Terms and Conditions
Pediatrica Health Group Website Terms of Use

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Agreement and Terms

These Terms of Use (“Terms”) describe the rules for using Pediatrica Health Group, Inc., and any Affiliate (any entities controlling, controlled by, or under common control with PHC) (together “PHC”, “we”, “us”, “our”, and “Company”)’s  online and mobile websites, platforms, services and applications (“Online Services”) by a user of the Online Services (“You” or “User”) (together, “the Parties”).

Our Online Services and available information and content (“Content”) are intended for use only in the United States and its Territories. If you live outside the United States or are using the Online Services from outside the United States, you may be exposed to Content on the Online Services about services or products that are not available or authorized in your country.

By using our Online Services, you agree to these Terms and our Privacy Policy. We may change these Terms at any time. Any modifications will be effective immediately upon such posting. By continuing to use the Online Services, you consent to any changes to our Terms. 

Your affirmative act of using the Online Services, or registering for use of the Online Services, constitutes your electronic signature to these Terms and your consent to enter into this agreement electronically. You may save or print and retain a copy of these Terms.

Important Note Regarding Content

Use of the Content

The Content posted on this Site is protected by the copyright laws in the United States and in foreign countries. Title to the Content remains with PHG. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the sole discretion of PHG.

The Content on the Online Services is for general educational information only. The Content is not intended as a recommendation of any health care service, supply, or treatment for you. The Content is general in nature, and access to the Online Services does not create a physician-patient or any other relationship of any kind. You should call your specific health care provider if you have questions, at any time, about your health.

The Content also should not be considered legal advice, financial advice, or tax advice.

You are responsible for protecting the access identification that you provide when registering for Online Services or other activation codes, and if they are compromised, you agree to change your access identification and immediately.

Restrictions on Use of Online Services

You Are Not Permitted to:

• Use our Online Services or Content in any way not expressly permitted by these Terms;
• Copy, modify or harvest data, Content, or materials from the Online Services;
• Remove or alter any copyright notices or other proprietary rights notices on Content;
• Misrepresent your identity or provide any false information in working with the Online Services;
• Interfere with the operation of the Online Services;
• Share any password with any third parties or use any third-party’s password;
• Engage in commercial, competitive, or viral messaging, or sending of unsolicited advertisements, or similar communications, including harmful computer code, viruses, or malware through the Online Services;
• Use the Online Services in any way that could, in our sole judgment, interfere with any other party’s use of the Online Services, impair our networks or servers, or expose PHG or any third party to any claims or liability, or use software, agents, bots, or other means to access, scrape, or crawl any webpages, information, or other services from the Online Services. If you are blocked from the Online Services (e.g., your IP address is blocked), you agree not to directly or indirectly seek to circumvent such blocking;
• Directly or indirectly authorize anyone else to take actions prohibited in this section; or
• Attempt to reverse engineer any of the software used to provide the Online Services.

The Parties Agree That:

• You will comply with all applicable laws and regulations;
• You represent and warrant that you are at least 18 years of age, and that, if you are between 13 and the age of majority in your state and otherwise not emancipated, a parent and/or guardian agrees to these Terms on your behalf; and
• We may take any measures we deem appropriate, in our sole discretion and permitted by law, to enforce these Terms. 

Posting Content

You Are Not Permitted to:

• Post any improper or inappropriate content, including that which is obscene, libelous, harassing, threatening, harmful, inflammatory, invasive of privacy, or otherwise objectionable, constitutes advertising or solicitation, or violates applicable law.

The Parties Agree That:

• Any content posted to the Online Services by third parties is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose;
• You are solely responsible for the content of any postings that you submit. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy regarding that content. Never assume that you are anonymous and cannot be identified by your posts;

• If you do post content or submit material to the Online Services, and unless we indicate otherwise on our Privacy Policy, you grant PHG a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media;

• You grant PHG and any of its sublicensees the right to use the name that you submit in connection with such content, if they choose; and

• You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify PHG for all claims resulting from any content that you supply.

License to Use Online Services and Content Ownership

Subject to these Terms, PHG grants you a personal, non-commercial, non-transferable, non-exclusive, revocable, limited license to view the Content on our Online Services for the sole purpose of obtaining information regarding our services and related services or goods. All rights, title, and interest in and to the Online Services, including the Content, and all intellectual property rights, including all copyright, trademark and patent rights will remain with the PHG and our licensors and vendors. No ownership interest of intellectual property is transferred to you or any other entity by virtue of making the Content available on the Online Services, granting you a license to use Online Service, or your entering into this Agreement.

We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Online Services and its Content terminates immediately. Upon the termination of this license, you must stop using the Online Services, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.

Copyright Infringement – DMCA Notice

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 Services infringes a copyright owned by you, you (or your agent) may send PHG a notice requesting that the material be removed or access to it blocked. Notices and counter-notices with respect to the Online Services should be sent to the applicable address below:

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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Both notices and counter-notices must meet the statutory requirements imposed by the DMCA.

Unsolicited Idea Submission Policy

It is our policy not to accept or consider unsolicited ideas or offers to sell intellectual property. We ask that you please do not submit any such ideas or offers to us or our employees or contractors. This policy is intended to avoid potential misunderstandings if our services or products may seem similar to a submission made to PHG. If you still choose to make any submission to us, you agree as follows, regardless of any statements made in your submission that:

• We owe you no compensation;
• There is no duty of confidentiality between us and you;
• Your submission automatically becomes our property, and we may use or redistribute the contents of that submission in any way for any purpose;
• We are free to acquire, develop, and sell services and products that may be competitive to those you offer or suggest; and
• It is your responsibility to protect your own intellectual property; you should not make a submission to us if you have concerns about intellectual property.

We recommend that you consult with your attorney before making a submission.

Links

While visiting our Online Services, you may go to a link to other online websites, mobile websites, platforms, services, and applications (“Links”) and leave our Online Services. For your convenience, we provide Links to other online content or sites that may contain information that may be useful or interesting to you. We do not endorse, nor are responsible for, the content, accuracy or accessibility of the content of Links operated by third parties. You are solely responsible for your communications or other dealings with such third parties.

No Warranty

Nothing within these Terms should be meant or implied to be a warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING OUR ONLINE SERVICES, SMS COMMUNICATIONS, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM PHG, AND DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY ON THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS OR RELIABILITY OF ANY CONTENT OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THE ONLINE SERVICES AND ANY SMS COMMUNICATIONS WITH PHG COULD INCLUDE INACCURACIES OR OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, PHG IS NOT RESPONSIBLE FOR ANY CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD. PHG DOES NOT PROMISE OR MAKE ANY REPRESENTATIONS THAT THE ONLINE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You assume all risk in your use of Online Services.

Where a State does not allow a Terms of Use to have a “no-warranties” provision, this paragraph will not apply to you if that State law is applicable.

Limitation of Liability

PHG IS NOT RESPONSIBLE AND WILL NOT BE LIABLE FOR AND IS RELEASED FROM ANY PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES) CLAIM, DEMAND, LOSS, DAMAGE, JUDGMENT OR SETTLEMENT, INCLUDING ATTORNEY’S FEES, ARISING OUT OF, RESULTING FROM, OR ASSOCIATED WITH THE USE OR SUPPORT OF ONLINE SERVICES OR SMS COMMUNICATIONS, OR BY PHG’S PERFORMANCE UNDER THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.

This limitation of liability does not apply if you are a New Jersey resident. With respect to residents of New Jersey, any released parties are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and any released parties are not, in any case, liable for indirect, incidental, special, consequential or punitive damages. Other states may also limit liability. If your state does not allow this type of limitation, one or more of the limitations above may not apply to you. 

Indemnification

You agree to defend, indemnify, and hold harmless any released parties from any claim by third parties, including reasonable attorneys’ fees for counsel of our own choosing, arising out of or related to your breach of the Terms or any infringement, misappropriation, misuse, gross negligence, intentional misconduct, or violation of applicable law relating to your use of the Online Services or Content. You may not transfer or assign any rights or obligations under this Agreement. In any litigation, you will cooperate with us in asserting any available defenses.

Export Controls

You may not use, export, re-export, import, sell, transfer, or proxy our Online Services or Content unless such activity is permitted by these Terms and such activity is not prohibited by United States law, the laws of the jurisdiction in which you receive our Online Services, or any other applicable laws and regulations. In particular, but without limitation, the Online Services and/or Content may not be exported, re-exported or made available in any manner (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 our Online Services, you represent and warrant that you and any ultimate beneficiary of our Online Services are not located in any such country or on any such list. You also agree that you will not use our Online Service for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.

Governing Law and Statute of Limitations

You agree that Florida law governs these Terms and any claim or dispute that you may have against us, and you agree to the jurisdiction and venue of the state and federal courts in Florida for any dispute involving PHG or its employees, officers, directors, agents and providers.

Unless you are a resident of New Jersey, you must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action. The United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms.

Termination

We may cancel, suspend or block your use of the Online Services and/or registration at any time, without cause and/or without notice. You agree that we will not be liable to you or any other party for any termination of your access to the Online Services in accordance with these Terms.

Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction or by duly empaneled arbitration, the remaining portions of the Terms will be determined without the unenforceable or invalid provision. All other Terms will remain in full force and effect.

Miscellaneous

These Terms, and any supplemental terms, policies, rules and guidelines posted on the Online Services, constitute the entire agreement between you and us in connection with the Online Services and supersede all previous written or oral agreements. You acknowledge that we have the right to seek, at your expense, an injunction to stop or prevent a breach of your obligations. No waiver by us will have effect unless such waiver is set forth in writing and signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

Mobile Devices and Applications

The following additional terms (“Additional Terms”) apply to your access to or use of any mobile application in connection with the Online Services (together with all information and software associated therewith, the “Application” or “Applications”) through any mobile device (e.g., mobile phones, tablets).

Rights Granted to You. We grant you a limited, non-exclusive, revocable, non-transferrable license to download, install and use the Applications solely for your personal, non-commercial use on a mobile or tablet device owned or controlled by you and only in accordance with the Terms. Other than the limited rights granted in the immediately preceding sentence, no other rights are granted to you. To be clear, this is not a sale of the Applications to you.

Additional Restrictions and Notices. You agree that you will not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Applications. You acknowledge that we may issue an upgraded version of the Applications and may automatically upgrade the Application that you are using. You consent to such automatic upgrading and agree that these Terms shall govern all such upgrades. Our Applications or the Online Services may include third-party code and other software, which is governed by the applicable open source or third-party end user license agreement, if any, that authorizes the use of such code.

Third-Party Terms. You agree to comply with all applicable terms, conditions and agreements between you and any third party that provides products or services that facilitate or enable your use of any Application, and you acknowledge and agree that your use of any Application may result in charges to you by those third parties in connection with the products and services they provide to you (such as data plan charges), and you will be solely responsible for any such charges.

Termination of Your Rights. Upon any termination of your rights hereunder, for any reason, you will immediately uninstall or delete the Applications and cease any further use of such Applications.

Special Notice for International Use/Export Controls. Any technology or software underlying the Applications or Online Services that is available in connection with the provision of the Online Services and the transmission of applicable data (collectively, the “Software”), if any, is subject to United States export controls. No Software may be downloaded from the Applications or Online Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Applications and/or Online Services, including as it concerns online conduct and acceptable content.

Apple iOS App.

If the Online Services that you use include an Application that you download, access and/or use and that runs on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree that:

1. The iOS App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system;
2. These Terms are between you and us, and not with Apple or Apple’s software distribution platform (“the App Store”);
3. Apple has no obligation at all to provide any support or maintenance services in relation to the iOS App, and if you have any maintenance or support questions in relation to the iOS App, please contact PHG, not Apple;
4. Except as otherwise expressly set forth in these Terms, any claims relating to the possession or use of the iOS App are between you and us (and not between you, or anyone else, and Apple);
5. In the event of any claim by a third party that your possession or use (in accordance with these Terms) of the iOS App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
6. Pediatrica Health Group Website Terms of Use

In addition, you represent and warrant that:

1. You are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country;
2. You are not listed on any United States Government list of prohibited or restricted parties; and
3. If the iOS App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iOS App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the iOS App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the iOS App or as a result of you or anyone else using the iOS App or relying on any of its content.

Google App.

If the Online Services that you use includes an Application that you download, access, and/or use from the Google Play Store (“Google-Sourced Software”):

1. you acknowledge that these Terms are between you and us only, and not with Google, Inc. (“Google”);
2. your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;
3. Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;
4. we, and not Google, are solely responsible for our Google-Sourced Software;Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and
5. you acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to our Google-Sourced Software.

Survival and Assignment

Your obligations under the following sections survive termination of this Agreement: Agreement and Terms; Important Note Regarding Content of Digital Property; License to Use the Online Services and Content Ownership; Restrictions on Use of Online Services; Posting Messages, Comments or Content; Copyright Infringement – DMCA Notice; Unsolicited Idea Submission Policy; No Warranty; Limitation of Liability; Indemnification; Export Controls; Governing Law and Statute of Limitations; Termination; Severability; Miscellaneous and Mobile Devices and Applications. You may not transfer or assign any rights or obligations under this Agreement. PHG may transfer or assign its rights and obligations under this Agreement.

Contact Us

If you have questions regarding these Terms, contact us at:  
Info@Pediatrica.com

Effective Date
February 22, 2025