Terms of Use

Last Modified: February 28, 2024

Terms of Use

PLEASE READ THESE TERMS OF USE, INCLUDING ALL POLICIES INCORPORATED HEREIN BY REFERENCE, CAREFULLY BEFORE YOU START TO USE THE ONLINE SERVICE PLATFORM. BY USING THE ONLINE SERVICE PLATFORM  OR BY CLICKING TO ACCEPT AND AGREE TO THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE WHICH INCLUDES OUR PRIVACY POLICY , NOTICE OF PRIVACY PRACTICES, FINANCIAL POLICY TOGETHER WITH ANY RELATED DOCUMENTS (COLLECTIVELY,  “TERMS OF USE“), ALL OF WHICH ARE EXPRESSLY INCORPORATED HEREIN BY REFERENCE.  BY CLICKING TO ACCEPT, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREED TO THESE TERMS OF USE, INCLUDING THE POLICIES AND DOCUMENTS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE ONLINE SERVICE PLATFORM .

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Hello Pediatrics Medical Group, PLLC (“HP,” “we,” “our” or “us“), and govern your access to and use of https://hellopediatrics.com, including any content, functionality, and services such as our patient portal, chat feature or App offered on or through https://hellopediatrics.com/ (the “Online Service Platform” or “Service”).

Age Restriction and Parental Consent: Your access to and use of this Online Service Platform is strictly contingent upon your being at least eighteen (18) years of age. If you are under eighteen (18), you may only access and use the Service with the express, prior written consent of your parent or legal guardian (collectively, “Parental Consent”). Any use of the Service in violation of this Age Restriction shall be deemed unauthorized and a violation of these Terms and Conditions.  The Service may collect and process personally identifiable information relating to individuals under the age of eighteen (18) (“Minors”). If you are accessing and using the Service on behalf of a Minor, you hereby represent and warrant that you: (a) are duly authorized to accept these Terms on the Minor’s behalf and bind the Minor to their obligations hereunder; and (b) possess the legal capacity to provide us with any and all personal and health information relating to the Minor. Any unauthorized use of Minor data or misrepresentation regarding your authority to act on a Minor’s behalf shall constitute a material breach of these Terms and may result in legal action.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.  These changes apply to all access to and use of the Online Service Platform thereafter.

Your continued use of the Online Service Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this each time you access this Online Service Platform so you are aware of any changes, as they are binding on you.

Accessing the Online Service Platform and Account Security

We reserve the right to terminate, suspend, modify or amend this Online Service Platform, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Online Service Platform is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Online Service Platform  or the entire Service.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Online Service Platform
• Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them.

To access the Online Service Platform  or some of the services it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Online Service Platform  is correct, current, and complete. You agree that all information you provide to register with this Online Service Platform  or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Online Service Platform  or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Online Service Platform  and its entire contents, its features, and functionality (including but not limited to all proprietary and confidential information, other information, software, text, displays, graphics, images, video, and audio, and the design, selection, and arrangement thereof), and any suggestions, ideas or other feedback provided by you, are the sole and exclusive property of HP, 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.

You are granted a limited, personal, non-exclusive, non-transferable, and revocable right to use the Service and its features solely for the purposes for which the Service was designed. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Online Service Platform, except as follows:

• You may be permitted to download, view, and/or run the Service on one or more of your mobile devices or computers, exclusively for the purpose of utilizing the features and information intended for their designated purposes. You acknowledge that certain features of the Online Service may not function properly or may not work at all on certain devices or computers.

You must not access or use for any commercial purposes any part of the Online Service Platform or any services or materials available through the Service.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Online Service Platform  in breach of the Terms of Use, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Online Service Platform  or any content on the Service is transferred to you, and all rights not expressly granted are reserved by HP. Any use of the Online Service Platform  not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

HP and our service providers, may use, copy, reproduce, modify, analyze, perform, display, distribute and otherwise disclose to third parties any data for purposes of providing Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features (including the use of Artificial Intelligence), products and services of HP using such data.

Trademarks

The HP name, and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HP or its affiliates or licensors. You must not use such marks without the prior written permission of HP. All other names, logos, product and service names, designs, and slogans on this Online Service Platform  are the trademarks of their respective owners.

Prohibited Uses

You may use the Online Service Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Online Service Platform:

• To engage in actions such as renting, leasing, lending, selling, redistributing, sublicensing, acting as a service bureau, or granting rights in the Service.
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To intercept, examine, or otherwise observe any proprietary communications protocol used by the Service.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate HP, an HP employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Online Service Platform , or which, as determined by us, may harm HP or users of the Service, or expose them to liability.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Online Service Platform for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Online Service Platform , or for any other purpose not expressly authorized in these Terms of Use.
• Use any device, software, or routine that interferes with the proper working of the Service or its network.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Online Service Platform is stored, or any server, computer, or database connected to the Service.
• Attack the Online Service Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Online Service Platform.

Engaging in any of the aforementioned actions constitutes a violation of these Terms and subjects you to all claims and liability available under the law. If you breach any of these restrictions, you may be subject to prosecution and damages.

User Contributions

The Online Service Platform  may contain interactive features (collectively, “Interactive Services“) that allow users 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 (hereinafter, “post“) (collectively, “User Contributions“) on or through the Service.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Online Service Platform , you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assign the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose or according to your account settings.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not HP, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Online Service Platform.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Online Service Platform or the public, or could create liability for HP.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
• Terminate or suspend your access to all or part of the Online Service Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Online Service Platform . YOU WAIVE AND HOLD HARMLESS HP AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BYANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not review all material before it is posted on the Online Service Platform  and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Misrepresent your identity, medical history, or symptoms or deceive any person including a healthcare provider.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by HP or any other person or entity, if this is not the case.

Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe, in good faith, that content or material on our Online Platform Service infringes a copyright owned by you, you (or your agent) may send HP a notice requesting that the material be removed or access to it blocked. Notices and counter-notices with respect to the Services should be sent to the applicable address below: Company Contact Hello Pediatrics Medical Group, PLLC Attn: Compliance/DMCA Registered Agent 13135 Route 50, Suite 300, Fairfax, Virginia, and compliance@hellopediatrics.com. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. It is the policy of HP to terminate the user accounts of repeat infringers.

Not Medical Advice

Upon contacting us, you will likely be directed to one of our intake specialists or another person who is not a licensed healthcare provider (a “Provider”) so that they can help connect you to an appropriate Provider or recommend that you go to an Urgent Care Center or Hospital Emergency Room.  You should assume that any person with whom you communicate through this website or otherwise at HP is not a Provider unless she or he identifies herself or himself as a licensed healthcare provider.  Accordingly, you should not consider the advice or guidance of any such person who is not identified as a licensed healthcare provider as providing medical or clinical care, advice or services.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

By using the Service, you certify that you are physically located in the state you indicated on the Online Service Platform. You acknowledge that your ability to access and use the Service is contingent upon the accuracy of this certification, and Providers rely on this certification to interact with you. If your certification is inaccurate, you agree to indemnify us and the Providers you interact with from any resulting damages, costs, or claims.

Providers affiliated with HP are licensed to practice medicine in the locations identified in the Service. Neither the Providers nor HP intend to solicit patients from states in which the Providers are not licensed.

Apart from information and communications received directly from Providers, you recognize and agree that the Services are not intended for the diagnosis of diseases or other conditions, the cure, mitigation, treatment, or prevention of diseases, or to affect the structure or any function of the human body. Any health tips, blog postings, or other health-related information provided through the Service are of a general informative nature and should not be used for diagnosis or treatment.

Reliance on Information Posted

The information presented on or through the Online Service Platform  is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Online Service Platform , or by anyone who may be informed of any of its contents.

This Online Service Platform  includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by HP, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of HP. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Online Service Platform

We may update the content on this Online Service Platform  from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Online Service Platform  may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Online Service Platform

HP may collect, store, use and disclose personal information about you through your use of the Online Service Platform.  By submitting information through the Service, you acknowledge that the data may be transmitted electronically over the internet. You hereby give consent to these transmissions, understanding that information exchanged online may, in certain instances, be intercepted and accessed by third parties. We are not responsible for any such interception. All information we collect on this Online Service Platform  is subject to our Privacy Policy which may be updated from time to time. By using the Online Service Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and Notice of Privacy Practices.

Online Payments and Other Terms and Conditions

Certain online services on this platform, like telemedicine consultations, require payment. While you are responsible for ensuring timely payments, the Service is not liable for any technical issues, outages, or other events that could hinder payment transmission. You agree to hold HP harmless for any penalties, fees or consequences arising from your inability to pay through the Service. Payment responsibility ultimately lies with you. By authorizing payments through the Service, you agree to these terms.

By using a credit card or other accepted payment option with HP (“Payment Option”), you explicitly authorize HP to charge fees for your Service usage and any relevant taxes to the Payment Option. If your health insurance covers the Service, note that we may not have complete information about your insurance such as co-payment, co-insurance and deductible amounts at the time of service. Consequently, we may bill you multiple times for a specific visit to accommodate any additional insurance and any non-covered amounts owed. You acknowledge that Payment Option authorizations remain in effect until canceled in writing, and you commit to keeping us informed of any Payment Option changes. You affirm that you are an authorized Payment Option user and will not dispute charges corresponding to the visit or payment amounts required by your health insurance plan. We may, at our discretion, process a visit payment for a period up to one (1) year. You recognize that all payments from your account must adhere to federal, state, and local laws. If you do not have a credit card on file, we may bill you for any co-insurance, co-pay, deductible, or non-covered amounts exceeding the visit amount.

All transactions for services carried out through the Online Service Platform , or resulting from visits made by you, are governed by our Financial Policy, which is hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Online Service Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Links from the Online Service Platform

If the Online Service Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Online Service Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Electronic Communications

HP may send you messages (including text messages), reports and emails regarding the Online Service Platform. Our Service may send messages, such as appointment reminders, updates on appointment status, or feedback requests after a consultation. You assume responsibility for email security and authorize us to communicate with you using the email address you provide. If the service includes text messaging and you provide your mobile number, you consent to receiving text messages from HP. You acknowledge that your carrier may apply additional charges. You can revoke this authorization at any time in writing to HP. You understand and agree that it is your responsibility to monitor and respond to these messages, reports, and emails.

Geographic Restrictions

The owner of the Online Service Platform is based in the United States. We provide this Service for use only by persons located in the United States. We make no claims that the Online Service Platform or any of its content is accessible or appropriate outside of the United States. Access to the Online Service Platform may not be legal by certain persons or in certain countries. If you access the Online Service Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that HP cannot and does not guarantee or warrant that files available for downloading from the internet or the Online Service Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, HP, ITS AFFILIATES, OR THEIR LICENSORS, PARTNERS, HEALTHCARE PROVIDERS, PHYSICIANS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ONLINE SERVICE PLATFORM  OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICE PLATFORM  OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ONLINE SERVICE PLATFORM  LINKED TO IT.

YOUR USE OF THE ONLINE SERVICE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE ONLINE SERVICE PLATFORM , ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICE PLATFORM  ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HP, ITS AFFILIATES, OR THEIR LICENSORS, PARTNERS, HEALTHCARE PROVIDERS, PHYSICIANS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS NOR ANY PERSON ASSOCIATED WITH HP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ONLINE SERVICE PLATFORM . WITHOUT LIMITING THE FOREGOING, NEITHER HP, ITS AFFILIATES, OR THEIR LICENSORS, PARTNERS, HEALTHCARE PROVIDERS, PHYSICIANS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS NOR ANYONE ASSOCIATED WITH HP REPRESENTS OR WARRANTS THAT THE ONLINE SERVICE PLATFORM , ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICE PLATFORM  WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE ONLINE SERVICE PLATFORM  OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICE PLATFORM  WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, HP, ITS AFFILIATES, OR THEIR LICENSORS, PARTNERS, HEALTHCARE PROVIDERS, PHYSICIANS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HP, ITS AFFILIATES, OR THEIR LICENSORS, PARTNERS, HEALTHCARE PROVIDERS, PHYSICIANS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ONLINE SERVICE PLATFORM , ANY ONLINE SERVICE PLATFORM S LINKED TO IT, ANY CONTENT ON THE ONLINE SERVICE PLATFORM  OR SUCH OTHER ONLINE SERVICE PLATFORM S, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless HP, its subsidiaries and its affiliates, licensors, and service providers, and their respective officers, directors, employees, Physicians, agents, partners, from and against any and all claims, actions, demands, liabilities, settlements, costs, or expenses, including, without limitation, reasonable legal fees, legal costs and accounting fees, arising out of, or alleged to arise out of: (a) your violation of these Terms, other policies or any and all applicable laws, rules or regulations; or (b) your use of materials or features of the  Services in an unauthorized manner. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as we reasonably request

Governing Law and Jurisdiction

All matters relating to the Online Service Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Online Service Platform shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia, in each case located in the City of Fairfax and County of Fairfax, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 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 XX WITH THE CLAIMS OF THIRD PARTIES.

Arbitration

At Practice’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Online Service Platform , including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.

Driving/Location Information

The Online Service Platform provides location data and driving directions for navigational purposes only. It is not intended for situations requiring precise location information, where inaccuracies may lead to harm or damage. HP and its content providers do not guarantee the availability, accuracy, or completeness of the location data. Users are solely responsible for complying with rules and regulations when using driving directions, and HP assumes no liability for any issues arising from such use.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE ONLINE SERVICE PLATFORM  MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by HP of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HP to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, and our Privacy Policy, Notice of Privacy Practices, Financial Policy and OTHER RELEVANT DOCUMENTS OR POLICIES constitute the sole and entire agreement between you and Hello Pediatrics Medical Group, PLLC regarding the Online Service Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Online Service Platform.

Your Comments and Concerns

This website is operated by

Hello Pediatrics Medical Group, PLLC

13135 Route 50, Suite 300,

Fairfax, Virginia, 22033.

All notices of copyright infringement claims should be sent to compliance@hellopediatrics.com. All other feedback, comments, requests for technical support, and other communications relating to the Online Service Platform should be directed to compliance@hellopediatrics.com