Terms of service.
Posted May 1, 2024
Please Carefully Read These Terms And Conditions Of Use Before Accessing This Website
1. Welcome
Welcome to the My Pediatrician Friend (“MPF”) website and related services (the “Site”), which
is an interactive telehealth vehicle for the three sponsoring pediatric physicians, who are also
moms, (the “Pediatrician Moms”) to provide information and educational presentations, services
and products of interest for pregnant women, moms, their infants and children on healthcare
topics of interest to them. The Pediatrician Moms will also engage in “Conversations” (as
defined below) with pregnant women and moms to address their healthcare concerns and
demystify the care they and their newborns/infants are receiving from their treating OB/GYNs,
and pediatricians.
2. Use License, Revisions of Terms & Conditions; Termination of Use
This document sets forth the terms and conditions under which pregnant women and moms
(hereinafter collectively referenced as “Users”) are granted a limited, non-exclusive,
nontransferable Use License to access and actively participate in the Site’s telehealth 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.
MPF 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.
MPF may, at any time in is sole discretion, terminate a User’s access and use of the Site for any
violation of these Terms and Conditions. By way of example only, a User may be terminated at
any time when MPF, in its sole discretion, determines that the User is seeking an evaluation,
diagnosis, treatment, treatment plan or advice regarding any of the foregoing, for themselves or
their infant/child in violation of the prohibition on doing so because, as addressed below, the Site
does not provide Medical Advice (as defined below).
3. What This Site Is All About
MPF will be providing Conversations from fellow moms who are also pediatricians as a way to
support and empower Users. These conversations can offer explanations and reasoning behind
why your medical providers are pursuing a particular course of treatment. The Pediatrician
Moms can discuss what conversations might be helpful to have with your infant/child’s treating
provider or what additional steps may be helpful to pursue to obtain a better understanding of
your infant/child’s health. The Pediatrician Moms can debrief and explain any medical
appointment to make sure you understood the encounter fully.
In the end, the Pediatrician Moms are giving you informed opinions; but as the parent you
remain the ultimate decision maker and you may choose to agree or disagree with the
information the Pediatrician Moms share with you. The Pediatrician Moms do not replace your
treating pediatrician and always encourage discussions with your primary provider. The
Pediatrician Moms are ultimately an additional layer of support who strive to be a better
sounding board than internet searches and mommy social media boards.
MPF does not provide telemedicine. MPF does not diagnose or treat any medical illness. MPF
will not send prescriptions and cannot be used as an alternative to visiting your treating
pediatrician, urgent care or an emergency room. MPF does not have access to your infant/child’s
medical records or medical history, family history, or social history. Consequently, the
Conversations we have are exclusively based on the information a User provides. MPF does not
provide medical exams. Without a formal history or medical exam, it is impossible to give
medical advice. Even if a photograph is sent via text message, that does not suffice as a medical
exam. MPF instead is a general conversation based on individual factors a User shares with
MPF to help you navigate your next healthcare steps and make your own empowered decisions.
As addressed more fully below, MPF will store credit card information for those Users who
decide to become monthly subscribers. The Site uses QuickBooks (accounting software) and
Stripe (credit card processor) and the Site is powered by SquareSpace. Our Pediatrician Mom
email addresses are stored in Klaviyo. Our Conversations will be held on a HIPAA compliant
platform from our end called OhMD! But since Users will be texting on their own phone, they
should always be cautious about storing and managing their personal information, as also
addressed more fully below.
4. No Medical Advice
The entire contents of this Site, 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, and “Conversations” 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”). Not in any manner to
limit the all-inclusiveness of the foregoing, in any Conversations between Users and the
Pediatrician Moms, they will not provide any Medical Advice no matter how vigorously a User
requests that they do so.
When a User determines that they require Medical Advice for themselves, their unborn or
infants/children, they must seek the services of their treating 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, including any Conversations. The Content of this Site is not a
substitute for obtaining Medical Advice from the User’s treating or other healthcare provider.
5. MPF Privacy Policy; Notice of Privacy Practices
The personal information which a User Posts on the Site is governed by the My Pediatrician
Friend Privacy Policy and any e-PHI (as defined below) which a User Posts on the Site is
governed by the My Pediatrician Friend HIPAA compliant Notice of Privacy Practices. The
Privacy Policy sets forth how MPF collects, stores, uses and shares the personally identifiable
information of its Users. The Notice of Privacy Practices sets forth how MPF collects, stores,
uses and discloses the User’s e-PHI and that of its newborn/infant. (Both Policies are accessible
and downloadable from the Site.) Users acknowledge that they have read and understand these
Policies and consent to MPF dealing with their personally identifiable information and their e-
PHI, and that of their infant/children, in compliance with these Policies.
6. Risks of Telehealth Services
By accessing and using the Site, Users acknowledge and accept the potential risks associated
with telehealth services. These risks include, but are not limited to: (1) information, data,
medical and other records may be corrupted, lost, or delayed in transmission which may result in
miscommunications or errors in a communication between Users and the Site; (2) disruption or
breakdowns in electrical utility services, in internet or network services, or in electronic
equipment; (3) the activities of bad actors such as hackers, malware, ransomware and the like;
and (4) security breaches which, notwithstanding the security measures by the Site, its website
hosting company, SquareSpace, and the Site’s payment services provider, Stripe, can result in the
unauthorized disclosure and use of personal and personally identifiable information or the User’s
e-PHI and that of their infant/newborn.
Users acknowledge and accept that their transmission of personal and personally identifiable
information, and e-PHI to the Site is at their own risk; that MPF cannot guarantee and makes no
guarantees, warranties or representations regarding the cybersecurity of the Site; and that MPF is
not responsible for any unauthorized disclosure or use of such information notwithstanding the
Site’s cybersecurity measures and those of its hosting company and payment services provider.
7. Consent to Telephone Calls & Text Messages
By the act of providing their mobile phone number to MPF, a User is agreeing to
communications and Conversations, which may include the transmission of personal and
personally identifiable information and e-PHI through cellular telephone calls and text messages.
Users acknowledge their understanding that such calls and messages do not have the same level
of security protections as the Site because these communications are over networks that MPF
does not control and cannot impose on them the security measures that it has on its Site.
Users knowingly accept this risk in exchange for the convenience and ready accessibility to
MPF and its Pediatrician Moms which is afforded by these methods of communication. Users
waive and release MPF and its Pediatrician Moms from all obligations, responsibilities, and
liabilities for any breaches of User’s privacy and privacy-protected information, and that of their
infant/child resulting from the use of these communication methods.
A User is free at any time to opt-out from receiving cellular telephone calls and text messages
from MPF and its Pediatrician Moms by texting the word STOP to the following telephone
number 332-334-7737. MPF may confirm a User’s STOP text message by subsequently
texting the User one request to confirm their intent to stop receiving cellular telephone calls and
text messages. Upon the receipt of a confirming text message, MPF and its Pediatrician Moms
will not communicate any further with a User through these methods of communication.
8. User-Generated Content
If a User submits, uploads, posts, or otherwise places on the Site (hereinafter collectively
referenced as “Posts”) any comments, questions, or requests, any video, audio or other files,
images, or any other data/information (hereinafter collectively referenced as “User-Generated
Content”) such User-Generated Content: (1) shall be personal to the User and their infant/child;
(2) the User shall possess the absolute right or permission to Post such User-Generated Content
on the Site; (3)shall be truthful and accurate in all respects; (4) shall not include any personally
identifiable information (such as a name, phone number, location or email address, or any other
information through which the User’s identity, or that of its infant/child, could reasonably be
determined); (5) shall not include any personally identifiable information about any other person;
(6) shall not include any Protected Health Information (as defined below) about any person other
than the User or their infant/child; (7) shall not violate or infringe on the privacy, copyrights,
trademark, trade secret or intellectual property rights of any person or entity; or (8) shall not be
libelous, slanderous, defamatory or otherwise illegal or violative of any law.
A User shall not use a false name, email address, impersonate any person or entity, or otherwise
mislead as to the origin of their User-Generated Content.
The User represents and warrants to MPF that the User has the legal right or authorization to
Post all User-Generated Content on the Site for the purposes and use of it as set forth herein.
Users are and shall remain solely responsible and shall assume all obligations and liabilities for
the content of any User-Generated Content which they Post on the Site. MPF and its Pediatrician
Moms shall have no responsibilities, no obligations, and shall assume no liability for any User-
Generated Content which is Posted by any User on the Site. Users shall indemnify, defend, and
shall hold harmless, MPF and its Pediatrician Moms from any and all liabilities, injuries, losses
or damages of any nature or kind which arise out of, are related to, or are connected with, either
directly or indirectly, or in whole or in part, any User-Generated Content which is Posted on the
Site by a User, by anyone else on their behalf or at their direction or under their control, or
through the User’s acquiescence.
MPF reserves the right to remove from the Site any User-Generated Content for any reason
within the sole exercise of its discretionary authority. By Posting any User-Generated Content,
the User agrees that such Posting is non-confidential for all the purposes set forth herein, except
for Protective Health Information, as addressed below.
MPF is under no obligation, has no responsibility and no liability: (1) to maintain any User-
Generated Content in confidence; (2) to pay any User any compensation for any User-Generated
Content, or for any subsequent use of such User-Generated Content in operating the Site or
otherwise; or (3) whether to respond to, and the contents of any response to, any User-Generated
Content.
9. MPF Use License for User-Generated Content
With the exception of the User’s e-PHI or that of their infant/child, MPF shall have an unlimited,
royalty-free, irrevocable and transferable right and license to use the User-Generated Content in
whatever manner MPF determines, in the sole exercise of its discretion, for the purposes set forth
herein, including, without limitation, to use, display, post, reproduce, publish, distribute, or
otherwise disseminate, and to copy, modify, adapt, or create derivative works therefrom, and to
otherwise incorporate such User-Generated Content into any other form, medium, or technology
for the purposes set forth herein.
Not in any manner to limit the all-inclusiveness of the foregoing, and by way of example only,
MPF shall have the unlimited right to incorporate and otherwise use any such User-Generated
Content in its informational and educational content on the Site, including as an exemplar in a
Conversation or in providing any other services to any other User.
10. Disclosure of e-PHI & Conversations
The Site is on a HIPAA compliant platform, OhMD to ensure the privacy of a User’s e-PHI, and
that of their infant/child, which a User may download to the Site for purposes of a Conversation
with one of the Pediatrician Moms. Whether to so disclose such e-PHI for this purpose is a
decision to be made within the sole discretion of the User.
A Conversation is a dialogue between a mom and the Pediatrician Moms for the purpose of
answering any questions, addressing any concerns, providing additional educational or other
information about, or to explain, the healthcare consequences of an evaluation, diagnosis, a
particular treatment or treatment plan of their treating provider for themselves, their unborn,
infant or child. The goal of the Conversation is to educate and demystify such healthcare to
empower moms to have more input and control over their healthcare decision-making.
A Conversation is NOT for the purposes of the Pediatrician Moms reviewing the User’s e-PHI,
or that of their unborn, infant or child, to evaluate, diagnose, treat, develop a treatment plan or
advise regarding any of the foregoing. In other words, the Pediatrician Moms will NOT second-
guess the User’s treating provider but will assist the User in understanding the evaluation,
diagnosis, treatment and treatment plan of the User’s provider.
If during a Conversation a Pediatrician Mom determines, in the sole exercise of their discretion,
that a User is seeking Medical Advice, the Pediatrician Mom shall have the right to terminate the
Conversation and, upon electronic notice to the User, delete their e-PHI from the Site.
While the Site does have the necessary technical and other safeguards to ensure the privacy of
any e-PHI once it is downloaded onto the Site, a User is solely responsible for ensuring that the
transmittal of the e-PHI to the Site is on an electronic device, with appropriate hardware and
software, and through an electronic network and other transmittal means, which all have the
necessary technical and other safeguards to ensure such privacy. Users acknowledge that MPF
and its Pediatrician Moms have no responsibilities, obligations, and no liabilities for any losses,
damages, or injuries, whatsoever, for any security breach of a User’s e-PHI which occurs on
User’s electronic device or during electronic network and other means of transmittal, prior to the
completion of its downloading onto the Site.
Users acknowledge and accept that, for healthcare regulatory and other reasons, MPF may
audio record and maintain for some extended period of time any Conversation with a User.
Users, in accessing and using the Site, consent to such audio recording, and do so without
the requirement that the User be further notified of such recording of each individual
Conversation at the time and times when they occur.
Electronic Protected Health Information (e-PHI) is any information about the healthcare status, the providing of
healthcare services, or payment for healthcare, which information is created or collected by a covered entity and can
be linked to a specific individual, and which is transmitted stored, maintained or transmitted by electronic media.
11. User Social Media Posts
A User may decide to Post or otherwise place on Social Media Platforms 2 their User-Generated
Content and any other Content from the Site, and may decide to include in such posting/placing
their own personally identifiable information and/or e-PHI, and that of their infant/child. In
deciding to do so, the User must: (1) not alter Content, nor present it out-of-context, or in any
manner which misrepresents, distorts, modifies or otherwise changes the meaning, intent,
substance or contents of the Content;(2) not disclose the personally identifiable information of
any other person; (3) not disclose the e-PHI of any other person; (4) not infringe on the privacy
rights of any other person or entity; (5) not infringe or violate any legal rights or protections of
any person; and (6) must be posted/placed in compliance with these Terms and Conditions of
Use.
User acknowledges that any such posting/placing on any Social Media Platform is totally at their
own risk; fully accepts whatever consequences occur from such posting/placing; and further
acknowledges that MPF has no control over, nor any obligations, responsibilities or liabilities
for, any such consequences. Additionally, User acknowledges that it is their responsibility to
check the Terms and Conditions of Use and the policies, including privacy policy, of any Social
Media Platform before posting/placing any content on it.
A User shall not contact any other User of the Site through the Site or through text messages,
email, telephone call, mailings, any other method of communication, through a Social Media
Platform, or in person, unless this other User has expressly consented to such contract. A User
shall immediately cease any such contract upon the other User’s withdrawal of such consent.
12. Indemnification by User
User shall defend and indemnify and hold harmless MPF and the Pediatrician Moms from and
against any injuries, damages, losses, liabilities, judgments, costs or expenses (including
reasonable attorney’s fees and other litigation costs) and including for fines or penalties or
assessments, which arise out of, are related to, or are connected with, either directly or indirectly,
or in whole or part: (1) User’s use or access of the Site; (2) User’s breach of these Terms and
Conditions of Use; (3) any User-Generated Content or any other materials a User Posts, or
allows to be Posted, to the Site; (4) the use and access of the Site by anyone under your direction
or control, or your acquiescence in their use and access, (5) your intentional or negligent acts or
failures to act which result in anyone else using and accessing your User account; (6) any illegal,
Social Media Platform means a website or Internet medium that: (a) permits a person to become a registered user,
establish an account, or create a profile for the purpose of allowing users to create, share, and view user-generated
content through such an account or profile; (b) enables one or more users to generate content that can be viewed by
other users of the medium; and (c) primarily serves as a medium for users to interact with content generated by
other users of the medium. Examples of Social Media Platforms include Facebook, Twitter, Google Plus, You Tube,
Instagram, and Pinterest.
unlawful or other wrongful act, action or activity by the User or by anyone else under your
direction or control, or your acquiescence in their actions.
13. Account Set-Up
In order for a User to access the Site’s Content they must establish an account. Users must
provide true, current and complete information when registering to use the Site (“Registration
Information”), and must from time-to-time update their Registration Information as necessary to
ensure that it is currently true and complete. If at any time MPF concludes that a User’s
Registration Information is untrue, inaccurate not current or incomplete, then MPF may suspend
or terminate a User’s account. User is solely responsible for managing their account to ensure that it is used in compliance with
these Terms and Conditions of Use, and otherwise appropriately and in compliance with all laws,
including, but not limited to, ensuring that no person, other than the User, or an authorized
person on behalf of User, accesses and uses the account.
In establishing an account, a User will be required to create a unique password personal to them.
Users will be solely responsible for maintaining the confidentiality of their password by: (1)
controlling access, dissemination and use of it; (2) similarly monitoring and controlling access to
use of the User’s account; (3) immediately notifying the Site whenever the user has reasonable
cause to believe that the security of their password has been compromised; and (4) immediately
changing their password.
Users shall not take any other actions which would tend to compromise the security of their
accounts. A User’s account shall be suspended or terminated at any time when MPF concludes
that the security of a User’s account has been compromised.
User acknowledges their understanding and agreement that MPF and its Pediatrician Moms shall
have no obligations, responsibilities and no liabilities for any breach of the security of the User’s
account or password, or any unauthorized use or disclosure of any personal or other confidential
or legally protected information of User, their unborn, infant or child, unless such breach or
unauthorized use/disclosure is a direct result of any negligent action or failure to act by MPF.
14. E-Commerce
In order for a user to access and purchase the Site’s Content, they must provide MPF’s credit
card processor, Stripe, with a valid credit card number, expiration date, credit card security code
and all related personal and other information required by Stripe for it to process a User’s
payment for the products or services they purchase from the Site.
If a User enrolls to automatically make recurring payments, Stripe will bill all charges and fees to
the credit card the User designates during the set-up process until such time as the User cancels
such automatic charging of fees, or User’s access to the Site is suspended or terminated, as
permitted under certain circumstances as set forth herein. If a User changes their credit card or
other information which they previously provided to Stripe, this may temporarily delay the
User’s ability to make electronic payments while Stripe verifies their new payment information.
In making electronic payments, a User represents and warrants that: (1) the credit card and other
related information the User provides to Stripe is true, complete and current; (2) the User is the
person in whose name the credit card was issued; (3) the User is authorized to make purchases
with the relevant credit card; (4) the charges the User incurred will be honored by their credit
card company; and (5) the User will timely pay the charges they incurred in the amounts posted.
15. Purchase & Use of Educational Products
All printable, and downloadable audio and video educational products and other Content
represents the personal, professional medical/healthcare opinions of the Pediatrician Moms.
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.
16. Intellectual Property
The mark “My Pediatrician Friend” and its associated logo and tag line are the trademarks and/or
service marks, are the property of, and are owned by, The Kids Health Support Inc., a New York
State general business corporation doing business as “My Pediatrician Friend.” These marks and
the entire Content and design of this Site are protected by both common law and United States
statutory Copyright laws. A User may not copy, reproduce, republish, upload, post, display,
transmit, or frame any of these items without the prior written consent of The Kids Health
Support Inc.; except that, a User may view, download, display and print a single copy of these
items on a single computer for their personal, noncommercial use. The User may do so only
under the conditions that they: (1) do not alter or modify the items in any manner; (2) include all
applicable notices and disclaimers (including copyright notices); and (3) do not use the items in
any manner that suggests any association with MPF, its Pediatrician Moms and The Kids Health
Support Inc. (If a User posts/places any Site Content on a Social Media Platform, they must also
comply with the provisions of these Terms and Conditions of Use applicable to such
postings/placings).
Users acknowledge their understanding that the ownership of all these items remains exclusively
with The Kids Health Support Inc. and that the User, and any other person or entity, shall not
have any right title or interest in these items.
17. Non-Disparagement
During User’s access and use of the Site and its Content 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 MPF, its Pediatrician Moms, the Site, its Content or any actions/activities
by the Pediatrician Mom on the Site, or otherwise. Any such Disparagement by User will
constitute a material breach of these Terms and Conditions and will entitle MPF and its
Pediatrician Moms to all available remedies in the law, including, but not limited to, obtaining a
court order from a judge ordering 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 MPF, its Pediatrician Moms, the Site, its Content or any
actions/activities by the Pediatrician Moms on the Site or otherwise.
18. MPF Disclaimer
The use of, and reliance on, this Site and the Content is at the User’s own risk. The Site and the
Content are 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 MPF and its Pediatrician
Moms do strive to ensure the quality and competency of the Site and its Content, 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 and its Content.
19. Limitations of Liabilities
Except as set forth below in the next paragraph, in no event shall MPF and its Pediatrician Moms
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) any User’s
use of, or reliance upon, the Site and its Content and any actions or failures to act by the
Pediatrician Moms on the Site, or otherwise; (2) any delay, limitation, unavailability, disruption,
interruption or downtime in a User’s ability to access and use the Site and its Content; (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 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, MPF and its Pediatrician Moms 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 and its Content 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.
20. Links to Third Party Websites
This Site contains links to other sites operated by third parties. These sites have been selected
because MPF has determined that they contain information, services, and products which may be
of interest to Users considering their interest in this Site.
MPF has selected these third-party sites based on its evaluation of the quality of them. However,
MPF 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.
Users 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.
21. References to Third-Party Products & Services
In its informational/educational presentations and other Content, this Site may make references
to third-party products and services which may be of interest and usefulness for Users. MPF has
selected these products and services based on its evaluation of the quality of them. However,
MPF 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. Users use and reliance on them
is at their own risk. In some instances, when a User purchases a product or service from one of these third-party
merchants, they may pay a commission to MPF. In these instances, MPF will disclose that it is
being paid such a commission.
22. Referrals to Other Healthcare Providers
Upon request by a User, one of the Pediatrician Moms may make a referral to another healthcare
provider. These are providers who are known to the Pediatrician Moms and who share their
philosophy and approach to providing healthcare for pregnant moms, the unborn, infants and
children. However, My Pediatrician Friend and its Pediatrician Moms make no guarantees,
warranties, and no representations about the quality of care which these other healthcare
providers may provide for Users, their unborn, infants and children.
In the event a User concludes that this other healthcare provider has engaged in any medical
malpractice or other wrongful acts in their treatment of the User, their unborn, infant or children,
the User acknowledges their understanding and agreement that their only legal claim for
damages/injury, to remedy any such malpractice/wrongful acts, will only be against this other
healthcare provider.
23. User Release of Claims
User further acknowledges their understanding and agreement that in the event of any such legal
claim against this other healthcare provider, the User, and on behalf of their unborn, infant or
children and their Significant Other (hereinafter collectively referenced as “Releasors”) will not
have, and will not bring, any legal claim for damages/injury against MPF and its Pediatrician
Moms (hereinafter collectively referenced as “Releasees”). Releasors hereby release, waive, and
forgive (i.e., give up) any legal claims, including but not limited to medical malpractice, which
they may have against Releasees that arise out of, are related to, or are connected with, either
directly or indirectly, or in whole or in part, any medical or healthcare advice, consultation,
treatment, care or other services provided to Releasors by any other healthcare providers to
whom Releasors are referred by Releasees. User further acknowledges, represents and warrants
that they have discussed this release with their Significant Other who has authorized User to give
this release on their behalf.
24. 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 MPF, the Pediatrician Mons the User, their unborn, infant and children and the User’s 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 and its Content, 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 New York State 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 New York 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)
45 Broadway, New York, New York 10006. The JAMS rules for the arbitration of commercial-
related disputes can be found at www.jamsadr.com. The arbitration will occur in New York City,
in Manhattan, in the State of New York, or will be held at any location within the State of New
York, mutually agreeable to the Parties.
The fees and expenses of the arbitrator shall be borne equally by the Parties, unless MPF
agrees to bear all the fees and expenses of the arbitrator. 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 New York court having jurisdiction
thereof. An action to enforce or vacate any arbitration award will be adjudicated in a New York
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.
25. Force Majeure
MPF shall not be in breach of these Terms and Conditions of Use, nor shall it be in breach of its
Notice of Privacy Practices and its Privacy Policy, 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 MPF, 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.
26. Complete Agreement
These Terms and Conditions and the link to the MPF’s Notice of Privacy Practices and Privacy
Policy constitute the entire agreement between the Site and the User on their access and use of
the Site and its Content. These Terms and Conditions, Notice of Privacy Practices and Privacy
Policy can be modified, revised or supplemented only through MPF posting a revised, updated
Terms and Conditions, Notice of Privacy Practices, or Privacy Policy on the Site. Such
modified/revised supplemented documents become effective and binding immediately upon such
posting. A User’s access of the Site subsequent to such posting shall constitute the User’s
consent to these documents.
27. Choice of Law & Jurisdiction
The Parties, as defined in Section ______, Alternative Dispute Resolution; Arbitration
Agreement, hereby agree that these Terms and Conditions of Use and Users access and use of the
Site and its Content, and any and all other business or professional dealings and relationships
between the Parties shall be governed by and construed exclusively in accordance with the
federal and State of New York laws applicable to agreements made and to be entirely performed
within the State of New York, 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 New York, or the Federal District Court for the Southern District of New York, both venued in
New York County, (Manhattan), regardless of the physical location of any of the Parties when
accessing and using the Site and its Content. In agreeing to such exclusive jurisdiction, the
Parties hereby consent to the personal jurisdiction of the state and federal courts identified 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.