Membership Terms of Service
Last Updated: March 7, 2021
These Membership Terms of Service (“Terms”) govern your access to and use of services provided by Her M.D., Inc. (“HerMD”, “we”, “us”, or “our”), including our website located at https://hermdhealth.com, as well as membership services that include online medical and aesthetic appointment scheduling, facilitation of access to telehealth services, and other technology-enabled or personal services provided by HerMD or its affiliates (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms. If you are accepting these Membership Terms of Service for another person (“Dependent”) as such person’s parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Dependent.
Her M.D., Inc. is affiliated with medical and aesthetic services providers, including Somi Javaid MD & Associates, LLC and SJ Medical Spa, LLC (“HerMD Affiliates”), where HerMD provides management and administrative services to the HerMD Affiliates. These Terms govern your access to and use of the Services offered by HerMD. Our Medical Terms of Service govern our provision, and your use of medical services provided by the HerMD Affiliates. Please read the Medical Terms of Services carefully before using the medical services.
YOU AGREE THAT DISPUTES BETWEEN YOU AND HERMD OR ITS AFFILIATES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 11 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 11.
1. Updates to the Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the updated terms on our website at least thirty (30) days before the effective date of the changes. If we have your email on file, we will also notify you of material changes to the Terms by email at least thirty (30) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the effective date, you will be bound by the updated Terms.
2. Account Registration and Security
You may use the Services only for your own personal, non-commercial use. If you are registering on behalf of a Dependent, the Dependent may only use the Services for their own personal, non-commercial use. To access certain features of the Services or to become a member, you will have to create an account via the website at https://hermdhealth.com. It is important that you provide us with accurate and complete information for your account, and update as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. 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. We will not be responsible for any loss or damage due to your failure to protect your account or your personal information.
3. Acknowledgement of Annual Membership Fee
HerMD charges an annual membership fee (the “Annual Membership Fee”) for access to certain features of the Services. The Annual Membership Fee may be modified by HerMD from time to time. Certain members may have access to the Services through their employers, professional affiliations, partnerships, or other organizations, and as a result, the Annual Membership Fee will not apply to such members.
The Annual Membership Fee covers costs associated with technology-enabled or personal services that enhance your healthcare experience and tools to facilitate access to healthcare services, but are typically not covered by or billed to insurance. Membership services include online appointment scheduling, easy prescription refill requests, facilitation of virtual visits, secure messaging with our care team, access to member-only events, and more. PAYMENT OF THE ANNUAL MEMBERSHIP FEE TO HERMD IS NOT A REQUIREMENT TO RECEIVE MEDICAL SERVICES AT HERMD AFFILIATES. There are options for accessing medical services with HerMD Affiliates without payment of this fee, such as requesting a financial needs-based waiver or requesting limited access to HerMD Affiliates’ providers without the benefits of HerMD’s value-added membership services or digital tools facilitating access to Services and care. To learn more about the Annual Membership Fee and these options, contact us at email@example.com.
The Annual Membership Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Annual Membership Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Annual Membership Fee.
For our paid members, HerMD will charge your Annual Membership Fee to your designated billing account. You agree to make the payment using your chosen payment method. IF YOUR ACCOUNT IS SUBJECT TO THE ANNUAL MEMBERSHIP FEE, YOU AUTHORIZE US TO CHARGE YOUR CHOSEN PAYMENT METHOD THE ANNUAL MEMBERSHIP FEE AT THE TIME OF INITIAL PAYMENT AND EACH ANNUAL RENEWAL, UNTIL YOU CANCEL. YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS TO AVOID BEING CHARGED THE ANNUAL MEMBERSHIP FEE FOR THE NEXT YEAR. YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY LOGGING INTO YOUR HERMD ACCOUNT AND SELECT “CANCEL” OR CONTACTING US AT INFO@HERMDHEALTH.COM. IF YOU CANCEL YOUR MEMBERSHIP AND YOUR SUBSCRIPTION TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WON’T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE ANNUAL MEMBERSHIP FEE PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD.
If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Annual Membership Fee, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by logging into your membership dashboard and selecting “cancel” or contacting us at firstname.lastname@example.org.
4. Service Use Termination
You may terminate your use of the Services at any time by not using the Services any more. If you wish to terminate your membership, you can do so by logging into your account and selecting “cancel” or contacting us via email at email@example.com. If you terminate your membership, your membership will remain active until the end of your then-current membership period.
We may terminate the Services or your use of the Services at any time for any reason by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services. We are not required to provide you with notice prior to terminating or blocking your use of the Services or an associated reason. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Annual Membership Fee. If we terminate the Service or your access to the Services other than due to your breach of these Terms or any other agreement you have entered into with us, you will be entitled to a pro rata refund of the Annual Membership Fee that you paid for the remainder of your membership period.
5. Use of the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right and license to use the Services solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any other rights in the Services or any component thereof.
The following is a list of the type of actions that you may not engage in with respect to the Services:
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;
- You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
- You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
- You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
- You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
- You will not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us;
- You will not collect or store any personal information, including personally identifiable information, from others without their express permission;
- You will not provide any inaccurate, incomplete, false or misleading information about yourself when using the Services;
- You will not allow any other person to use your account, username or password to access the Services, and you will not use your account for any other person; and
- You will not assist or permit any person to engage in any of the activities described in this section.
The Services are intended for use only within the United States and its territories. We make no representation that the Services are appropriate, or are available for use outside the U.S. and its territories. Those who choose to access and use our Services from outside the U.S. and its territories do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws. IF YOU ARE A RESIDENT OF A COUNTRY OTHER THAN THE UNITED STATES (U.S.), YOU MAY USE THE SERVICES ONLY WHEN YOU ARE PHYSICALLY LOCATED IN THE U.S. AND ITS TERRITORIES. YOUR LICENSE AND RIGHT TO USE THE SERVICES AUTOMATICALLY TERMINATES UPON YOUR DEPARTURE FROM THE U.S. AND ITS TERRITORIES. YOU UNDERSTAND AND AGREE THAT NON-U.S. RESIDENTS MAY NOT USE THE SERVICES OUTSIDE OF THE U.S. AND ITS TERRITORIES.
6. Consent to Electronic Communications
If you later decide that you do not want to receive certain future communications electronically, please send an email to firstname.lastname@example.org or a letter to Her M.D.Inc. at 8350 E Kemper Road, Suite A, Cincinnati, OH 45249. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from HerMD. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
HerMD will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by, you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
7. Intellectual Property Rights
HerMD and its affiliates and subsidiaries retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by HerMD or its affiliates and subsidiaries.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Any general advice that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment of, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.
9. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Exclusive Remedy
If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your membership account (if applicable).
11. Dispute Resolution
Agreement to Arbitrate
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at email@example.com or by regular mail to 8350 E Kemper Road, Suite A, Cincinnati, OH 45240 within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in the Southern District of Ohio and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this section on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the Southern District of Ohio. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.
12. General Provisions
- These Terms make up the entire agreement relating to your use of the Services, and supersede all prior agreements relating to the subject matter hereof.
- These Terms will be governed by the laws of the State of Ohio without regard to its conflict of laws provisions.
- We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services, but we are not obligated to do so. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
- These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and we have no obligation to keep them confidential.
- Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.
- If any provision of these Terms is found by a proper authority to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and remain valid and enforceable, and the invalid or unenforceable provision will be deemed modified to the maximum extent necessary to make it valid and enforceable or, if modification is not permitted by law, the provision will be disregarded.
If you have any questions about these Terms, please contact firstname.lastname@example.org.