A. The Forward Midwifery Site and Services.
Forward Midwifery Inc (“Forward Midwifery”, “we”, “us”) owns and operates an information technology platform consisting of applications, websites, content, products and services (collectively referred to as the “Forward Midwifery Site”). The Forward Midwifery Site enables users (“Users”, “you”, “your”) to access telehealth services provided by healthcare providers (collectively, “Providers”) and certain other health-related services. Telehealth is healthcare delivered through interactive text, audio and/or video technology, where the patient and the healthcare provider are not in the same physical location (telehealth services provided through the Forward Midwifery Service are referred to in these Terms collectively as “Healthcare Services”). The Forward Midwifery Site also enables Users to share certain personal and personal health information (collectively “PHI”), with Providers, and electronically receive and send documents. Forward Midwifery may make additional optional services available to Users from time to time.
In order to open an account to use the Forward Midwifery Site, you must:
be at least 14 years of age
fill in a form (“registration”) via the Forward Midwifery Site
You may not register individuals for whom you have the legal right to make healthcare decisions (“dependents”) and use the platform on their behalf.
For clarity, nothing in these Terms requires Forward Midwifery nor the Providers to accept any registrant as a User, notwithstanding that the registrant meets Forward Midwifery’s eligibility requirements as amended from time to time. Supplementary Terms specific to certain users may also apply. Supplementary Terms are incorporated into and become part of these Terms.
In order to access the Site and the Services, you represent and warrant that you are at least 14 years old.
Site Access, Security and Restrictions; Passwords
You agree to fully, accurately, and truthfully complete your intake form and/or any corresponding user accounts, including but not limited to your name, mailing address, phone number, email address, and login credentials. You are solely responsible for maintaining the confidentiality of your login credentials, and for all activities that occur under such credentials. You agree to prohibit anyone else from using your credentials and agree to immediately notify Forward Midwifery of any actual or suspected unauthorized use of your credentials or other security concerns of which you become aware. Your access to the secure portal may be revoked by Forward Midwifery or your Provider at any time with or without cause.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Forward Midwifery will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
C. Agreement with Forward Midwifery.
These Terms govern Users access to and use of the Forward Midwifery Site and site-related services. On acceptance by a User, these Terms constitute a binding agreement between Forward Midwifery and the User. By clicking on the “I accept” button below, you are agreeing to these Terms. If you do not agree to these Terms at any point, you must not, or must immediately cease accessing the Forward Midwifery service.
D. User representations and warranties.
You represent and warrant (promise) to Forward Midwifery and acknowledge that Forward Midwifery is relying on your representations and warranties that:
you meet the requirements and will continue to do so at the point in time that you request and receive Services; and
you will use the Forward Midwifery Site and Services solely for your personal and non-commercial use.
E. Nature and Scope of Healthcare Services
Providers, Relationship with User. Only regulated health professionals (Providers) may provide Healthcare Services to Users referred through the Forward Midwifery service. Providers may be Physicians or Non-Physician Providers (such as nurse practitioners) registered to practice their profession in a state, province or other jurisdiction.
Telehealth licensing requirements. Each jurisdiction has its own rules about who may practice telehealth and the conditions for doing so. It is the Providers’ responsibility to ensure they have met the licensing requirements in their jurisdictions of residence and practice.
Not a Replacement for Primary Care. Healthcare Services do not take the place of appointments with your regular primary care provider. If you do not have a primary care provider, we encourage you to find one. Forward Midwifery does not provide your primary care provider with a report of the Healthcare Services that you receive. Upon your request, Forward Midwifery will furnish you a summary of the services received.
As a term and condition of receiving Services, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.
Forward Midwifery is registered to provide Healthcare Services.
Providers are solely responsible for the healthcare services that they provide to you, including compliance with standards of care, record-keeping and other professional obligations and compliance with privacy law.
The Services that are available to you will depend on your place of residence.
You will only request Healthcare Services for yourself.
As with any other healthcare consultation, no results can be guaranteed or assured in connection with Healthcare Services. Your Authorized Provider may determine Healthcare Services are not appropriate for some or all of your treatment needs or that he or she is not permitted to provide the services you require and may elect not to provide Healthcare Services to you. Providers also have the discretion to discontinue the provision of Healthcare Services to you at any time and for any reason.
You are responsible for providing the Provider with the information that he or she advises is required in order to provide you with Healthcare Services. If you decline to provide that information, the Provider may not be able or willing to provide you with Healthcare Services.
THE Forward Midwifery SERVICE CANNOT BE USED FOR EMERGENCY HEALTHCARE. IF YOU BELIEVE THAT YOU ARE DEALING WITH AN EMERGENCY, YOU WILL CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
Unless they have an ongoing treating relationship with you, Providers are NOT permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs, which may be harmful because of their potential for abuse.
ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU WILL FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.
You will report any medication reactions, side effects or other adverse events to your provider, or if you do not have one, to the nearest walk-in clinic or emergency room, or in an emergency, call 911.
You will seek emergency help or follow-up care when recommended by a Provider.
The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Forward Midwifery. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Forward Midwifery’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Risks of Telehealth Services
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
Forward Midwifery does not endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
Not an Insurance Product
Forward Midwifery is not an insurer. The Services are not insurance products, and the amounts you paid to Providers are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
Availability of Services
Forward Midwifery operates subject to regulations in its jurisdiction, and the Services may not be available in your jurisdiction. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the applicable jurisdictions in which you may be located. Access to and use of Provider Services is limited exclusively to where the providers have made their Services are available. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
G. Technology-related Terms.
As a term and condition of using the Forward Midwifery Service, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.
You are prohibited from and will not:
remove or alter any copyright, trademark, brand elements or other proprietary notices;
reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Forward Midwifery Service except as expressly permitted by Forward Midwifery;
decompile, reverse engineer or disassemble the Forward Midwifery Service;
link to, mirror or frame any portion of the Forward Midwifery Service;
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Forward Midwifery Service, or unduly burdening or hindering the operation and/or functionality of any aspect of the Forward Midwifery Service;
attempt to gain unauthorized access to or impair any aspect of the Forward Midwifery Service, or its related systems or networks;
impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
use the Forward Midwifery Service in a manner that violates any laws.
keep secure and not disclose to anyone your Account username and password; and
refrain from using abusive language or inappropriate conduct when communicating with anyone through the Forward Midwifery Service, including Providers.
You will not contact Providers in respect of Healthcare Services except through the Forward Midwifery Service. For clarity, Forward Midwifery has no interest in or control over any interaction that you may have with Providers that is unrelated to Healthcare Services or your use of the Forward Midwifery Service.
Unless otherwise permitted by Forward Midwifery in writing, you may only have one user account.
You are responsible for all activity that occurs under your user account.
When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. 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 that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Forward Midwifery and Providers may contact you by telephone, mail, or email to verify your account information. Forward Midwifery and Providers may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
Consent to Receive Calls and Text Messages
By providing your mobile number, you are agreeing to be contacted by or on behalf of Forward Midwifery and Providers at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related communications relating to the Site and Services. Message and data rates may apply. To opt out, indicate that you do not wish to receive calls or texts in your intake form or text STOP to 800-754-2062.
H. Business Terms.
As a term and condition of using the Forward Midwifery Service, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.
Forward Midwifery charges a fee for services provided. Any and all fees requested in connection with services are billed and received by Providers.
You will pay all applicable fees as further described in Section P below and as amended from time to time. We encourage you to contact your provider if you have questions about fees charged for Services
J. Termination, Effect of Termination.
K. Ownership (Intellectual Property Rights).
The Forward Midwifery Service, all content and rights therein, except PHI, are and will remain Forward Midwifery’s property or the property of Forward Midwifery’s licensors. Neither these Terms nor your use of the Forward Midwifery Service convey or grant to you any rights to use or reference in any manner Forward Midwifery’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Forward Midwifery’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content (as defined below), except as expressly permitted by these Terms.
None of the information or materials (collectively, “Content”) available through the Forward Midwifery Service with the exception of Healthcare Services is health professional advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with your primary care provider or another qualified healthcare provider prior to relying on it, and any reliance on Content is at your own risk. Content and material appearing on the Forward Midwifery Service could include technical, typographical or photographic errors. Forward Midwifery does not warrant that any of the materials provided are accurate or current.
M. Fees, Payment Options.
Currency, Taxes. All Fees charged by Providers are in U.S. dollars. Service Fees are inclusive of any applicable taxes based on your billing location.
N. Ownership Of The Site And Related Materials; Additional Restrictions
All pages within this Site and any material made available for download are the property of Forward Midwifery Inc. The Site is protected by Canadian and international copyright and trademark laws.
O. Accuracy of Information; Functionality
Although Forward Midwifery attempts to ensure the integrity and accuracy of the Site and Product descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Product descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Forward Midwifery so that it can be corrected. If a Product described on our Site is not as described when you receive it, or the packaging on the Site does not match the product to receive, your sole remedy is to return it to us in unused and undamaged condition. Information contained on the Site may be changed or updated without notice. Additionally, Forward Midwifery shall have no responsibility or liability for information or content posted to the Site from any non-Forward Midwifery affiliated third party.
Forward Midwifery reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.
Links to Other Sites
When you access a non-Forward Midwifery site, please understand that it is independent from Forward Midwifery, and that Forward Midwifery has no control over the content on that website. In addition, a link to a non-Forward Midwifery website does not mean that Forward Midwifery endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Forward Midwifery that you have the legal right and authorization to provide all User Information to Forward Midwifery for use as set forth herein and required by Forward Midwifery.
You agree not to
(i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct;
(iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;
(iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Forward Midwifery. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect Protected Health Information about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
You agree to defend, indemnify and hold harmless Forward Midwifery Inc and the Providers from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Forward Midwifery respects the intellectual property rights of others and expects its users to do the same.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
Identify the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
With the exception of your electronic medical record, Forward Midwifery, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Forward Midwifery (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Forward Midwifery, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Forward Midwifery trademarks, service marks, and logos are strictly prohibited without the prior written permission of Forward Midwifery, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by Forward Midwifery or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Forward Midwifery may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
Forward Midwifery does not warrant that access to or use of the Site will be uninterrupted or error-free or that defects in the site will be corrected. This Site, including any content or information contained within it or any Site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement.
Warranties relating to products or services offered, sold and distributed by Forward Midwifery are subject to separate warranty terms and conditions, if any, provided by Forward Midwifery or third parties with or in connection with the applicable products or services.
THE Forward Midwifery Site iS PROVIDED “AS IS” AND “AS AVAILABLE.” Forward Midwifery DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Forward Midwifery MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH USE OF THE Forward Midwifery Site, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Forward Midwifery DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES AND YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE Forward Midwifery Service, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES. YOU ASSUME ALL RISK ARISING OUT OF YOUR USE OF ANY Forward Midwifery SERVICE AND ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY REFERRAL YOU MAKE TO Forward Midwifery IS MADE IN COMPLIANCE WITH ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION CANADA’S ANTI-SPAM LEGISLATION (CASL).
Forward Midwifery does not warrant the accuracy, completeness or timeliness of the information obtained through the site.
You assume total responsibility and risk for your use of this site, site-related services, and linked websites. Forward Midwifery does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.
Q. Limitation of Forward Midwifery’s Liability.
Forward Midwifery, (WHICH IN THIS SECTION N INCLUDES ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS) SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE Forward Midwifery Service AND/OR HEALTHCARE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE Forward Midwifery Service AND/OR HEALTHCARE SERVICES OR ANY DELAY IN YOUR DOING SO; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PROVIDER, Forward Midwifery IS NOT LIABLE FOR YOUR INFORMATION STORED OR RECORDED BY ANY COMPUTER, TABLET, MOBILE DEVICE OR ANY NETWORK, WHETHER PUBLIC OR PRIVATE, THAT YOU MAY USE TO ACCESS THE Forward Midwifery Site.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, UNDER NO CIRCUMSTANCE WILL Forward Midwifery BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE Forward Midwifery Service AND/OR HEALTHCARE SERVICES PROVIDED BY Providers.
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
Forward Midwifery SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF PROVIDERS. Forward Midwifery AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF Forward Midwifery TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Through the Forward Midwifery Service and at the discretion of Providers, you may use certain services that are not provided by Forward Midwifery and that we identify to you for your convenience. To the extent that a service is not provided by Forward Midwifery, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not Forward Midwifery
S. No Third Party Rights
T. Supplemental Terms Applicable to Providers
To be a healthcare provider using the Site (“Provider” or “you”) you must be a licensed physician, nurse practitioner, or healthcare professional with an established agreement with Forward Midwifery, and must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with Forward Midwifery users is directly between you and the patient. The patient will never have a practitioner-patient relationship with Forward Midwifery. Forward Midwifery does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers, and Forward Midwifery shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
Forward Midwifery does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods or services offered by Provider, including but not limited any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and Forward Midwifery agree that Forward Midwifery is not providing, to Customer or anyone else, medical advice or legal advice.
Provider will use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases Forward Midwifery and waives any and all potential claims against Forward Midwifery as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients.
As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold Forward Midwifery harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Forward Midwifery, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Services. To the extent applicable, Provider will obtain Forward Midwifery’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Forward Midwifery or defect in the Site or Services. Forward Midwifery will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Forward Midwifery that you have the legal right and authorization to upload all Provider Content at the Site. Forward Midwifery shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Forward Midwifery desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Forward Midwifery is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you any compensation for any Provider Content; or (3) to respond to any Provider Content.
Forward Midwifery does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Forward Midwifery the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers. Forward Midwifery and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
U. Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
If you desire to assert a claim against Forward Midwifery, and you therefore elect to seek arbitration, you must first send to Forward Midwifery, by certified mail, a written notice of your claim (“Notice”). The Notice to Forward Midwifery should be addressed to: 300-116 Albert St, Ottawa, Ontario, K1P5G3 (“Notice Address”). If Forward Midwifery desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Forward Midwifery, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Forward Midwifery and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Forward Midwifery may commence an arbitration proceeding or file a claim in small claims court.
YOU AND Forward Midwifery 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. Further, unless both you and Forward Midwifery agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
V. Force Majeure
W. General Provisions
Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws that would lead to the application of any other laws. By accessing the Forward Midwifery service, you agree that any disputes or matters arising from, connected with, or related to these Terms will be brought to the provincial and federal courts located in the City of Ottawa, Ontario.
Use of Non-Identifiable Data: If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.
Severability: If any provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Contact Us. If you have questions about the Forward Midwifery service or its use, you can contact Forward Midwifery by sending an email to info@Forward Midwiferyhealth.com
Copyright/Trademark Information. Copyright ©2023 Forward Midwifery Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Acceptance of Terms By using the Website or Services, you affirm that you are at least 18 years of age and capable of entering into a legally binding agreement. If you are accessing or using the Website or Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms.
Modifications Forward Midwifery reserves the right to modify, suspend, or discontinue the Website or Services, or any part thereof, at any time without prior notice. We may also update these Terms from time to time, and the updated version will be effective upon posting on the Website. Your continued use of the Website or Services after any modifications to the Terms signifies your acceptance of the updated Terms.
Use of Services You agree to use the Website and Services solely for lawful purposes and in compliance with all applicable laws and regulations. You will not engage in any activities that may disrupt or interfere with the functioning of the Website or Services or infringe upon the rights of others.
User Accounts Certain features or Services may require you to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate and complete information during the registration process and to promptly update any information to keep it accurate and current.
Intellectual Property All content and materials available on the Website or through the Services, including text, graphics, logos, images, audio clips, and software, are the property of Forward Midwifery or its licensors and are protected by intellectual property laws. You agree not to reproduce, modify, distribute, or create derivative works based on any such content or materials without the express written consent of Forward Midwifery.
Limitation of Liability In no event shall Forward Midwifery or its affiliates, partners, directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Website or Services, even if advised of the possibility of such damages.
Indemnification You agree to indemnify and hold Forward Midwifery and its affiliates, partners, directors, officers, employees, and agents harmless from any claims, losses, liabilities, damages, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Website or Services, your violation of these Terms, or your violation of any rights of another.
Governing Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of California. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in California.
Severability If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement These Terms constitute the entire agreement between you and Forward Midwifery regarding your use of the Website and Services and supersede any prior or contemporaneous agreements, communications, or understandings.
If you have any questions or concerns regarding these Terms, please contact us at firstname.lastname@example.org