Jack&Jill Health, (“Jack&Jill Health,” “we,” or “us”) owns and operates the websites located at blog.jackjill.health and may have previously, now or in the future own and/or operate a “Jack&Jill Health” mobile application (collectively, the “platform”). Your access and use of the platform, any part thereof, or anything associated therewith, including its content (“content”), any products or services provided through the platform or otherwise by Jack&Jill Health, and any affiliated website, software or application owned or operated by Jack&Jill Health (collectively, including the platform and the content, the “service”) are governed by these terms and conditions (“Terms and Conditions” or “agreement”). Although accessible by others, the service is intended for access and use only by U.S. customers.
Please read this agreement carefully before accessing or using the service because it sets forth the important terms you will need to know about the service. In this agreement, the terms “you” and “yours” refer to the person using the service.
THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN. The web is an evolving medium. If we need to change the terms of this agreement in the future, we will post the updated terms and conditions through our platform and update the “Last Updated” date to reflect the date of the changes. By continuing to access or use the service after we post such changes, you agree to the terms of this agreement, as modified.
Acceptance of Terms and Conditions
Your access to and use of the service is subject to this agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the service or any information or content provided through the service, except as necessary to review this agreement. service is continually under development, and we reserve the right to revise or remove any part of the service at our sole discretion at any time and without prior notice to you. Any changes to this agreement are effective upon posting to the platform. Unless otherwise indicated, any new content added to the service is also subject to this agreement upon posting to the platform. If you disagree with this agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the service.
Your Relationship with Us
We are a technology company that makes available to individuals who register as users of the service (“Users”) certain products and services sold or offered by Jack&Jill Health or by third-party medical providers, pharmacies, or other vendors. Our service provides access to prescription fulfillment services offered by several licensed pharmacies (the “Pharmacies”). We may also provide you with a means of connecting to one or more medical groups who provide healthcare services through the platform (the “Medical Groups”). These medical groups employ or contract with physicians and allied health professionals who offer certain healthcare services through the platform (“Providers”). By accepting this agreement, you acknowledge and agree that any services you receive from the Pharmacies, Medical Groups or Providers through the platform are also subject to this agreement, and that the Pharmacies, Medical Groups and Providers are third-party beneficiaries of this agreement.
With respect to the Pharmacies, the Medical Groups and the Providers, we act solely as a technology platform to connect you with the products and services offered by the Pharmacies, Medical Groups and Providers through the service. We do not control or influence the practice of medicine by the Medical Groups or any Providers, each of whom is solely responsible for the medical care and treatment he or she provides to you. Jack&Jill Health makes no representations or warranties about the suitability, reliability, timeliness or accuracy of the medical care and treatment provided by the Medical Groups or any Providers. By accepting this agreement, you acknowledge and agree that Jack&Jill Health is not a healthcare provider and that by using the service, you are not entering into a doctor-patient or other health care provider-patient relationship with Jack&Jill Health.
By accepting this agreement, you acknowledge and agree that the Medical Group and/or Providers may send you messages, reports, and emails via the service regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Jack&Jill Health nor the Medical Group nor any Provider will be responsible in any way and you will not hold Jack&Jill Health, Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).
While you are not establishing a doctor-patient or other health care provider-patient relationship with Jack&Jill Health, by using the service, you are establishing a direct customer relationship with Jack&Jill Health to use the platform and to purchase any non-prescription products or non-medical services sold directly to you by Jack&Jill Health through the platform. In connection with such a relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. Please refer to the “Privacy Policy” section and the “Protected Information” section below for additional information.
Notice Regarding Your Financial Responsibility for Services
Jack&Jill Health and the Medical Groups are not enrolled with, and are not participating providers with, any federal, state, or private payor healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care or mental health services or supplies and, as such, neither you nor Jack&Jill Health or the Medical Groups may receive payment from such programs for the services or products provided to you by Jack&Jill Health or the Medical Groups. Further, to the extent that any of the Labs, Pharmacies, or Providers may be enrolled in federal, state, or private payor healthcare programs, the means through which the services and products are provided or made accessible through the service typically precludes such services and products from being covered benefits under these programs. By choosing to use the service, you are specifically choosing to obtain products and services on a cash basis outside of any federal, state, or private payor healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.
By agreeing to use the service, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal, state or private payor healthcare program and you have sole financial responsibility for all services or products provided to you by or through the service, and (2) neither you nor Jack&Jill Health, the Labs, the Pharmacies, the Medical Groups or the Providers will submit a claim for reimbursement to any federal, state, or private payor healthcare program for the costs of the services and products provided to you through the service.
Subscription Products
Certain products available for purchase through the service require that you purchase the product on a subscription basis. For subscription-based products, your payment device will be automatically charged at regular intervals as described for that product during the checkout process. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by emailing help@blog.jackjill.health.
In order to simplify the user experience on the platform, you will only see and be required to pay a single “total” subscription price. However, if a subscription product you purchase requires a consultation with a Provider and/or includes a prescription product that you fill through one of the Pharmacies, then the total price you pay includes the amount charged by the Pharmacy for the prescription drug and the amount charged by the Medical Group for the services of the Provider, as well as the amount we charge for use of and access to the platform. We collect the amounts charged by the Pharmacies and the Medical Groups on behalf of the Pharmacies and Medical Groups and pass the applicable amounts through to them.
Prescription Products
Certain products available through the platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the platform, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes you a prescription, you may fill it through one of the Pharmacies by using the platform, or you may fill the prescription at any pharmacy of your choice as prompted during your use of the service or by emailing help@blog.jackjill.health. Prescriptions fulfilled by the Pharmacies do not use child-resistant packaging and prescription products will not be dispensed in child-resistant containers.
Limited Use and Availability
Our service is currently only available to individuals who are located in states in which we offer the service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this agreement. By visiting, accessing, registering with or using the service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the service, and (c) agreeing that you will only use the service for lawful purposes. Our service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
Certain products available through the service are subject to additional age restrictions, and not all products or services on our platform are available to all ages.
Telehealth Services Consent & Open Payments Notice
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person health care in all cases. In order to use the service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Medical Groups and Providers through the platform. You agree that Jack&Jill Health is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
In some cases, the service may not be the most appropriate way for you to provide information to, communicate with or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the service. In such a case, you may receive notification stating that you will be unable to use the service for the particular issue you submitted and providing additional information regarding next steps.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BEFORE DECIDING TO START, ALTER, OR DISCONTINUE ANY COURSE OF CLINICAL TREATMENT OR THERAPY, OR FOR ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION, YOUR DIET, OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. DO NOT USE THE SERVICE AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER, AND DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICE.
For informational purposes only, a link to the federal Centers for Medicare and Medicaid services Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public. The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov/.
Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the service) to enable use of the service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the service. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the service. We reserve the right to change the access configuration, including any software, hardware or other requirements of the service at any time without prior notice.
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