Terms of Use

These Terms of Use (“Terms”) govern your use of the online interfaces and properties (e.g., websites and any mobile applications) owned and controlled by The Peds MD PLLC (“Peds MD”), which offers pediatric services under the brand name “Peds MD” and adult services under the brand name “Nest MD”, or its administrative services provider, Evolve Care Partners LLC (“Evolve”) (Peds MD and Evolve, collectively, “Company,” “we,” “us,” or “our”), including thepedsmd.com, thenestmd.com, evolvecarepartners.com, and any future websites, as well as the services, resources, and products made available through the foregoing (collectively, the “Services”). The terms “you” and “your” mean you and any other person accessing the Services through your account. Users of the Services are collectively referred to as “Users.”

Your acceptance of, and compliance with, these Terms is a condition of your use of the Services. By accessing or using the Services (or by clicking “accept” where presented), you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms. If you do not agree to be bound by these Terms, you are not authorized to access or use the Services.

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE AND CONSENT TO ELECTRONIC COMMUNICATIONS. REVIEW THESE TERMS CAREFULLY.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY OR PROCEED TO THE NEAREST EMERGENCY ROOM. THE SERVICES ARE NOT FOR MEDICAL EMERGENCIES. DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BASED ON ANYTHING THAT APPEARS OR DOES NOT APPEAR ON THE SERVICES.

1. Services

The Services provide information about the Company’s services and memberships, allow you to submit membership inquiries, purchase certain products and services, and communicate with us. The Services, including any informational content, are provided for general informational purposes and do not constitute medical advice. Use of the website does not create a clinician-patient relationship.

2. Availability of Services

The Company operates subject to state and federal regulations. The Services are not available to Users located outside the United States. Peds MD provides clinical services only to patients located in North Carolina and South Carolina. Accessing the Services from jurisdictions where the content is illegal, or where we do not offer Services, is prohibited.

Our website is not intended for use by individuals under 18 years of age. Access to and use of the Services is limited to individuals who are (1) either over the age of majority in the state where they are located (usually 18) or, if such individual is under 18, with prior express consent of a parent or legal guardian; (2) located in a state where the Services are available at the time Services are to be rendered.

3. Ordering and Purchasing of Services

A. Typographical Errors and Incorrect Pricing. In the event a Service or product is listed at an incorrect price due to typographical error or error in pricing information, we have the right to refuse or cancel any orders placed at the incorrect price, whether or not the order has been confirmed and your card charged. If your card has already been charged and your order is canceled, we will promptly issue a credit in the amount of the charge.

B. Online Payments. To the extent you make purchases through the Services, we accept credit and U.S. debit cards. If you enroll in recurring payments, all charges and fees will be billed to the card you designate. You represent and warrant that: (a) any payment information you supply is true, correct, and complete; (b) you are authorized to use the applicable payment method; (c) charges incurred by you will be honored by your card company or bank; and (d) you will pay the charges incurred in the amounts posted, including applicable taxes. Membership fees and billing terms are governed by your Membership Agreement.

4. Third-Party Services

From time to time, we may make available to you certain services, devices, items or products manufactured, distributed or sold by third parties (“Third-Party Goods and Services”). Your interactions with such third parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such third parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving third parties or any Third-Party Goods and Services. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services and disclosing personal information to any third party.

You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Services, including any Third-Party Goods and Services or your interactions with any third parties. In the event of any dispute between you and any Third Party, or any other entity or individual, you understand and agree that we are under no obligation to become involved in such dispute, and you hereby release and indemnify us and our respective corporate parents, subsidiaries, and affiliates, and all of their respective past, current and future contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Company Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Services or the features and services therein.

Certain of our shareholders, directors, officers, employees, contractors or agents (collectively, “Company Owners and Personnel”) may have a financial interest in one or more third parties and may profit from your use of the third parties and/or the sale of Third-Party Goods and Services to you.

5. Eligibility; Access, Security, and Passwords

To access the Services, you represent and warrant that you are 18 years or older or otherwise have adequate authority and capacity to consent to use the Services under applicable law, or have the authorization of a parent or legal guardian who agrees to be bound by these Terms. You agree to create your account fully, accurately, and truthfully, including your name, mailing address, phone number, email address, and password, which become your login credentials. Your login credentials are personal to you, and you are solely responsible for maintaining their confidentiality and for all activities under your account. You agree to notify us immediately of any unauthorized use of your account.

In addition to the foregoing, you agree not to:

• Access data not intended for you, or log into a server or account which you are not authorized to access;
• Use any robot, spider, scraper, or other automated means to access, index, retrieve, or “data mine” any portion of the Services;
• Attempt to probe, scan, or test the vulnerability of the Services or any related system or network, or breach any security or authentication measures;
• Frame, mirror, or use framing techniques to enclose any trademark, logo, or proprietary content of Company without our prior written consent;
• Harvest or collect personal information about other Users without their consent;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Provide any inaccurate, incomplete, false, or misleading information, including regarding your identity or medical condition, when using the Services;
• Reverse engineer, decompile, or disassemble any portion of the Services;
• Introduce any virus, worm, or other harmful code to the Services; or
• Audio or video record any consultation or interaction with Company personnel without our express written consent.

From time to time, Company may record consultations or interactions occurring through the Services for quality assurance, training, or compliance purposes. By using the Services, you consent to such recording.

We may suspend or terminate your access to all or part of the Services at any time, with or without cause and with or without notice, including if we believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease. If we terminate your access due to your breach of these Terms, you will not be entitled to a refund of any fees already paid. Provisions of these Terms that by their nature should survive termination — including, without limitation, those relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive any termination of these Terms.

6. Privacy Practices

Your use of the Services is also governed by our Privacy Policy, available at https://www.thepedsmd.com/privacy (and https://www.thenestmd.com/privacy for adult services), which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and disclose information.

7. Electronic Communications

When you use the Services or send emails, messages, or other communications to us, you are communicating with us electronically, and you consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically; and (b) all notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. We may contact you by telephone, mail, or email to verify your account information and may request further information to confirm your account was not created fraudulently.

By providing your mobile telephone number, you agree that we may contact you by telephone, text message, or email regarding your account, appointments, billing, and other Service-related communications, as well as promotional or marketing communications, subject to applicable law. Message and data rates may apply. To stop receiving text messages from us, reply STOP to any text message; to unsubscribe from marketing emails, follow the unsubscribe instructions in the email or contact us at legal@thepedsmd.com. Opting out of certain communications, such as appointment reminders or billing notices, may affect our ability to provide the Services to you. We intend for our calls, text messages, and emails to comply with the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. If you believe you have received a communication from us that does not comply with these laws, please contact us immediately at legal@thepedsmd.com.

8. Intellectual Property

Subject to applicable law, the Company retains all right, title, and interest in and to the Services and any information, products, documentation, software, or other materials on the Services, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property right therein. You agree not to store, copy, modify, reproduce, retransmit, distribute, sell, publish, broadcast, or circulate such materials without our prior written permission. Use, reproduction, or redistribution of Company’s trademarks, service marks, and logos is strictly prohibited without prior written permission.

9. Accuracy of Information; Functionality

We attempt to ensure that information on the Services is complete, accurate, and current. Despite our efforts, information may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Services. We do not warrant that the Services will be uninterrupted or error-free.

10. Links to Other Sites

The Services may contain links to third-party websites. Such links are provided for convenience only, and we are not responsible for the content, products, or services of any third-party site. Your use of third-party sites is at your own risk and subject to their terms.

Reference to any product, service, event, publication, or offering of any third party by name, trademark, service mark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation of such by Company.

11. User Information and Submissions

Other than information governed by our Privacy Policy and applicable health information laws (including, without limitation, HIPAA), any information or material you transmit to us through the Services (e.g., questions, comments, or suggestions) will be treated as non-confidential and non-proprietary, and you grant us a license to use such submissions for any purpose, except as limited by our Privacy Policy or applicable law. Any information which is considered Protected Health Information, as defined by the Health Insurance Portability and Accountability Act (“HIPAA”) shall be treated in accordance with HIPAA and our Notice of Privacy Practices.

If Company deidentifies or anonymizes any information you provide such that it no longer constitutes protected health information or personally identifiable information, you agree that Company may use, modify, compile, and disclose such deidentified information for any lawful purpose, including analytics, research, and preparation of case studies or other educational materials, without further consent from or compensation to you. Company will not sell or commercially market such deidentified information.

12. Claims of Copyright Infringement

If you believe content on the Services infringes your copyright, please notify us at legal@evolvecarepartners.com and (1) identify the copyrighted works you claim have been infringed; (2) identify the material you claim is infringing and its location; (3) provide your contact information; (4) include a statement that you have a good-faith belief the use is not authorized; and (5) include a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the copyright owner’s behalf.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE INFORMATION ON THE SERVICES IS ACCURATE OR COMPLETE. INFORMATION ON THE SERVICES IS NOT MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE.

14. Limitation of Liability Regarding Use of the Services

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION, IN NO EVENT WILL COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THIS SECTION DOES NOT LIMIT ANY RIGHT TO PURSUE A CLAIM FOR MEDICAL MALPRACTICE OR PROFESSIONAL NEGLIGENCE, AND DOES NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. TO THE EXTENT ANY LIMITATION OF LIABILITY SET FORTH HEREIN IS FOUND UNENFORCEABLE FOR ANY REASON, COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (I) $500 OR (II) THE AMOUNT OF FEES YOU PAID TO COMPANY FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

15. No Third-Party Rights

These Terms do not create any rights enforceable by any person who is not a party to these Terms.

16. Assignment

You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.

17. Dispute Resolution; Arbitration Agreement

Any dispute between you and Company arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by a single arbitrator under the then-current rules of the American Arbitration Association, in Charlotte, North Carolina. You and Company waive the right to a trial by jury and to participate in a class or representative action to the fullest extent permitted by law. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights.

18. Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, internet or telecommunications failures, or government actions.

19. Indemnification

You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services or your violation of these Terms.

20. Waiver

Our failure to enforce any provision of these Terms will not be deemed a waiver of that provision or of the right to enforce it. Any waiver must be in writing to be effective.

21. Governing Law; Revisions; General

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of law principles. We may revise these Terms at any time by posting an updated version on the Services, and your continued use of the Services after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the Services before the effective date of the changes. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with the Privacy Policy and any other documents referenced herein, constitute the entire agreement between you and Company regarding the Services.

22. Contact Us

If you have questions about these Terms, contact us at:

Peds MD PLLC
1515 Mockingbird Lane, Suite 4111, Charlotte, NC 28209
Email: legal@thepedsmd.com

All trademarks, logos, and service marks displayed on the Services are the property of Company or their respective third-party owners and may not be used without prior written consent.