Terms of Use

1. Terms of Use

Last updated: October 21, 2024

Please read these Terms and Conditions carefully before accessing or using our website(https://www.littlespudspediatrics.com/) (the “Website”). If you do not agree to all of these Terms and Conditions, do not access the Website. Little Spuds Pediatrics may revise and update these Terms and Conditions  at any time. Your continued use of the Website will mean you accept the revised or updated Terms and Conditions.

DO NOT USE OUR "REQUEST A VISIT" SCHEDULING OPTION FROM OUR WEBSITE OR CALL US TO SCHEDULE AN IN HOME MEDICAL VISIT TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Use:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Little Spuds Pediatrics PLLC, P.O. Box 1183 Ridgefield, WA 98642.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Website.

Terms and Conditions (also referred as "Terms" and “Agreement”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Website refers to Little Spuds, accessible from www.littlespudspediatrics.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy here carefully before using Our Service.

IMPORTANT MEDICAL NOTICES AND DISCLAIMERS.

BY USING THE WEBSITE OR OUR SERVICE YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT LITTLE SPUDS PEDIATRICS PLLC IS NOT A HOSPITAL OR EMERGENCY ROOM DEPARTMENT. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH THE LITTLE SPUDS PEDIATRICS WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU MAY USE THIS WEBSITE TO TRY TO CONTACT A NEARBY QUALIFIED HEALTH CARE PROFESSIONAL. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP.

Although our Health Care Professionals are licensed and qualified to provide you with the Medical Services, please consult with your regular licensed health care provider as necessary before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. Do not disregard medical advice issued to you by your regular licensed healthcare provider.

Our Services; Registration and Accounts.

Congratulations on deciding to use Little Spuds Pediatrics healthcare services. Little Spuds Pediatrics provides mobile onsite treatment for non-emergency medical cases through the power of technology, convenience, and service. Our skilled and licensed clinicians (“Health Care Professionals”) who have significant experience evaluating injuries and illness arrive with the tools necessary to provide advanced non-emergency medical care at your door and on demand.

When you access our Medical Services through our Website, your location will be determined based on the information you provide us. A Little Spuds Pediatrics Health Care Professional will then contact you by telephone to discuss your child's primary healthcare concern. After the telephone consultation, a Health Care Professional (if available) will be dispatched to your location (in-home consultation); provided, however, that the Health Care Professional may, in his or her best medical judgment, based on information received through the Website, during the telephone consultation or in-home consultation, determine that he or she is unable to provide treatment. We cannot guarantee that a Health Care Professional will be available to perform the Medical Services.

If you are using the Website for Medical Services to a minor, you must be available during the Health Care Professional’s visit with the minor, you are responsible for payment for the Medical Services provided the minor, and are assuming the obligations of this Agreement as they relate to the minor.

By providing your telephone number, you acknowledge and agree that Little Spuds Pediatrics may leave voicemails or send text messages requesting a callback regarding your request for Medical Services or confirming that a Health Care Professional is on the way to your location for your appointment at any mobile device number provided by you, unless you communicate otherwise to Little Spuds Pediatrics in writing.

Your Use of Little Spuds Pediatrics PLLC Website

It is imperative that you provide accurate and truthful information about your identity and your health and physical condition during the registration process. By submitting the information on our “request a visit” form with Us you represent and warrant to Little Spuds Pediatrics that all of the information you provide during this process is true and correct. You acknowledge and agree that we are entitled at all times to verify the information provided. You agree to provide us with whatever proof of identity we may request to verify your identity and/or eligibility for Medical Services. You will only use the Website or its content for your sole, personal use and you will not resell them to a third party. Little Spuds Pediatrics reserves the right to refuse or cancel your use of the Medical Services at any time, with or without notice, and for any reason, or no reason at all. You will ensure that no unauthorized person shall have access to your Little Spuds Pediatrics, Tebra, or Spruce passwords or Accounts; You will promptly notify us in the event your Tebra or Spruce passwords or Accounts have been compromised; You will not assign or otherwise transfer your Account to any other person or entity; You will not stalk, bully, track, or otherwise harass another user of our Website or any of our employees, or Health Care Professionals; You will not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; You will not engage in activities that aim to render the Website or associated services inoperable or to make their use more difficult; and You will not submit inaccurate, incomplete, or out-of-date information via the Website, commit fraud or falsify information in connection with your use of the Website or the Medical Services.

You specifically agree to provide accurate and up-to-date information about your location when using our telehealth services. This information is necessary to ensure that We can deliver our services appropriately, comply with legal and regulatory requirements, and respond to emergencies if needed. You acknowledge that failure to provide accurate location information may impact Our ability to provide care and could result in service interruptions or non-compliance with applicable laws.

You agree to abide by the Terms and Conditions applicable to the use of Little Spuds Pediatrics Patient Accounts. We reserve the right to immediately terminate your use of the Website and or Account should you fail to comply with any of the foregoing rules.

Eligibility

You must be 18 years of age or older to use the Website and any services provided through the Website. You understand that there may be no Health Care Professionals available in your area and we cannot guarantee that Health Care Professionals will be available to provide Medical Services in your area. If you are requesting Medical Services for a minor, you must verify that you are the parent, guardian or other adult responsible for the minor. By requesting the Medical Services through the Website, you represent that you are: (i) at least 18 years of age (or the age of majority in your jurisdiction), or (ii) the parent, guardian or other adult responsible for a minor or adult-patient who is otherwise unable to consent for themselves. You must notify us immediately of any change in your eligibility to use the Medical Services or the associated services provided by the Website, including any changes to your medical condition or physical fitness, breach of security, or unauthorized use of your Account with Little Spuds Pediatrics, Tebra and/or Spruce.

Payment

There is no charge to use the Website. You are charged only when you actually access and use the Medical Services by scheduling an in-home/on-site or telehealth consultation with one of our Health Care Professionals. We reserve the right to charge a fee in the future for creating an Account with us. If we decide to implement such a fee, we will inform you accordingly and allow you to either continue or terminate your Account. 

We also reserve the right to charge a reasonable fee for any cancelled appointment or cancelled in-home consultation.

The cost of the Medical Services provided by our Health Care Professionals varies and is determined based on the complexity of the medical care provided, procedures and lab services performed, and supplies required. Little Spuds Pediatrics will bill you for the Medical Services you receive in accordance with the Consent for Treatment Form, which will be presented to you prior to the provision of Medical Services. You are solely responsible for the full cost of the Medical Services.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Account Security

You are responsible for maintaining the confidentiality of your Account username and password for Tebra and Spruce and you are fully responsible for all activities that occur using your Account. Little Spuds Pediatrics will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your Tebra and Spruce Accounts from a public or shared computer or using unencrypted email to discuss private matters or share PHI with any Health Care Professional, so that others are not able to view, record or intercept your password or other Personal Information. You have been informed of the risks of transmitting your Personal Information through unsecured means.

DISCLAIMERS OF WARRANTIES

YOU HEREBY AGREE TO THE USE OF OUR WEBSITE AT YOUR OWN RISK. LITTLE SPUDS PEDIATRICS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICE..

YOU AGREE THAT YOUR ACCESS TO, AND USE OF OUR WEBSITE, THE HEALTH CARE PROFESSIONALS AND THE CONTENT AND SERVICE AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LITTLE SPUDS PEDIATRICS SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

NEITHER LITTLE SPUDS PEDIATRICS NOR ANY PERSON ASSOCIATED WITH THE LITTLE SPUDS PEDIATRICS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LITTLE SPUDS PEDIATRICS NOR ANYONE ASSOCIATED WITH LITTLE SPUDS PEDIATRICS REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LITTLE SPUDS PEDIATRICS LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You agree that you are solely responsible for maintaining Internet and/or network access and are responsible for any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. 

LITTLE SPUDS PEDIATRICS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE TELECOMMUNICATION SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE TELECOMMUNICATION SERVICES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT LITTLE SPUDS PEDIATRICS, ITS AFFILIATES OR THEIR LICENSORS, HEALTH CARE PROFESSIONALS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL NOT BE LIABLE TO YOU OR ANY MINOR OR ADULT FOR WHOM YOU ARE RESPONSIBLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEBSITE,; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR LOSS OF DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE; OR (F) ANY OTHER MATTER RELATING TO THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF PRIVACY, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL LITTLE SPUDS PEDIATRICS TOTAL LIABILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND MEDICAL MALPRACTICE– OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO LITTLE SPUDS PEDIATRICS. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LITTLE SPUDS PEDIATRICS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

You agree the Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Alerts

Little Spuds Pediatrics may from time to time provide automatic alerts and voluntary account-related alerts via email or SMS/text messages. Automatic alerts may be sent to you following certain changes to your Account or other necessary non-marketing information.

If you choose to have alerts sent to a mobile device that accepts SMS/text messages, you may be subject to your wireless carrier’s standard messaging and data rates, which you are solely responsible for such charges. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your wireless carrier.

You may opt-out of receiving certain alerts via SMS/text message at any time by following the instructions provided within the text communication. To opt-out of receiving email notifications you should follow the unsubscribe instructions in the email you receive. Please note that certain messages we send are necessary for the proper functioning and use of the Medical Services we provide and you may not have the ability to opt-out of these messages.

Governing Law and Choice of Forum
You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Washington, United States of America applicable to contracts made entirely within Washington and wholly performed in Washington, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Application will be an appropriate federal or state court located in Clark County, Washington.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the United States of America and foreign countries.

Our logos, designs, trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident to the extent that such law(s) apply to the Company.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 3 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Entire Agreement

This Agreement contains the final and entire agreement between us regarding your use of our Website for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. 

Amendments

No amendments or modifications to this Agreement shall be valid unless in writing and signed by all parties. 

Assignment

This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone without Little Spuds Pediatrics’ prior written approval.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: info@littlespudspediatrics.com

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