may disclose health information to law enforcement officials. These circumstances include reporting required by certain laws (such as the reporting of certain types of wounds), pursuant to certain subpoenas or court orders, reporting limited information concerning identification and location at the request of a law enforcement official, reports regarding suspected victims of crimes at the request of a law enforcement official, and crimes in emergencies.
Inmates: If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution.
Threats to Public Health or Safety: We may disclose or use health information when it is our good faith belief, consistent with ethical and legal standards, that it is necessary to prevent or lessen a serious and imminent threat or is necessary to identify or apprehend an individual.
Specialized Government Functions: Subject to certain requirements, we may disclose or use health information for military personnel and veterans, for national security and intelligence activities, for protective services for the President and others, for medical suitability determinations for the Department of State, for correctional institutions and other law enforcement custodial situations, and for government programs providing public benefits.
Workers Compensation: We may disclose health information when authorized and necessary to comply with laws relating to workers compensation or other similar programs.
4. Other Uses and Disclosures
We may also use and disclose your personal health information for the following purposes:
● to contact you to remind you of an advisory meeting,
● to describe treatments and treatment alternatives to you, or
● to furnish information about health-related benefits and services that may be of interest to you.
Psychotherapy notes are given a higher degree of protection and cannot be disclosed without your express permission except to carry out certain treatment, payment, or health care operations including allowing the note taker to use them for treatment, using the notes for training programs, or using the notes in defense of a legal proceeding.
We will not sell your PHI in violation of the HIPAA regulations without your written authorization. The HIPAA rules do not consider accepting payment for your treatment as a sale of PHI.
All other uses and disclosures of your medical information will be made only with your written permission. If you provide written authorization, you may later revoke the authorization by sending a written request addressed to our Privacy Officer at this email address. You understand that we are unable to take back any disclosure we have already made with your permission.
5. Individual Rights
(i) You may request us to restrict the uses and disclosures of your medical information for advisory services, payment, health care operations, or other permitted purposes, but Parthen does not have to agree to such a request. You may make such a request in writing addressed to our Privacy Officer at this email address .
(ii) You may request that we communicate with you in a specific manner, such as communicating to a specific phone number, or by sending mail to a specific address. Parthen is required to accommodate all reasonable requests in this regard. You may make these requests in writing addressed to our Privacy Officer at this email address .
(iii) You have the right to inspect and copy your medical information. You must submit your request in writing addressed to our Privacy Officer at this email address . If you request a copy of your medical information, we may charge you a fee for the cost of copying, mailing, or other supplies. In certain circumstances, we may deny your request to inspect or copy your medical information. If you are denied access to your medical information, you may request that the denial be reviewed. Another licensed health care professional will then review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.
(iv) You have the right to amend medical information. If you feel that the medical information we have about you is incorrect or incomplete, you may ask us to amend the information. To request an amendment, you must send a written request addressed to our Privacy Officer at this email address . You must also give us a reason to support your request. We may deny your request to amend your medical information if it is not in writing or does not provide a reason to support your request. We may also deny your request if:
– the information was not created by us, unless you provide us with evidence to indicate that the organization or person that created the information is no longer available to make the amendment,
– the information is not part of the medical information kept by or for us,
– the information is not part of the information you would be permitted to inspect or copy, or
– the information is accurate and complete.
(v) You have the right to request and receive an accounting of our disclosures of your medical information up to six years before the date on which you request the accounting. Not all your medical information is subject to a request for an accounting of disclosures. Your request must state how you would like to receive the report (paper, or electronically). We may charge you the cost of providing the accounting of disclosures. We will notify you of this cost and you may choose to withdraw or modify your request before charges are incurred.
(vi) You may request a paper copy of this Notice by submitting a request for a paper notice in writing to our Privacy Officer at this email address .
6. Effective Date
The effective date of this Notice is December 1, 2023.
7. Parthen Contact
Parthen and our Privacy Officer at this email address