PARENTMD™ SERVICE USE AGREEMENT Terms and Conditions
IF YOU BELIEVE YOU OR YOUR CHILD IS EXPERIENCING A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS USE AGREEMENT BEFORE CLICKING THAT YOU AGREE. CLICKING “I AGREE” INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS USE AGREEMENT, PROMPTLY CLOSE THIS PAGE AND DO NOT PROCEED WITH USE OF OR SUBSCRIPTION TO THE PARENTMD™ SERVICE. NOTWITHSTANDING THE FOREGOING, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS USE AGREEMENT WHEN YOU DO ANY OF THE FOLLOWING: (1) ACCEPT THE TERMS AND CONDITIONS OF THE USE AGREEMENT THROUGH ANY PRINTED, ORAL, OR ELECTRONIC STATEMENT, INCLUDING ON THE WEB BY ELECTRONICALLY MARKING THAT YOU HAVE REVIEWED AND ACCEPTED; (2) ATTEMPT TO OR IN ANY WAY USE OR SUBSCRIBE TO THE PARENTMD™ SERVICE; (3) PAY FOR THE PARENTMD™ SERVICE OR A SUBSCRIPTION TO THE PARENTMD™ SERVICE (WHETHER YOU PAY DIRECTLY OR SOMEONE ELSE PAYS ON YOUR BEHALF); OR (4) OPEN ANY PACKAGE OR START ANY PROGRAM THAT SAYS YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS USE AGREEMENT BY DOING SO. IF YOU DON’T WANT TO ACCEPT THE TERMS AND CONDITIONS OF THIS USE AGREEMENT, DON’T DO ANY OF THESE THINGS.
The ParentMD™ Service (“ParentMD™ Service”) is a web-based platform that may include educational content (including, but not limited to, educational toolkits on specific topics related to childhood health and development, webinars, conferences, guides, resource recommendations, newsletters, and community forums), access to virtual pediatric services provided by third-party virtual pediatric provider Blueberry Pediatrics (and its affiliates), access to after-hours virtual nurse visits provided by third-party virtual nursing provider Anytime Pediatrics, and access to a emotional and social support visit with a certified child life specialist provide by third-party contractor Hearts Connected.
You acknowledge and understand that (1) you are using or subscribing to the ParentMD™ Service to receive health education information from third-party contributing professionals who have agreed to provide information through the ParentMD™ Service (the “Contributors”), and that such information is for educational purposes only and not medical advice; (2) ParentMD™ and the ParentMD™ Service are not health care providers and do not provide health care services or medical advice; (3) the ParentMD™ Service is not reimbursable by Medicare, Medicaid, Tricare, or any other government health care program and you agree not to use the ParentMD™ Service for any services that are or might be reimbursable by such programs; (4) the ParentMD™ Service is not reimbursable by commercial insurers, managed care organizations, preferred provider organizations, or other payors and you will not seek reimbursement from any such payors for the cost of use of the ParentMD™ Service; (5) you are at least 18 years of age.
PRIVACY AND SECURITY; DISCLOSURE
ParentMD™’s Notice of Privacy Practices describing how medical information about you may be used and disclosed and how you can get access to this information may be viewed at www.parentMD.com. ParentMD™ reserves the right to modify its Notice of Privacy Practices in its reasonable discretion from time to time. The Notice of Privacy Practices and any other ParentMD™ privacy policies, including any amendments thereto, are incorporated into this Use Agreement in their entirety. Notwithstanding, you acknowledge and agree that information may be released without your consent in cases of medical emergency, abuse, neglect, court order, insurance billing claims requirements, adult and program evaluation, and where otherwise legally required.
Because the ParentMD™ Service is a hosted, online application, ParentMD™ occasionally may need to notify all users of the ParentMD™ Service (whether or not they have opted out of email communications) of important announcements regarding the operation of the ParentMD™ Service. If you become a free or paying customer of the ParentMD™ Service, you agree that ParentMD™ can disclose the fact that you are a free or paying customer of the ParentMD™ Service.
If you have any questions about ParentMD’s™ Notice of Privacy Practices, or would like to file a written complaint with ParentMD™, please see the contact information for the ParentMD™ HIPAA Compliance Officer by referring to the full version of the ParentMD™ Notice of Privacy Practices at www.parentMD.com/privacy-policy.
LICENSE GRANT AND RESTRICTIONS
ParentMD™ hereby grants you a non-exclusive, non-transferable, worldwide right to use the ParentMD™ Service, solely for your own personal purposes, subject to the terms and conditions of this Use Agreement. All rights not expressly granted to you are reserved by ParentMD™ and its licensors.
You may not access the ParentMD™ Service if you are a direct competitor of ParentMD™, except with ParentMD’s™ prior written consent. In addition, you may not access the ParentMD™ Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the ParentMD™ Service or its content in any way; (ii) modify or make derivative works based upon the ParentMD™ Service or its content; (iii) publicly display visual output of the ParentMD™ Service; (iv) transmit the ParentMD™ Service over a network, by telephone, or electronically using any means; (v) create Internet “links” to the ParentMD™ Service where prohibited or “frame” or “mirror” any of its content on any other server or wireless or Internet-based device; or (vi) reverse engineer or access the ParentMD™ Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the ParentMD™ Service, or (c) copy any ideas, features, functions, or graphics of the ParentMD™ Service.
You may use the ParentMD™ Service only for your personal purposes and shall not: (i) send or transmit spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send, transmit, or post a message or any information under a false name; (iii) send, transmit, post, or store infringing, obscene, threatening, libelous, defamatory, fraudulent, false, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights or the ownership or intellectual property rights of another person; (iv) interfere with or disrupt the integrity or performance of the ParentMD™ Service or the data contained therein; or (v) attempt to gain unauthorized access to the ParentMD™ Service or its related systems or networks. You shall not use the ParentMD™ Service in a way that could cause damage or adversely affect any other customers of ParentMD™ or ParentMD™’s reputation, networks, property, or services.
You agree to keep confidential and use commercially reasonable efforts to prevent and protect the content of the ParentMD™ Service from unauthorized disclosure or use.
If you are accessing the ParentMD™ Service through ParentMD’s™ mobile application (“app”), you acknowledge and understand that certain permissions may be required including, but not limited to, location services – allows the app to get your precise or approximate location using GPS or network location sources such as cell towers and Wi-Fi; take pictures – allows the app to take pictures with the camera; read phone status and identity – allows the app to access the phone features of the device to determine the phone number and device IDs, whether a call is active, and the remote number connected by a call; view network connections – allows the app to view information about network connections such as which networks exist and are connected; full network access – allows the app to create network sockets and use custom network protocols; read Google service configuration – allows the app to read Google service configuration data; and prevent device from sleeping – allows the app to prevent the device from going to sleep. Some of these permissions may consume additional battery power or incur data usage or charges.
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the ParentMD™ Service, including those related to data privacy, international communications, and the transmission of technical or personal data. You shall: (i) notify ParentMD™ immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to ParentMD™ immediately and use reasonable efforts to stop immediately any copying or distribution of content of the ParentMD™ Service that is known or suspected by you or your Users; and (iii) not impersonate another ParentMD™ user or provide false identity information to gain access to or use of the ParentMD™ Service.
INTELLECTUAL PROPERTY OWNERSHIP
ParentMD™ alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights (“Intellectual Property Rights”), in and to ParentMD’s™ technology, its content, and the ParentMD™ Service and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the ParentMD™ Service. This Use Agreement is not a sale and does not convey to you any rights of ownership in or related to ParentMD’s™ technology, its content, the ParentMD™ Service, or the Intellectual Property Rights owned by ParentMD™. The ParentMD™ name, the ParentMD™ logo, and the product names associated with the ParentMD™ Service are trademarks of ParentMD™, and no right or license is granted to use them.
CHARGES AND PAYMENT OF FEES
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are noncancelable and all amounts paid are nonrefundable. All pricing terms are confidential, and you agree not to disclose them to any third party.
You should be aware that ParentMD™ may use a third-party payment processor (the “Payment Processor”) to link ParentMD™ to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the ParentMD™ Service will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit card issuer in addition to Use Agreement. ParentMD™ is not responsible for any errors by the Payment Processor or your credit card issuer.
Some ParentMD subscriptions include access to virtual pediatric services provided by Blueberry Pediatrics and its affiliates. Blueberry Pediatrics charges ParentMD $12 per subscriber per month to provide this service to ParentMD’s subscribers. The cost of this service is passed through to ParentMD’s subscribers with no mark-up and is included as a portion of the overall subscriber fee for the appropriate subscription package.
BILLING AND RENEWAL
ParentMD™ charges and collects in advance for use of the ParentMD™ Service. ParentMD™ will automatically renew and bill your credit card or issue an invoice to you for your current subscription amount where applicable or as otherwise mutually agreed upon; provided, however, you are not obligated to pay any fees or charges for which another party (e.g., your employer or health plan) has contractually agreed with ParentMD™ to pay on your behalf. Fees for other services will be charged on an as-quoted basis. ParentMD’s™ fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on ParentMD’s™ income.
NON-PAYMENT AND SUSPENSION
In addition to any other rights granted to ParentMD™ herein, ParentMD™ reserves the right to suspend or terminate this Use Agreement and your access to the ParentMD™ Service if your account becomes delinquent (falls into arrears) where any invoice is unpaid after the payment due date whether it is the responsibility of you or a third party.
TERMINATION FOR CAUSE
Any breach of your payment obligations or the payment obligations of another party who has contractually agreed with ParentMD™ to pay on your behalf, or any unauthorized use of the ParentMD™ Service, will be deemed a material breach of this Use Agreement. ParentMD™, in its sole discretion, may immediately terminate your password, account, access to, or use of the ParentMD™ Service if you breach or otherwise fail to comply with this Use Agreement. In addition, ParentMD™ may terminate a free account at any time in its sole discretion.
REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that it has the legal power and authority to enter into this Use Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the ParentMD™ Service and that your billing information is correct.
You agree to indemnify, defend, and hold ParentMD™ (including the ParentMD™ Service), its subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, and licensors harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, suits, fees (including attorneys’ fees and expert fees), and costs of any kind whatsoever arising directly and indirectly out of or in connection with (1) your use of and/or subscription to the ParentMD™ Service and any information (including the content and subject matter) you submit, post, transmit, or make available via the ParentMD™ Service or provide to ParentMD™ to make a purchase or initiate or manage a subscription; (2) your violation of this Use Agreement or any policy set forth in this Use Agreement; and (3) your violation of any applicable laws and regulations or rights of any third party.
DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK – FUNCTIONALITY
DISCLAIMER OF WARRANTIES – FUNCTIONALITY OF PARENTMD™ SERVICE
(A) PARENTMD™ AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PARENTMD™ SERVICE OR ITS CONTENT.
(B) PARENTMD™ AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT:
(1) THE USE OF OR SUBSCRIPTION TO THE PARENTMD™ SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (2) THE PARENTMD™ SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PARENTMD™ SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (5) ERRORS OR DEFECTS WILL BE CORRECTED; OR (6) THE PARENTMD™ SERVICE OR THE SERVER(S) THAT MAKE THE PARENTMD™ SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(C) PARENTMD™ DOES NOT AUTHORIZE ANY THIRD PARTY TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON ITS BEHALF.
(D) THE PARENTMD™ SERVICE AND ALL OF ITS CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
(E) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PARENTMD™ AND ITS LICENSORS HEREBY DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
ASSUMPTION OF RISK – FUNCTIONALITY OF PARENTMD™ SERVICE
THE USE OF THE PARENTMD™ SERVICE OR ANY PORTION OF THE PARENTMD™ SERVICE IS STRICTLY AT YOUR SOLE RISK. YOU HEREBY RELEASE PARENTMD™ AND ITS LICENSORS FROM ALL CLAIMS WHICH MAY RESULT FROM THE USE OF THE PARENTMD™ SERVICE OR ANY PORTION OF THE PARENTMD™ SERVICE, OR THE NEGLIGENCE OF PARENTMD™ OR ITS LICENSORS, BUT THIS PROVISION EXPRESSLY DOES NOT INCLUDE ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLAUSE, YOU ARE RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE.
DISCLAIMERS – HEALTHCARE SERVICES
PARENTMD™ AND THE PARENTMD™ SERVICE ARE NOT HEALTH CARE PROVIDERS AND DO NOT PROVIDE HEALTH CARE SERVICES.
THE PARENTMD™ SERVICE PROVIDES ACCESS TO THIRD-PARTY HEALTH CARE PROVIDERS TO ITS SUBSCRIBERS USING PARENTMD™’S OWNED OR LICENSED HEALTH EDUCATIONAL INFORMATION AND SOFTWARE, BUT UTILIZATION OF THIRD-PARTY HEALTH CARE PROVIDERS’ SERVICES WILL REQUIRE THE USER TO CONSENT TO AND COMPLY WITH THE TERMS AND CONDITIONS REQUIRED BY THE THIRD-PARTY PROVIDER AND ITS SOFTWARE AND/OR LICENSOR.
THIRD-PARTY HEALTH CARE PROVIDERS AVAILABLE TO USERS UNDER SUBSCRIPTIONS WITH PARENTMD™ ARE NOT AGENTS OR REPRESENTATIVES OF PARENTMD™ AND THEIR ACTIONS AND ADVICE DO NOT REPRESENT OR CONSTITUTE THE ACTIONS OR ADVICE OF PARENTMD. PARENTMD DOES NOT WARRANT, ENDORSE, OR ASSUME LIABILITY FOR THE ACTIONS OR ADVICE OF THE THIRD-PARTY HEALTH CARE PROVIDERS.
PARENTMD™ SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY HEALTH CARE PROVIDER PROVIDING ANY SERVICE, MEDICAL CARE OR ADVICE (INCLUDING BUT NOT LIMITED TO PRESCRIBING MEDICATIONS) THROUGH THE PARENTMD™ SERVICE.
The ParentMD™ Service is not a substitute or replacement for your pediatrician and your on-going patient-physician relationship and treatment plan with your pediatrician or other health care professional. The ParentMD™ Service is not meant for emergent or urgent medical situations or needs.
The ParentMD™ Service does not meet the minimum essential coverage (MEC) requirements imposed by the Patient Protection and Affordable Care Act (PPACA) or any minimum creditable coverage (MCC) requirements imposed by any state laws. The ParentMD™ Service is not a Qualified Health Plan under the PPACA.
The ParentMD™ Service is not insurance and is not intended to replace health insurance; it is an educational service available on a subscription basis.
You authorize ParentMD™ to use and publish any comments you choose to share about the ParentMD™ Service, such as comments shared in the ParentMD™ Satisfaction Survey, unless specified otherwise. ParentMD™ will only publish the comments with your first name and the state of requested service.
ParentMD™ does not warrant, endorse, or validate any information provided by a third party even if the information is about the ParentMD™ Service, whether through advertisements, promotions, communications, or other materials, and does not assume any responsibility or liability for the accuracy of such information.
ParentMD™ has the right to refuse access to the ParentMD™ Service to any person, agency, or organization, at any time, for any reason, or for no reason at all.
THE PARENTMD™ SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PARENTMD™ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION ON LIABILITY
(A) NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL PARENTMD™ (INCLUDING THE PARENTMD™ SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS BE LIABLE:
(1) IN ANY WAY FOR YOUR USE OF OR SUBSCRIPTION TO THE PARENTMD™ SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN ANY CONTENT, INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR SUBSCRIPTION TO THE PARENTMD™ SERVICE; OR
(2) FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER, ARISING FROM OR IN CONNECTION WITH THE PARENTMD™ SERVICE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE, OR OTHERWISE RESULTING FROM YOUR USE OF THE PARENTMD™ SERVICE.
(B) YOU HEREBY RELEASE PARENTMD™ (INCLUDING THE PARENTMD™ SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF ANY AND EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, RESULTING FROM YOUR USE OF OR ACCESS OR SUBSCRIPTION TO THE PARENTMD™ SERVICE OR THE NEGLIGENCE OF PARENTMD™ (INCLUDING THE PARENTMD™ SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS. TO THE EXTENT ALLOWED BY LAW, ANY LIABILITY OF PARENTMD™ (INCLUDING THE PARENTMD™ SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS FOR ANY CLAIMS YOU MAY HAVE AGAINST THEM IS LIMITED TO SUBSCRIPTION FEES ACTUALLY PAID BY YOU THAT ARE ATTRIBUTABLE TO THE APPLICABLE SERVICE, INCIDENT, OR AFFECTED PERIOD GIVING RISE TO SUCH CLAIM. THIS PROVISION EXPRESSLY DOES NOT INCLUDE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLAUSE, YOU ARE RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE.
Except as this Use Agreement specifically provides otherwise, you must provide ParentMD™ notice by calling or writing ParentMD™ at its registered address. ParentMD™ may provide you notice through one or more of the following: correspondence through general notice on the ParentMD™ Service, to your last known address, to any fax number or e-mail address you have provided ParentMD™, by calling you on any phone number you have provided ParentMD™, by voice message on any phone number you have provided ParentMD™, or by text message to any phone number you have provided ParentMD™ that accepts text messages.
CONTACTING YOU REGARDING BILLING AND COLLECTIONS
You expressly authorize, and specifically consent to allowing, ParentMD™ and any of ParentMD’s™ agents to contact you in connection with any and all matters relating to unpaid past due fees or charges you may owe ParentMD™. You agree that, for attempts to collect unpaid past due fees or charges, ParentMD™ and any of its agents may contact you at any mailing address, telephone number, cellular phone number, email address, or any other electronic address that you have provided, or may in the future provide, to ParentMD™. You agree and acknowledge that any e-mail address or any other electronic address that you provide to ParentMD™ is your private address and is not accessible to unauthorized third parties. For attempts to collect unpaid fees or charges, you agree that in addition to individual persons attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS
In those rare instances where your concern is not resolved to your satisfaction through calls to our customer care, you and ParentMD™ each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If the dispute is not resolved, you and ParentMD™ agree that the dispute will be resolved through individual binding arbitration or small claims court, instead of courts of general jurisdiction.
Mandatory Arbitration and Waiver of Class Action. Instead of suing in court, you and ParentMD™ agree to arbitrate all Disputes (as defined below) on an individual, non-representative, basis. You agree that, by accepting the terms and conditions of this Use Agreement, you and ParentMD™ are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.
In arbitration, there is no judge or jury. Disputes are instead decided by a neutral third-party arbitrator in a more informal process than in court. In arbitration, there is limited discovery and the arbitrator’s decision is subject to limited review by courts. However, just as a court would, the arbitrator must honor the terms and conditions of the Use Agreement and can award damages and relief, including any attorneys’ fees authorized by law.
“Disputes” shall include, but are not limited to, any claims or controversies against each other related in any way to or arising out of in any way the ParentMD™ Service or this Use Agreement, including, but not limited to, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if the claim arises after use of or access or subscription to the ParentMD™ Service has terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the ParentMD™ Service brings against ParentMD™ (including the ParentMD™ Service), its subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, or licensors; (b) you bring against a third party, such as a third-party health care provider of virtual services, that are based on, relate to, or arise out of in any way the use of or access or subscription to the ParentMD™ Service or this Use Agreement; or (c) ParentMD™ brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and ParentMD™, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before this Use Agreement or out of a prior Use Agreement or version of the Use Agreement with ParentMD™; (iii) claims that are subject to on-going litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of your use of or access or subscription to the ParentMD™ Service or this Use Agreement.
DISPUTE NOTICE AND DISPUTE RESOLUTION PERIOD.
Before initiating an arbitration or a small claims matter, you and ParentMD™ each agree to first provide to the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to ParentMD™ should be sent to ParentMD’s™ registered address and also to (if the registered address is different): ParentMD, Inc., 6414 St. Bernadette Avenue, Prospect, Kentucky 40059, Attn: Officers. ParentMD™ will provide a Notice of Dispute to you at your last known physical address or email address. ParentMD™ will assign a representative to work with you and try to resolve your Dispute to your satisfaction. You and ParentMD™ agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or ParentMD™ may commence an arbitration proceeding or small claims action.
ARBITRATION TERMS, PROCESS, RULES, AND PROCEDURES.
NO TRIAL BY JURY AND NO CLASS ACTION
IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS OR SUBSCRIPTION TO THE PARENTMD™ SERVICE OR THIS USE AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUNTERCLAIM, OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.
OTHER IMPORTANT TERMS
Subject to federal and state law or unless this Use Agreement specifically provides otherwise, your use of and access or subscription to the ParentMD™ Service and this Use Agreement is governed solely by the laws of the Commonwealth of Kentucky, without regard to conflicts of law principles. If either of us waives or doesn’t enforce a requirement under this Use Agreement in an instance, we don’t waive our right to later enforce that requirement. Except as this Use Agreement specifically provides otherwise, if any part of this Use Agreement is held invalid or unenforceable, the rest of this Use Agreement remains in full force and effect. This Use Agreement isn’t for the benefit of any third party except ParentMD’s™ subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, licensors, and predecessors and successors in interest. You can’t assign this Use Agreement or any of your rights or duties under it, unless ParentMD™ agrees to the assignment. ParentMD™ can assign this Use Agreement without notice. You cannot in any manner resell or provide access to the ParentMD™ Service or any of its content to another party. This Use Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements – you can’t rely on any contradictory documents or statements by sales or service representatives. The rights, obligations, and commitments in the Use Agreement that, by their nature, would logically continue beyond the termination of your use of or access or subscription to the ParentMD™ Service (for example, those relating to billing, payment, dispute resolution, no class action, no jury trial) survive termination of your use of and access and subscription to the ParentMD™ Service and this Use Agreement.
I have read this Use Agreement and I understand it. I agree to comply with it, on behalf of myself and on behalf of any other person on whose behalf I am or may in the future be seeking medical care. I understand and agree that if I fail to comply with the terms of the Use Agreement, I may be prohibited from using the ParentMD™ Service, and I will hold ParentMD™ harmless from any liability arising from my failure to comply. I hereby certify that I am at least eighteen years of age and possess the legal right and ability to enter into this Use Agreement under the name in which I have registered to use the ParentMD™ Service. I further certify that I am physically present in the state that I have designated at the time that I am accessing the ParentMD™ Service. I understand and acknowledge that my ability to access the ParentMD™ Service is conditional upon the above-mentioned criteria of my certification of age, legal authority, and physical presence at the time that I access the ParentMD™ Service.