Terms & Conditions

PARENTMD™ SERVICE USE AGREEMENT Terms and Conditions

IF YOU BELIEVE YOU OR YOUR CHILD IS EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROVIDER IMMEDIATELY.

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE PARENTMD™ SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY AFFECT YOUR LEGAL RIGHTS.

TERMS OF USE

The ParentMD™ Service is an online information and communication service provided by ParentMD, subject to your compliance with the terms and conditions set forth below. Please read this Agreement carefully before accessing or using the Service.

PRIVACY AND SECURITY; DISCLOSURE

ParentMD’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that ParentMD can use such data in accordance with our privacy policies. We are committed to maintaining the confidentiality and security of your personal information.

LICENSE GRANT AND RESTRICTIONS

ParentMD grants you a personal, revocable, limited, non-exclusive, non-transferable license to use the Service for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service.

YOUR RESPONSIBILITIES

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for all activities that occur under your account. You agree to maintain the confidentiality of your password and account information. You must notify us immediately of any unauthorized use of your account.

INTELLECTUAL PROPERTY OWNERSHIP

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ParentMD, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

CHARGES AND PAYMENT OF FEES

You agree to pay all fees and charges associated with your subscription to the Service in accordance with the billing terms in effect at the time the fee or charge becomes payable. ParentMD reserves the right to change the fees and charges in effect, or to add new fees and charges from time to time.

BILLING AND RENEWAL

Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. Your subscription will automatically renew unless you cancel it before the renewal date. You authorize ParentMD to charge your chosen payment method for the renewal term.

NON-PAYMENT AND SUSPENSION

In addition to any other rights or remedies available to ParentMD, we may suspend or terminate your access to the Service if you fail to pay any fees when due. Late payments may be subject to interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less.

TERMINATION FOR CAUSE

ParentMD may terminate this Agreement and your access to the Service at any time, with or without cause, upon notice to you. Upon termination, your right to use the Service will immediately cease.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that you have the legal power and authority to enter into this Agreement. You further represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ParentMD, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PARENTMD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DISCLAIMERS – HEALTHCARE SERVICES

The content provided through the Service is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

INTERNET DELAYS

THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PARENTMD IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

LIMITATION ON LIABILITY

IN NO EVENT SHALL PARENTMD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.

NOTICE

ParentMD may give notice by means of a general notice on the Service, electronic mail to your email address on record in ParentMD's account information, or by written communication sent by first class mail to your address on record.

DISPUTE RESOLUTION AND ARBITRATION

Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the American Arbitration Association.

NO TRIAL BY JURY AND NO CLASS ACTION

YOU AND PARENTMD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

OTHER IMPORTANT TERMS

This Agreement constitutes the entire agreement between you and ParentMD and governs your use of the Service, superseding any prior agreements between you and ParentMD. The failure of ParentMD to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

ELECTRONIC SIGNATURE

By clicking on the "I Accept" button or using the Service, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. Your electronic acceptance shall have the same force and effect as if you had signed this Agreement in ink.