Terms & Conditions
1. Agreement
These Terms of Service (these “Terms of Service”) set forth between you and Partner.Health include the terms and conditions below, and any
policies, guidelines, and amendments that may be incorporated by reference into these Terms of Service from time to time (collectively with
these Terms of Service, the “Agreement”).
2. Acceptance of Terms
By accessing or using any Services or this website, you agree that the Agreement, without modification, governs the Services (as defined below) and your use of this website. Continuing to use Partner.Health website following the posting of any changes to these Terms of Service will also indicate that you accept those changes.
3. Services
Partner.Health’s objective is to help healthcare consumers save on their medical bills through spotting any incorrect charges and trying to reach a discount with the healthcare provider. Partner.Health aspires to reach the highest expectation of its clients yet no guarantees (explicit or implicit) is provided as to the ability to reach a discount or a payment plan to the medical bill provided.
4. Your Personal Health Information
You should always use caution when giving out personally identifying information (“PHI”) in any communication to us or through our website. When you sign up for an account with Partner.Health and upload your documents (such as provider bill, explanation of benefits or insurance card), you will be asked to sign a release of information form for yourself (or on behalf of your children under age of 18) that allows us to view your personal health information. We will only view and act on the personal health information and documents you upload. You can further limit which providers or health plans we can interact with on the authorization form. The authorization to view your personal health information (limited by the contents of the documents you share with us and the provider and health plans represented on these documents) will remain in effect for one year from the date of signature.
5. Your Obligations
(a) Applicable laws
You are solely responsible for complying with all applicable international, national, state, regional and local laws and
regulations applicable to you.
(b) Guidelines
In connection with the Services or the use of this website, you agree that you will not: (i) upload, post or otherwise transmit through or to this website any content that is (a) unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable, (b) might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others, (c) contains any viruses, trojan horses, time bombs, or any other harmful programs or elements; (ii) disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks; (iii) provide false information; (iv) impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication; (v) transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages; (vi) collect information about other visitors to Partner.Health’s website without Partner.Health’s consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses; (vii) sell access to or the use of this website, including any content contained on, downloaded or accessed from this website; or (viii) redistribute any content, including financial, legal or other data, provided by Partner.Health in any manner whatsoever, including by means of printed publication, fax broadcast, Web pages, e-mail, Web newsgroups or forums, or any other electronic or paper-based service or method. You grant us the right to screen and/or remove any content that is submitted to our website.
By submitting a Qualification Form, you are providing express written instructions under the Fair Credit Reporting Act for Partner.Health and partners with whom you may be matched to obtain your consumer credit report from your credit profile or other information from contracted Credit Bureau(s) for the purpose of matching you to a Provider, product, or service through the Partner.Health network. This information could include, but might not be limited to, your credit report, credit score, and other credit information. Partner.Health will obtain a limited credit report (“soft pull”) regardless of whether you provide your Social Security Number. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Partner.Health and its Providers may obtain, verify and record information that identifies each person who opens an account with us and Providers. Partner.Health and its Providers may ask for your name, Social Security Number, address, telephone number, date of birth and other important information including, but not limited to, information received from your credit file, that may allow us and Providers to properly identify you. It is possible that a Provider may perform a soft inquiry on your credit at the same time for the same or similar purposes, but the soft inquiry into your credit does not impact your credit score. Not all Providers will receive your Social Security Number and, for those that do, not all will perform the soft inquiry of credit. Partner.Health does not perform hard inquiries into credit, though certain automobile lenders on its network will perform a hard inquiry to evaluate you for a firm offer of credit. From time-to-time LendingTree is examined by state and federal regulators and as such is required to maintain your Personally Identifiable Information to adhere to certain jurisdictions’ data retention requirements. Your information may also be obtained from Providers after you are matched to adhere to state and federal reporting and record retention requirements. You authorize Partner.Health and its participating Providers to share such information as required. We do not guarantee acceptance into any particular program or specific terms or conditions with Partner.Health or any Provider.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (collectively, a “submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for a Service through Partner.Health You are also indicating that you are consenting, acknowledging and agreeing to receive notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet).
6. Termination
Partner.Health reserves the right, in its sole discretion, to terminate the Services or your access to Partner.Health’s website, or any portion thereof, at any time and for any reason without notice.
7. Account Access Password
a) If you receive a user identification name or password from Partner.Health to access Partner.Health’s database or use Services, you will: (i) keep the user identification name and password confidential; (ii) not allow any other entity or person to use the user identification name or password or gain access to Partner.Health database or services; (iii) be liable for all action taken by any user of the user identification name or password; and (iv) promptly notify Partner.Health if you believe the user identification name or password have been used inappropriately or the confidentiality of the information made available through such use has been compromised.
(b) You agree that any loss incurred by you or Partner.Health as a result of any party gaining access to your account or Partner.Health’s website using information which that party was not authorized to obtain or using such information in a manner not permitted by this Agreement (including but not limited to improper or unauthorized use of your user ID and password) shall be your responsibility.
8. Disclaimers and Limitation of Liability
(a) You understand and acknowledge that Partner.Health only provides informational and administrative the Services as stipulated in (3) above. We do not (i) provide medical or diagnostic services, (ii) recommend treatment or healthcare advice, or (iii) provide legal services or advice. You should always seek the advice of your physician or other qualified healthcare professional prior to making any treatment decisions. You should always seek the advice of your attorney or other qualified legal advisor prior to making legal decisions.
(b) WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON PARTNER.HEALTH WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTY WHATSOEVER. PARTNER.HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, TO YOU AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF PRACTICEABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PARTNER.HEALTH FURTHER DISCLAIMS ANY WARRANTY INSURING THAT THE SERVICES WILL (I) BE SECURE, UNINTERRUPTED, TIMELY, OR FREE FROM DEFECTS, ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS OR OTHER LOSSES, (II) BE COMPATIBLE OR OPERATE IN COMBINATION WITH ANY OF YOUR SPECIFIC HARDWARE, SOFTWARE SYSTEMS, OR DATA, AND (III) FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PARTNER.HEALTH OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF PARTNER.HEALTH’S OBLIGATIONS.
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARTNER.HEALTH AND/OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES OR THE USE OF THE PARTNER.HEALTH WEBSITE, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHER CAUSE OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PARTNER.HEALTH’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE AGREEMENT, SERVICES OR WEBSITE EXCEED ONE HUNDRED ($100.00) DOLLARS, REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE.
9. Indemnification
You agree to indemnify, defend, and hold harmless Partner.Health, its employees, officers, directors, managers, members, shareholders, and agents from and against any loss, liability, damage, penalty or expense (including attorneys’ fees, expert witness fees and cost of defense) that each may suffer or incur as a result of claims arising from any breach by you or any of your agents or affiliates of the terms of the Agreement, including, without limitation, any failure to comply with your obligations set forth in the Agreement, or any claims made by healthcare providers or health plans.
10. General
The Agreement is governed by the laws of the State of New Jersey. You hereby consent to the exclusive jurisdiction and venue of courts in New Jersey, U.S.A. in all disputes arising out of or relating to the use of the Partner.Health website. Use of this website in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation, this paragraph, is unauthorized. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Partner.Health as a result of the Agreement or the use of this website. Partner.Health’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement will prohibit Partner.Health’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Partner.Health with respect to such use. If any part of the Agreement is held invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect.
11. Dispute Resolution
Partner.Health and you each acknowledge and agree that any controversy, disagreement, dispute or claim arising out of or relating to the Services or the Agreement, or any breach in connection therewith or herewith (each, a “Dispute”), will be settled by following the procedures set forth below:
(a) Partner.Health, on the one hand, and you, on the other hand, agree first to contact the other to advise of any such Dispute. The party alleging, asserting and/or initiating the Dispute shall contact the other party or parties who is or are alleged to be liable or responsible for such Dispute, and provide a written description of the Dispute, all relevant documents/information and the proposed resolution (the “Claim Notice”). You agree to contact PARTNER.HEALTH as contemplated above by calling or writing to: Partner.Health, 1368 Academy Lane, Teaneck, New Jersey, 07666, Tel. No. 844-908-0066.
(b) You and Partner.Health shall then seek in good faith to resolve the Dispute. As part of this process, each party to the Dispute shall provide a monetary amount that, if paid to the party alleging, asserting and/or initiating the Dispute, would settle the Dispute (the “Settlement Amount”). If the parties do not agree to a Settlement Amount, or the parties are otherwise unable to settle the Dispute within thirty (30) days of the date of delivery of the Claim Notice, then the parties shall proceed to arbitration, as set forth below.
(c) IN THE ABSENCE OF RESOLVING THE DISPUTE, AND INSTEAD OF SUING IN COURT, PARTNER.HEALTH AND YOU EACH AGREE TO SETTLE AND RESOLVE FULLY AND FINALLY ALL DISPUTES EXCLUSIVELY BY ARBITRATION, EXCEPT IN THE FOLLOWING LIMITED CIRCUMSTANCES: (I) PARTNER.HEALTH OR YOU MAY COMMENCE AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT WHERE THE AMOUNT OF THE DISPUTE DOES NOT EXCEED THE JURISDICTIONAL LIMIT OF SUCH COURT; AND (II) YOU MAY FILE A DISPUTE WITH ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY THAT CAN, IF THE LAW SO AUTHORIZES, SEEK RELIEF AGAINST PARTNER.HEALTH ON BEHALF OF YOU. THIS AGREEMENT TO HAVE DISPUTES RESOLVED BY ARBITRATION IS MADE WITH THE UNDERSTANDING THAT EACH PARTY IS IRREVOCABLY, KNOWINGLY AND INTELLIGENTLY WAIVING AND RELEASING ITS RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR
JURY DECIDE DISPUTES. Without limitation, Partner.Health and you agree that Disputes, as defined above, shall include the following matters:
(a) any Dispute by any party against any agent, employee, successor, or assignee of the other party or parties, including to the full extent permitted by applicable law, third parties who are not parties to this Agreement, whether related to the Services or otherwise; (b) any past, present, and future Dispute; and (c) any Dispute as to the scope, validity or applicability of this Dispute Resolution provision, and/or the arbitrability of any Dispute; and (d) any Dispute against Partner.Health, or any other party as stated above, related in any way to the Services, including, but not limited to, the characterization of the transactions referenced in the Agreement, privacy, solicitation, or advertising, even if it arises after the Services have terminated.
(d) The foregoing arbitration shall be administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules in effect when a Claim Notice is duly provided. If any AAA procedure or rule conflicts with the terms of the Agreement, the Agreement will apply.
(e) The arbitration shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. Sections 1-16. Any award by the arbitrator may be entered as a judgment in any court having jurisdiction. Any arbitrator’s decision and award is final and binding, subject only to those exceptions under the FAA. Partner.Health and you agree the FAA’s provisions, not state law, govern all questions of whether a Dispute is subject to arbitration.
(f) Unless Partner.Health and you agree otherwise, the foregoing arbitration will be conducted by a single neutral arbitrator selected by utilizing the process provided in the AAA’s Commercial Arbitration Rules in effect when Claim Notice is duly filed. The arbitrator shall be a licensed attorney and/or retired judge. Except as otherwise provided below, the arbitration shall be conducted in the county where the principal address of the party against whom the Dispute is initially commenced is located – and for any claim against Partner.Health, that address shall be Partner.Health, 1368 Academy Lane, Teaneck, New Jersey, 07666, Tel. No. 844-908-0066. The arbitrator shall have no authority to award punitive, consequential or other monetary damages not measured by the prevailing party’s actual damages, except as may be required by statute or as otherwise provided below.
12. Survival
Notwithstanding anything to the contrary in the Agreement, all sections of the Agreement that by their nature should survive termination or expiration will survive, including, without limitation, accrued rights to payment, indemnification obligations, warranty disclaimers, and limitations of liability.
13. Notices; Consent to Electronic Communications
By applying for the Services and confirming that you have read this Agreement, you are confirming to Partner.Health that you have the means to access the Internet through your own service provider and download or print electronic communications. You agree to the receipt of electronic communications by email or by the posting of such information by Partner.Health at one or more of Partner.Health’s sponsored websites. Such communications may pertain to the services delivered by Partner.Health, the use of information you may submit to Partner.Health, changes in laws impacting the Services or other reasons, such as amendment of this Agreement. In addition, all notices and other communications required or permitted under this Agreement by Partner.Health to you may also be delivered by Partner.Health to you either by FAX, overnight carrier or first class mail, postage or other charges prepaid, addressed and transmitted as set forth below. All notices and other communications required or permitted under this Agreement by you to Partner.Health shall be delivered by you to Partner.Health by overnight carrier or certified mail, postage or other charges prepaid, addressed and transmitted as set forth below. Notice by FAX or e-mail shall be deemed delivered when transmitted. Notice by mail or overnight carrier shall be deemed delivered on the first (1st) business day after mailing or delivery to the carrier. Following are the addresses for the purposes of notices and other communications hereunder, which may be changed by written notice in accordance with this section:
(a) If to Partner.Health, addressed and transmitted as follows: Partner.Health, 1368 Academy Lane, Teaneck, New Jersey, 07666
(b) If to you, at the address provided as the billing address, or the FAX number or e-mail address and to the contact listed on the Authorization.
14. Electronic Signature
You may become a party to, and become bound by, the Agreement by completing the Authorization and accepting it electronically over the Internet. This is done by clicking or entering “I Agree”, by providing an electronic form of signature or otherwise by affirmatively indicating acceptance or consent where requested on an electronic version of the Authorization (any such method constituting an “Electronic Consent”). By providing such Electronic Consent, you acknowledge that you have received and reviewed all applicable pages, terms and conditions of the Agreement, and you represent, warrant, consent and agree as follows:
(a) The electronic agreement process allows you to sign and agree to legally binding agreements online by providing its Electronic Consent; (b) You intend to use the electronic agreement process to provide your Electronic Consent;
(c) Your Electronic Consent is legally binding, and is governed by the Electronic Signatures in Global and National Commerce Act of 2000, and/or the Uniform Electronic Transactions Act governances (or an amended version thereof) in its state of residence, and you agree to be bound by these governances;
(d) The individual providing Electronic Consent on your behalf is authorized to do so and is at least 18 years old; and
(e) The Electronic Consent will be binding upon you, and will not be construed by a court of law to have any less effect than a standard ink or paper signature.