• The content of the Site and App are provided for informational purposes only. Any advice or information provided through the content on the Site or App does not create a provider-patient relationship, is not an aid to making medical decisions, and is not marketed, promoted or otherwise intended to be used to diagnose any disease or other condition, or to cure, mitigate, treat, or prevent any disease. The content of the Site and App is not a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or App. If you think you may have a medical emergency, call your doctor or 911 immediately. RELIANCE ON ANY CONTENT PROVIDED ON THE SITE OR APP BY SIMPLIFED, OTHERS APPEARING ON THE SITE AT THE INVITATION OF SIMPLIFED, OR OTHER USERS OF THE SITE OR APP IS SOLELY AT YOUR OWN RISK.
• The Virtual Care Services you receive from Professionals through the Site or App should not be used as a replacement for professional guidance from your primary care provider or any other health care providers, and such Virtual Care Services may not necessarily give rise to a provider-patient relationship or an ongoing treatment relationship. You are expected to seek follow-up or emergency care as needed or recommended by a Professional, and you should continue to consult with your primary care provider and/or any other health care providers as needed or recommended. Additionally, unexpected events may disrupt our electronic communication with you and we may not be able to contact you as quickly as we would like to due to uncontrollable circumstances. If you think you may have a medical emergency, call your doctor or 911 immediately. Moreover, please be aware that our Professionals tailor their response to your specific situation, taking into account the information you have shared, and their response may not be appropriate for other mothers. The Professionals who provide the Virtual Care Services may make recommendations and/or arrangements for follow-up care, as appropriate, and you are welcome to access our Services for these follow-up visits. While the Services are intended to provide benefits such as convenient on-demand virtual access to Professionals and the Services they provide, there do exist potential risks associated with the use of the Services, as outlined herein and in the informed consent to treatment provisions you will be separately required to acknowledge.
• All Professionals performing Virtual Care Services through the Site and App (other than lactation allies) hold certifications in lactation education and consulting.  Some performing Virtual Care Services through the Site and App hold other, including higher, professional licenses that were issued by the applicable professional licensing board.  Lactation allies are peer mothers who are contracted with SimpliFed to provide lactation and baby-feeding peer support services to you and other mothers receiving Services from SimpliFed.  Services obtained through the Site and App are limited to virtual lactation consultation and baby feeding support services only. You can report a complaint relating to any Services provided by a certified or licensed Professional by contacting the professional licensing board, or by contacting SimpliFed directly. In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional licensing board that licenses, registers or certifies the licensee. Any clinical records created as a result of your use of the Site and App and the Virtual Care Services will be securely maintained by SimpliFed and/or its Service Providers on behalf of the Professional with whom you consult, for a period that is no less than the minimum number of years that such records are required to be maintained under applicable state and federal law.
• SimpliFed offers virtual lactation consultation and baby-feeding support services provided by Professionals to Site and App users.  The terms “virtual care” or “telehealth” or “telemedicine” generally refers to healthcare services that are provided to a patient in one location by a professional in a distant location facilitated through the use of some form of telecommunications technology, such as synchronous, interactive audio-video interface and/or asynchronous store-and-forward modalities.  The information exchanged between our Professionals and you may be used for diagnosis, therapy, treatment, follow-up care, consultation, education, care management and/or self-management of your health care.
  
  FOR CALIFORNIA RESIDENTS ONLY: Telehealth services may be available with your primary care provider (PCP) or specialist provider.  When you receive Virtual Care Services from Professionals, you have the right to access your medical records and such medical records will be shared with your PCP or specialist provider in a manner consistent with state and federal law.  If you want to opt-out of the foregoing, please notify SimpliFed at any time by sending us an email at contactus@simplifed.us.
• As with any type of health care services, there are potential risks associated with the use of virtual care services, including the Virtual Care Services provided through the Site and the App:

• Insurance. If you have insurance coverage, you represent and warrant that the insurance information you have provided is accurate, complete, and current, and no other unidentified coverage exists. You request that payment of authorized benefits be made on your behalf to SimpliFed for any Services furnished and assign your right to receive payment of such benefits to SimpliFed. You authorize SimpliFed to file appeals on your behalf for any denials of payment and/or adverse benefit outcomes related to Services provided. If your insurance provider will not direct payment to SimpliFed, you agree to forward all insurance payments that you receive for the Services to SimpliFed. You authorize SimpliFed to release to your insurance provider any information needed to determine eligibility for benefits payable for the Services rendered. You are responsible for all charges for the Services provided that are not covered by your insurance provider or for which you are responsible for under your insurance plan (including copayments, co-insurance and deductibles, as applicable). Further, you agree that, if permissible by law, you will reimburse SimpliFed for all costs, expenses, and reasonable attorney’s fees that may be incurred to collect payment for those charges related to Services rendered. These terms and conditions, and assignment of benefits, will apply and extend to any subsequent visits and appointments through which you or your child(ren) utilize the Services. Please check with your insurance provider to determine whether any Services will be reimbursed. SimpliFed offers no guarantee that you shall receive any such reimbursement from your insurance provider for the Services‍
• Out-of-Network; Self-Pay; Subscriptions. If you do not have insurance coverage for the Services, you are participating in a subscription program through an employer-provided benefit or if your coverage for the Services is denied by your insurance provider because SimpliFed is out-of-network, you acknowledge and agree that you shall be personally responsible for all incurred expenses.

1. App License. If you comply with these Terms, SimpliFed grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
2. Additional Information: Apple App Store. This Section 8(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

• Authorization To Send You Text Messages. If you provide your cellular phone number to SimpliFed (either online or via text message), you specifically authorize SimpliFed to send push notifications, SMS or MMS text messages to your phone for purposes of receiving one-time passwords, alerts, notifications, and other messages related to the Services. Our Privacy Policy provides information describing our data processing practices with respect to these alerts and messages. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. By agreeing to receive text messages from us, you acknowledge and understand that text messages are not encrypted and are thus not a secure method of communication.
• Opting Out of Text Messages. You can opt out of receiving push notifications, SMS or MMS text messages at any time by following the instructions in the text messages you have received from us (e.g., texting “STOP” to opt out) or following any other instructions given by SimpliFed for doing so. Note that your use of the Services is subject to you providing a valid cellular phone number for purposes of receiving SMS or MMS text messages, and opting out of receiving all texts will impact your use of the Services.
• Changing Your Phone Number. If you change or deactivate the phone number you provided to SimpliFed, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive SimpliFed’s standard SMS messages unless you also unsubscribe via the above procedures.

You agree not to do any of the following:

‍

• Post, upload, publish, submit, transmit, or otherwise make available anything (other than Feedback) through the Services (“User Content”) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• Use, display, mirror or frame the Services or any individual element within the Services, SimpliFed’s name, any SimpliFed trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SimpliFed’s express written consent;
• Access, tamper with, or use non-public areas of the Services, SimpliFed’s computer systems, or the technical delivery systems of SimpliFed’s providers;
• Attempt to probe, scan or test the vulnerability of any SimpliFed system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SimpliFed or any of SimpliFed’s providers or any other third party (including another user) to protect the Services;
• Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SimpliFed or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a SimpliFed trademark, logo URL or product name without SimpliFed’s express written consent;
• Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

‍

SimpliFed is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SIMPLIFED NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING THE VIRTUAL CARE SERVICES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, PROFESSIONAL MALPRACTICE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SIMPLIFED OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SIMPLIFED’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SIMPLIFED FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SIMPLIFED, AS APPLICABLE.
• THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SIMPLIFED AND YOU.

• Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and SimpliFed agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and SimpliFed are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
• Exceptions. As limited exceptions to Section 17 (a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
  
• Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
• Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
• Injunctive and Declaratory Relief. Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and 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. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
• Class Action Waiver. YOU AND SIMPLIFED 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, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
• Severability. With the exception of any of the provisions in Section 17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

• Reservation of Rights. SimpliFed and its licensors exclusively own all right, title andi nterest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
• Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between SimpliFed and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between SimpliFed and you regarding the Services. If any provision of theseTerms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
  
  Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without SimpliFed’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. SimpliFed may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
• Notices. Any notices or other communications provided by SimpliFed under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
• Contact Information. If you have any questions about these Terms or the Services, please contact SimpliFed at contactus@simplifed.us.