Your Pediatrician Friend, LLC Website Terms and Conditions
Posted November 4, 2024
1. Welcome
Welcome to the Your Pediatrician Friend, LLC (“YPF”) website and related services (the “Site”). The Site is offered by the sponsoring pediatric physician Dr. Kathryn Harrington (the “Pediatrician”) to provide information and educational presentations for pregnant women, mothers, fathers, and guardians (“Users”) on healthcare topics of interest to them (“Informational Services”).
The Pediatrician will also provide Membership Services to Members under a separate Membership Agreement and Virtual Consultations to Consultees under a separate Virtual Consultation Agreement to address certain healthcare concerns.
2. Informational Services; Use License, Revisions; Termination of Use
This document sets forth the terms of use under which “Users” are granted a limited, non-exclusive, nontransferable Use License to access the Site’s information and educational services for the User’s personal, non-commercial benefit. Users may not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, transfer any rights to or otherwise commercially exploit or attempt to exploit the Site and its Content (as defined below).
By clicking “I Accept” or other similar icon on the Site, or by accessing and using this Site and Content, the User acknowledges their understanding and consent to comply with these Terms and Conditions in such access/use. Users are permitted such Use License, to access/use the Site and Content, only if they do so in compliance with these Terms and Conditions.
YPF may modify or supplement these Terms and Conditions at any time, and from time-to-time; and such modifications/supplements shall become effective immediately upon their posting on this Site. Users agree to periodically review these Terms and Conditions to familiarize themselves with any such modifications/supplements. A User’s accessing and using the Site after the posting of any modifications/supplements shall constitute the User’s acceptance of them.
YPF may, at any time in its sole discretion, terminate a User’s access and use of the Site for any violation of these Terms and Conditions.
3. The Site and Informational Services Is Not Medical Advice
The entire contents of this Site and Informational Services, including printable texts, graphics, images, other documentation and materials, uploads and downloads, audio and video content and presentations, products and services, references to other websites and other healthcare providers on the Site, (hereinafter collectively referenced as “Content”), are for informational and educational purposes only. They are to assist Users in addressing their concerns, answering their questions, and heightening their understanding of their healthcare needs and the healthcare services they are receiving from their treating providers for themselves and their unborn or infants/children.
The Content of this Site shall never address or otherwise constitute the evaluation, diagnosis, treatment, a treatment plan or advice regarding any of the foregoing, for a User or their unborn or infants/children (hereinafter collectively referenced as “Medical Advice”).
When a User determines that they require Medical Advice for themselves, their unborn or infants/children, they must seek the services of their healthcare provider or engage the services of such a provider. Users are directed to never disregard or fail to follow the instructions and advice of their treating healthcare provider because of their accessing the Content provided by this Site. The Content of this Site is not a substitute for obtaining Medical Advice from the User’s treating or other healthcare provider.
5. Use of Educational Products
All printable, and downloadable audio and video educational products and other Content and represents the personal, professional medical/healthcare opinions of YPF and the Pediatrician. These educational products and Content are written from the perspective of general applicability and are not written to apply to any particular patient or medical case. Consequently, Users are on notice and acknowledge their understanding and agreement that they cannot and must not rely on these educational products and Content in evaluating their medical condition nor that of their unborn, infant or child; nor rely on it in making any decisions about a diagnosis or what is an appropriate treatment or treatment plan for themselves their unborn, infant or child. These educational products and Content are for the purpose of providing the User with an informed frame of reference from which to address these matters with their treating provider.
6. Intellectual Property
The mark “Your Pediatrician Friend” and its associated logo and tag line are the trademarks and/or service marks, are the property of, and are owned by, Your Pediatrician Friend, LLC, a Minnesota limited liability company. These marks and the entire design of this Site are protected by both common law and United States statutory Copyright laws. The User may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these items without the prior written consent of Your Pediatrician Friend, LLC. User acknowledges their understanding that the ownership of all these items remains exclusively with Your Pediatrician Friend, LLC and that the User, and any other person or entity, shall not have any right title or interest in these items.
7. Non-Disparagement
During User’s access and use of the Site, and for all time thereafter, User shall not, either directly or indirectly, through any other person or entity, engage in any Disparagement (as defined below) of YPF, its Pediatrician, the Site, or any actions/activities by the Pediatrician on the Site, or otherwise. Any such Disparagement by the User will constitute a material breach of these Terms and Conditions and will entitle YPF and its Pediatrician to all available remedies in the law, including, but not limited to, obtaining a court order from a judge ordering the User to delete, take-down or otherwise remove the Disparaging Communication(s) (as also defined below) and to cease and desist from making any further Disparaging Communications. Whether User has engaged in any Disparagement shall be determined based on the standard of what an ordinary, reasonable person of average sensibilities would consider to be Disparagement.
“Disparagement” shall mean the making of any statement or any other form of expression, whether verbal, electronic, written, or in any other form of communication or medium/media for communications, including, but not limited to, HealthGrades, RateMDs, WebMD, Yelp, and any other website or other internet site or other internet means for patients to rate physicians, (hereinafter collectively referenced as “Communications”), which would have a tendency to lower in esteem or reputation, demean, diminish, discredit, detract from, disparage, depreciate or ridicule, or which in any other manner would cause injury to the brand or reputation, either personally or professionally, of YPF, its Pediatrician, the Site, or any actions/activities by YPF, the Pediatrician, or otherwise.
8. YPF Disclaimer
The use of, and reliance on, this Site is at the User’s own risk. The Site is provided on an “as is” basis. The Site, to the fullest extent permitted by law, disclaims all guarantees, warranties, representations or endorsements, whatsoever, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, noninfringement of third-party rights, and fitness for a particular purpose, service, or use.
Without limiting the all-inclusiveness of the foregoing, and although YPF and its Pediatrician do strive to ensure the quality and competency of the Site and they make no guarantees, warranties, representations or endorsements whatsoever about the accuracy, reliability, completeness, timeliness, medical or healthcare or scientific validity, authoritativeness, or competency of the Site.
9. Limitations of Liabilities
Except as set forth below in the next paragraph, in no event shall YPF and its Pediatrician have any responsibilities, obligations or liabilities for any injuries, and for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, or for any losses or expenses (including reasonable attorney’s fees and other costs of litigation) and including for fines, penalties, assessments, or costs of investigation, which arise out of, are related to or are connected with, either directly or indirectly, or in whole or part: (1) the User’s use of, or reliance upon, the Site, and any actions or failures to act by the Pediatrician on the Site, or otherwise; (2) any delay, limitation, unavailability, disruption, interruption or downtime in the User’s ability to access and use the Site; (3) or any loss, corruption, or unauthorized disclosure or use of any User-generated content, including but not limited to any personal and personally identifiable information and e-PHI of the User their unborn or infant/child. This disclaimer of all such liabilities is all inclusive regardless of whether the liability is based on an alleged breach of warranty, contract, tort, (i.e. personal injury), professional liability (i.e. medical malpractice), or any other legal theory of liability.
With regard to all such liabilities, YPF and its Pediatrician shall only be liable to the User to the extent of the actual damages incurred by the User and not to exceed $1,000 in total for all such actual damages regardless of whether the damages allegedly occurred on one or more occasions.
For purposes of this disclaimer, the User acknowledges their understanding and agreement that it applies to the User, their unborn, infant, or child, and the User’s spouse, domestic partner, or significant other (hereinafter collectively referenced as “Significant Other”). The User warrants and represents that they have discussed with, and been authorized by, their Significant Other to consent and agree to this disclaimer on their behalf.
Any legal claims arising in connection with the User’s use of the Site must be brought within one (1) year of the date of the event giving rise to such claim. The remedies provided under these Terms and Conditions are exclusive and are limited to those expressly provided-for herein.
10. Links to Third Party Websites
This Site may contain links to other sites operated by third parties. These sites have been selected because YPF has determined that they contain information, services, and products which may be of interest to Users considering their interest in this Site.
YPF has selected these third-party sites based on its evaluation of the quality of them. However, YPF does not own, operate, maintain or control, and does not provide any content for; is otherwise not responsible for; does not endorse the content of; and does not guarantee nor warrant, nor make any representations about the substance, content, quality, accuracy, functionality, medical/healthcare or scientific validity, authoritativeness or competency, fitness for a particular purpose, service or use, merchantability, noninfringement on third-party rights, nor any other guarantees, warranties/representations about these third-party sites, the information, services, products, and all other content of them.
User’s accessing these third-party websites, and any reliance on the contents of them, is at their own risk and subject to the terms and conditions of use of such sites.
11. References to Third-Party Products & Services
On the Site, YPF and the Pediatrician may make references to third-party products and services which may be of interest and usefulness for User. YPF has selected these products and services based on its evaluation of the quality of them. However, YPF did not design nor develop these products or services; does not own, operate, maintain or control, and is otherwise not responsible for them; does not endorse them; does not guarantee nor warrant and does not make any representations about them, their quality, functionality, medical/healthcare or scientific validity or competency, fitness for a particular purpose, service or use, merchantability, noninfringement on third-party rights, nor any other guarantees, warranties/representations regarding these products and services. User’s use and reliance on them is at their own risk.
12. Alternative Dispute Resolution; Arbitration Agreement
Arbitration is defined as an alternative dispute resolution mechanism for resolving legal disputes between parties. It is an alternative to the resolving of legal disputes in a court of law with a judge and jury which is open to the public. Instead, an arbitrator, who is a private person selected by mutual agreement of the parties to the arbitration, conducts a hearing and decides the dispute in a confidential proceeding. For purposes of this arbitration agreement the “Parties” are defined as including YPF, the Pediatrician, the User, their unborn, infant and children and their Significant Other.
The User warrants and represents that they have discussed this matter with, and have been authorized by, their Significant Other to consent and agree to this agreement for arbitration on their behalf.
Except for the Parties’ rights to seek injunctive relief in aid of arbitration, all disputes, controversies, complaints, charges, causes of legal action, or claims, including but not limited to claims of medical malpractice, which arise under, are related to, or are connected with, either directly or indirectly, or in whole or in part, these Terms and Conditions of Use, the accessing and use of the Site, or any other business or professional dealings or relationships between the Parties (collectively “Disputes”), shall be settled exclusively by final and binding arbitration. Any claim for arbitration may be brought by either Party and will be timely only if brought within the time set by the appropriate Minnesota statute of limitations.
This Agreement to arbitration includes granting the arbitrator an expanded scope of exclusive authority to determine the enforceability of this arbitration provision, its applicability to, and the arbitrability of, any particular Disputes between the Parties, whether this provision for arbitration was properly invoked by any Party, and any and all other substantive and procedural questions or issues relating to the use of this arbitration process as the only means to resolve any Disputes between the Parties.
The arbitrator shall have the full authority to award all the same types of relief and remedies to the same extent as would be available to the Parties if the Dispute between them was being adjudicated in a Minnesota court of law.
The Parties acknowledge their understanding that under this provision for arbitration, they are giving up their rights to pursue the resolution of any Disputes between them through a lawsuit in a court of law and, specifically, they are giving up their rights to have any such Dispute decided by a trial with a judge and a jury.
The Parties agree and consent to the personal and exclusive jurisdiction necessary to subject themselves to such arbitration proceedings, awards, and judgments. Service of process in any such proceeding may be made by registered mail to the Party’s last known home or business street address, as applicable. The Parties agree to utilize an arbitrator designated by the rules for the arbitration of commercial disputes of JAMS, (Judicial Arbitration and Mediation Services) Minneapolis, Minnesota. The JAMS rules for the arbitration of commercial- related disputes can be found at www.jamsadr.com. The arbitration will occur in Minneapolis, in the State of Minnesota, or will be held at any location within the State of Minnesota, mutually agreeable to the Parties.
The fees and expenses of the arbitrator shall be borne equally by the Parties. Each Party shall pay such Party’s own fees and costs relating to any arbitration proceedings, including attorney and expert witness fees.
Any award rendered by the arbitrator shall be final and binding upon the Parties. Judgment upon any such award may be entered in any Minnesota court having jurisdiction thereof. An action to enforce or vacate any arbitration award will be adjudicated in a Minnesota court of law.
The Parties, their attorneys, accountants, tax and investment advisors, experts, expert and lay witnesses, and any and all other individuals who the Parties involve in this arbitration process shall for all time maintain the confidentiality of all aspects of this arbitration process. Each Party shall be responsible for advising all these other individuals, who each Party involves in this arbitration process, of this obligation to maintain this confidentiality. A Party shall be responsible for any breach of this confidentiality obligation by any individual who that Party involves in this arbitration process.
Any breach of this confidentiality obligation may itself be submitted to arbitration as provided herein. The arbitrator shall have the authority, in addition to any other remedy he/she may award, to order the forfeiture of any monetary remedy previously awarded to the Party found by this arbitrator to be in breach of this confidentiality obligation. In addition, either Party may seek injunctive relief to enforce this confidentiality obligation.
This confidentiality obligation shall include, but is not limited to, the Parties, and all the individuals who the Parties involve in this arbitration process, not directly placing, or indirectly causing to be placed by any other person or entity, any information or any other content, of any nature or kind, about any aspect of the arbitration process, about the Parties, the arbitrator, and/or about any other individual involved in the process, on any form of social media, including, but not limited to, Facebook, Twitter, any blogs, chat rooms, or any other form of electronic media and communications, whether on the internet or otherwise, as well as any written communications, in any format, and all verbal communications.
In the event that any court of law finds that any provision of this agreement for arbitration is unenforceable or otherwise contrary to public policy, the court shall have the right to delete or modify that provision and enforce the remaining provisions of this agreement.
In the event that for any reason this provision for arbitration is held by any court to be unenforceable, then the Parties agree to waive their right to a trial by a judge and jury of any Dispute between them and shall have all such Disputes decided by a judge alone, hearing the Dispute without a jury.
13. Choice of Law & Jurisdiction
The Parties, as defined in Alternative Dispute Resolution; Arbitration Agreement, hereby agree that these Terms and Conditions and User access and use of the Site, and any and all other business or professional dealings and relationships shall be governed by laws of the State of Minnesota laws applicable to agreements made and to be entirely performed within the State of Minnesota, without any resort to its conflicts of law provisions.
The Parties hereby also agree to the exclusive jurisdiction of either the State courts of the State of Minnesota, or the Federal District Court for the District of Minnesota, both venued in Hennepin County, Minnesota, regardless of the physical location of any of the Parties when accessing and using the Site. In agreeing to such exclusive jurisdiction, the Parties hereby consent to the personal jurisdiction of the state and federal courts in Minnesota herein and waive (i.e., give-up), any claim that these courts are an inconvenient location for them to appear and to participate in any proceedings in these courts.
14. Force Majeure
YPF shall not be in breach of these Terms and Conditions, and shall not have any obligations, responsibilities nor any liabilities for any such breach, which is due to or as a result of any event or occurrence beyond the reasonable control of YPF, such events or occurrences include but are not limited to, acts of God, terrorism, war, including electronic warfare, civil disorder, strikes, weather conditions, or other natural or man-made disasters, public health emergency, acts of terrorism, failures of any networks or internet connectivity, electrical shortages or outages, or any bad acts by third parties which disrupt the internet or other electronic communications generally or specifically for the Site.
15. Complete Agreement
These Terms and Conditions constitute the entire agreement between YPF/Pediatrician and User on the User’s access and use of the Site. These Terms and Conditions can be modified, revised or supplemented only through YPF posting a revised, updated Terms and Conditions on the Site. Such modified/revised supplemented documents become effective and binding immediately upon such posting. User’s access of the Site subsequent to such posting shall constitute the User’s consent to these documents. YPF may, at any time in its sole discretion, terminate a User’s access and use of the Site for any violation of these Terms and Conditions.