IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS SITE, APP OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND YOU UNDERSTAND THE RIGHTS, OBLIGATIONS, AND CONDITIONS SET FORTH HEREIN AND AGREE TO BE BOUND BY THEM. This is a legal agreement between you and PM Pediatrics Management Group, LLC, a New York limited liability company, and its authorized agents and affiliates (“PM Pediatrics”, “we”, “us” or “our”). You agree to be bound by these terms and conditions of service (these “Terms”) when you access or use any website, mobile application, or any service (including SMS text messaging service) that is organized or provided by PM Pediatrics. Each of these is an “Online Service” to which these Terms apply. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN YOU MAY NOT VISIT, DOWNLOAD, ACCESS OR USE THE ONLINE SERVICE, AND YOU MUST PROMPTLY UNINSTALL ANY APPLICATION FROM YOUR DEVICES.
A. Special Sections.
Text Messaging: If you opt to receive text messages from us, Section G applies.
B. Who May Use The Online Service.
By using the Online Service, you represent that you are at least eighteen (18) years of age, and if you are not, you may only use the Online Service with the full and express consent of your parent or legal guardian, or else you must immediately stop using the Online Service. You acknowledge that your use of the Online Service contemplates our receipt and use of personally identifiable information relating to minors under the age of eighteen (18) years (“Minors”). If you are using the Online Service on behalf of a Minor, you represent that you are fully authorized to accept these Terms and use the Online Service on such Minor’s behalf, and to provide us with personal and health information about such Minor. Any other use is unauthorized and constitutes an infringement and violation of these Terms and of PM Pediatrics’ intellectual property and other rights. We may also require you to create and use an account with PM Pediatrics to use all or certain features of the Online Service.
C. NO MEDICAL ADVICE; NOT A MEDICAL APP.
The Online Service is not intended to function as a medical app or service; it is not intended to be used as an accessory to a regulated medical device; and it is not intended to transform a mobile platform into a regulated medical device. You acknowledge and agree that the Online Service is not intended for any of the following uses: diagnosis of disease or other conditions; the cure, mitigation, treatment, or prevention of disease; or to affect the structure or any function of the human body. Accordingly, you agree as follows:
ALL INFORMATION ON MEDICAL AND RELATED TOPICS PROVIDED THROUGH THE ONLINE SERVICE IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND FOR INFORMATIONAL PURPOSES ONLY. UNDER NO CIRCUMSTANCES IS THE INFORMATION CONTAINED ON THE ONLINE SERVICE TO BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION, AND YOU AGREE THAT THE ONLINE SERVICE DOES NOT PROVIDE ANY DIAGNOSIS OR TREATMENT, AND DOES NOT ENROLL OR ESTABLISH YOU OR ANY MINOR AS A PATIENT OF PM PEDIATRICS. NEITHER THE ONLINE SERVICE NOR THE INFORMATION IT PROVIDES ESTABLISH OR CREATE A DOCTOR/PATIENT RELATIONSHIP IN ANY MANNER WHATSOEVER, WITH YOU OR WITH ANYONE ELSE.
You agree to seek and obtain any and all diagnosis and treatment information of any medical condition from a physician personally and directly involved in your care or the care of a Minor. Any health tips, blog postings (including the “Dear Dr. Christina” column) or other health-related information provided through the Online Service are of a general informative nature, not to be used in any diagnosis or treatment. IN THE EVENT OF ANY MEDICAL EMERGENCY OR OTHER EMERGENCY SITUATION, YOU WILL NOT RELY ON THE ONLINE SERVICE, AND INSTEAD YOU WILL CONTACT A HOSPITAL, LOCAL 911 SERVICES OR YOUR OR YOUR MINOR’S PHYSICIAN. The professional entities and physicians affiliated with PM Pediatrics are licensed to practice medicine in the locations listed on our website, www.PMPediatrics.com, and the Online Service does not, and is not intended to, solicit patients from other states.
Accordingly, you agree to indemnify, defend and hold harmless PM Pediatrics, and its parents, affiliates, subsidiaries, directors, offers, employees, physicians and medical staff, agents, and business partners (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings and suits, and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney’s fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your violation or breach of this Section of these Terms or misuse of the Online Service.
D. Scope of License.
PM Pediatrics grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the Online Service and features provided herein solely in connection with the purposes for which the Online Service was designed. You may download, view and/or run a copy of the Online Service on one or more of your mobile devices or computers, solely to use the features and information provided therein for the purposes for which they were designed. You agree that all features of the Online Service may not work well or at all on any device or computer.
You may not do any of the following: (1) distribute or make the Online Service available over a network where it could be used by multiple devices at the same time; (2) rent, lease, lend, sell, redistribute, sublicense, act as a service bureau, or grant rights in the Online Service; (3) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Online Service, any updates, or any part thereof; (4) intercept, examine or otherwise observe any proprietary communications protocol used by the Online Service, whether through the use of a network analyzer, packet sniffer or other device; (5) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Online Service or any website, application or service organized or provided by PM Pediatrics or existing on any of our network hardware or infrastructure; (6) use the Online Service to institute, assist, or become involved in any type of attack, including denial of service attacks, upon any party; (7) commit trespass or act in a manner that intentionally burdens network capacity; (8) use the Online Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; or (9) provide us sensor data (such as microphone, camera, fitness or other data) that you are not authorized to provide. Any attempt to do any of the foregoing is a breach of these Terms and automatically subjects you to any and all claims and liability available under the law, including without limitation contract breach and intellectual property infringement. If you breach any of these restrictions, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by PM Pediatrics that replace and/or supplement the Online Service.
F. Privacy; Collection and Transmission of Data and Information.
Use of certain features of our mobile application may require enabling access to information provided by your mobile device. For example, the “Save My Spot” feature may use geolocation data to find a provider near you, and it may access your phone dialer to call a location. Other features may add appointments to your calendar or access your camera, phone or other sensor data. If you do not grant the mobile application access, then these features may work partially or not at all. PM Pediatrics disclaims any warranty that any feature will be available on any particular device.
G. Consent To Receive Text Messages.
Some of our Online Services have a feature that sends messages to your wireless phone or device, for example, reminding you of an appointment or updating you about your appointment status and wait time. If the Online Service has a feature to send you SMS text messages and you provide your mobile telephone number to us, you agree that the act of providing your mobile telephone number to us constitutes your consent to receive SMS text messages from PM Pediatrics or on our behalf and you acknowledge that your wireless or mobile carrier may apply extra charges and fees. You may revoke this communication authorization at any time by contacting CustomerSupport@PMPediatrics.com.
Unless otherwise specified or required, the Online Service is free for you to download and use. Our mobile application does not require you to make any payments to unlock any features or functionality and does not use “in app payments”. The Online Service may facilitate your ability to make payments to PM Pediatrics for products and services provided to you separately from the mobile application and billed to an account that you may have with PM Pediatrics. By authorizing any payment through the Online Service, you agree to these payment terms.
You agree that ensuring and confirming all necessary payments remains your sole responsibility. PM Pediatrics shall have no responsibility for failure of the Online Service to transmit payments on time, and we are not and cannot be responsible for any inaccuracy, error, delays, omission, non-performance, interruption or other failure of any data, information or message caused by flaws or other problems with the Online Service, Internet outages, network delays, interceptions of data or information, changes in third party payment processors and processing networks, bank restrictions, other similar events or conditions, or any “force majeure” events that may prevent your payment requests from being fulfilled. TO THE EXTENT THAT INABILITY TO PAY YOUR BILLS ON TIME USING THE ONLINE SERVICES CAUSES YOU TO INCUR ANY FEES OR PENALTIES, OR EXPOSES YOU TO LIABILITY OR OTHER CLAIMS BY A GOVERNMENTAL AUTHORITY OR ANY THIRD PARTY, YOU AGREE TO RELEASE PM PEDIATRICS AND HOLD PM PEDIATRICS HARMLESS FROM ANY AND ALL RESPONSIBILITY FOR SUCH INABILITY TO PAY.
I. Suspension; Termination.
PM Pediatrics reserves the right to change, suspend, remove, disable or terminate access to the Online Service at any time without notice, for any or no reason, and with no liability or responsibility to you. PM Pediatrics may also impose limits on the use of or access to the Online Service, in any case and without notice or liability. These Terms and your license to use the Online Service are effective until terminated by you or PM Pediatrics. You may terminate your agreement with these Terms and your obligations hereunder by ceasing all use of the Online Service and deleting any mobile or other application related to the Online Service from each of your devices. If you fail to comply at all times with these Terms, your license to use the Online Service will terminate automatically and without any notice from PM Pediatrics, and your continued use after termination exposes you to legal liability to PM Pediatrics, which PM Pediatrics may pursue to the fullest extent permitted by law, including the pursuit of money damages or injunctive relief at our discretion. Upon any termination of the license, you shall cease all use of the Online Service and destroy all copies, full or partial, of the Online Service.
J. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE ONLINE SERVICE AND INFORMATION CONTAINED THEREIN IS PERFORMED OR PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PM PEDIATRICS MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE ONLINE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR PERFORMANCE, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, CURRENCY OR COMPLETENESS OF INFORMATION, OF ACCURACY OR CURRENCY OF GEOLOCATION DATA, OF ACCURACY OR CURRENCY OF DRIVING OR TRANSPORTATION DIRECTIONS, OF QUIET ENJOYMENT, OF NON-INFRINGEMENT, OF FUNCTIONALITY, OF AVAILABILITY, OF NETWORK CONNECTIVITY AND TRANSMISSION, OF ABILITY TO ACCESS OR USE THE ONLINE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, OF QUALITY OF TRANSLATIONS, OF NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE ONLINE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE ONLINE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ONLINE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE ONLINE SERVICE WILL BE CORRECTED, OR THAT THE ONLINE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PM PEDIATRICS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on applicable statutory rights of a consumer, so certain of the above exclusions and limitations may not apply to you.
K. LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PM PEDIATRICS BE LIABLE FOR PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR SALES, LOSS OR CORRUPTION OF DATA, LOSS OF USE OF YOUR DEVICE, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ONLINE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. PM PEDIATRICS SHALL HAVE NO (ZERO) LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE ONLINE SERVICE, THE USE OF WHICH IS PROVIDED TO YOU FREE OF CHARGE. IF PM PEDIATRICS CHARGED A FEE FOR THE ABILITY TO DOWNLOAD, USE OR VIEW THE ONLINE SERVICE, THEN THE TOTAL LIABILITY OF PM PEDIATRICS TO YOU FOR ALL DAMAGES SHALL NOT EXCEED THE AMOUNT OF FIFTY UNITED STATES DOLLARS (US $50.00).
L. Third Party Content, Services and Materials.
The Online Service may (1) enable access to services, web sites or platforms (including social media platforms) organized or provided by third parties, or (2) display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). For example, the “Save My Spot” feature may use a third party vendor and service. The “Dear Dr. Christina” page may invite you to follow Dr. Christina on the Facebook or Twitter social media platforms. Third Party Materials and links to other web sites are provided solely as a convenience to you. By using the Online Service, you acknowledge and agree that PM Pediatrics is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, language availability, appropriateness, availability or any other aspect of such Third Party Materials. You are responsible for complying with applicable laws and website and online policies for all sites or platforms when you view or use the Online Service and any Third Party Materials, and also when you use sharing features of the Online Service to post or share certain content or links on third party platforms. PM PEDIATRICS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THIRD PARTY MATERIALS. WE DO NOT ENDORSE OR ASSUME ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY MATERIALS.
Use of all features of the Online Service may require an Internet access plan, a phone plan, or other third party connectivity service plans, and you are bound by the terms of service of any such third party service plan. PM Pediatrics does not provide any such service plans and has no responsibility for any such plan.
Although PM Pediatrics does not intend for the Online Service to contain objectionable content, you understand and acknowledge that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Online Service at your sole risk and that PM Pediatrics shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
The Online Service is licensed and not sold. PM Pediatrics reserves all rights not expressly granted to you by these Terms. The information, text, content, images, videos, data, look and feel, color scheme, logos (including the “Captain PM” logo), and all other material contained on this website are subject to copyright, patent, trademark and other intangible rights protection. You may not use such material except as part of the Online Service and in accordance with these Terms. No portion of the Online Service may be reproduced in any form or by any means, except that you may use sharing features available from within the Online Service (but only to the extent facilitated by such sharing feature). We do not grant you any other rights to such material.
N. User Provided Content; Feedback.
The Online Service may provide you with an opportunity to submit text or ideas, including question submissions, cover letters, resumes, feedback about the Online Service, customer service interactions, and any other text, images, ideas or other content and material that you provide (“User Feedback”). You hereby grant us a nonexclusive, worldwide, perpetual, irrevocable, unlimited, fully paid up, royalty-free, transferable, assignable and sublicensable right and license to use and exploit the User Feedback in any manner, in any medium now or hereafter discovered, and for any and all commercial or non-commercial purposes, including modifying and preparing derivative works thereof which PM Pediatrics shall exclusively own. PM Pediatrics may use the User Feedback without any duty to provide notice to, obtain the consent of, account to or otherwise be subject to any obligation or duty to you. You irrevocably and forever release and discharge PM Pediatrics and its employees and agents from any and all claims relating to our use of the User Feedback, including any and all attribution or other rights known as “moral rights”.
O. Location Information; Driving Directions.
Location data and/or any driving directions provided or used by the Online Service is provided solely to enhance the usefulness and effectiveness of the Online Service and for basic navigational purpose only. Such data and directions are NOT intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither PM Pediatrics, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Online Service. If you use any driving directions provided through the Online Service, you are solely and exclusively responsible for your own compliance with all applicable rules and regulations. PM Pediatrics shall have no liability or responsibility to you arising out of the driving instructions, and you hereby irrevocably release and hold PM Pediatrics harmless from any and all liability, claims and damages arising out of your operation of any motor vehicle on roads or other motorways while using the Online Service.
P. Governing Law.
The laws of the State of New York (other than rules that would apply the law of other states) govern these Terms and your use of the Online Service. Your use of the Online Service may also be subject to other local, state, national, or international laws. The exclusive jurisdiction and venue for any actions that you bring against PM Pediatrics relating to your use of the Online Services shall be the courts located in or having jurisdiction over Nassau County in the State of New York. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. UNLESS PROHIBITED BY YOUR JURISDICTION, YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN OR CONSOLIDATE YOUR CLAIMS AGAINST PM PEDIATRICS WITH THE CLAIMS OF THIRD PARTIES.
PM Pediatrics may update these Terms at its discretion and from time to time. It is your responsibility to review these Terms fully and to continue using the Online Service only if you agree to these Terms. PM Pediatrics may notify you of minor updates to these Terms via email or web notification, and for more significant changes, we may require you to accept such change by a click or other action before you are permitted to continue using the Online Service (for example, via a pop-up screen or popover message). Your continued use of the Online Service constitutes your consent to all amendments made to this EULA, and you must consent to all updates in order to continue using the Online Service.
R. Platform Independent; Custom EULA.
These Terms apply to your use of the Online Service, regardless of the platform through which you obtained access to it (for example, through a web browser on a computer or from Apple’s App Store® or the Google Play™ store). However, the platform may require you to agree to additional terms between you and the platform provider. We are not responsible for any third party terms. To the extent applicable and permissible, these Terms constitute a “custom end user license agreement” and replace and supersede any form agreement that a platform may provide.
S. Export Controls.
You may not use or otherwise export or re-export the Online Service except as authorized by United States law and the laws of the jurisdiction in which the Online Service was obtained. In particular, but without limitation, the Online Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Online Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Online Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Online Service and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms.
T. Contact; Miscellaneous.
If you have questions or requests regarding these Terms, you may direct them to us by writing to CustomerSupport@PMPediatrics.com or calling our corporate office at (516) 869-0650. Requests or notifications such as copyright takedown requests under the DMCA (Digital Millennium Copyright Act) or domain-related complaints under UDRP (Uniform Dispute Resolution Policy) must also be notified to us in the same manner. These Terms may not be used without our prior written consent.
Last updated: July 12, 2017.