Providers Terms & Conditions
MamaCare 360
TERMS & CONDITIONS
MamaCare360 is an online platform connecting mothers with prenatal and postnatal care providers, tracking tools, symptom resources, product recommendations, and resources surrounding parenting and wellness.
Your use of https://mamacare360.com/ is subject to MamaCare360's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of MamaCare360's data collection practices.
We reserve the right to change the terms and conditions under which the Site is offered for any reason. The most current version of the terms and conditions will supersede all previous versions. We encourage you to periodically review the terms and conditions to stay informed of our updates.
1. AGREEMENT BETWEEN USER AND MAMACARE360.COM
Our website consists of several different web pages operated by MamaCare360. When you use mamacare360.com (the “Site”), you are entering into a legal agreement and agree to comply with all the terms and conditions set forth herein. These terms and conditions apply to mamacare360.com and MamaCare360 and dictate how the site is to be used. mamacare360.com is an E-commerce Site. Your use of the Site constitutes your agreement to all such terms and conditions.
2. PROVIDER OBLIGATIONS
Providers who use the site acknowledge the following:
a. Limited by Agreement and Law Providers may not use or disclose private health information (PHI) other than as permitted or required by this Agreement, or as required by law.
b. Compliance with HIPAA Providers must be in compliance with HIPAA laws at all times while using this site. Any PHI accessed through MamaCare360, including messages, symptom tracking, or other identifying information must be treated with confidentiality and due care to protect information from being improperly shared.
c. Minimum Necessary Providers must be in compliance with HIPAA’s minimum necessary requirements.
d. Appropriate Safeguards Providers shall use appropriate safeguards for all PHI and information accessed through MamaCare360 to ensure the confidentiality of all user information.
e. Subcontractors In the event that a Provider discloses PHI to a Subcontractor, or allows a Subcontractor to create, receive, maintain, or transmit PHI on their behalf, the Provider must require the Subcontractor to adhere to any applicable laws and restrictions as required by this agreement.
f. Waiver of Liability The Provider agrees to hold harmless MamaCare360
3. STANDARDS OF CONDUCT
MamaCare360 has certain standards of conduct which govern the behavior of Members and Providers on the Site. MamaCare360 is committed to providing an environment free of any form of unlawful harassment or discrimination. By using the Site or attending one of our events, you agree to follow our Standards of Conduct. The following standards are not comprehensive. They also do not limit our rights to impose discipline for any other conduct we deem inappropriate.
When using the Site or attending a MamaCare360 event, you agree to not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; falsify yourself or your company; provide misleading, false and/or dishonest information to other members; engage in threatening or violent behavior; use vulgar or abusive language; engage in disorderly conduct that may endanger others or damage property; engage in unprofessional conduct or improper conduct for the workplace; engage in sexual or other illegal harassment or discrimination (online or at events); dress in a manner that depicts or alludes to obscenity, violence, or sex, advertises illegal substances, or conveys unsuitable slogans; engage in gambling, betting and lotteries; solicit members, conduct surveys, contests, or pyramid schemes; advertise or offer to sell or buy any goods or services for any business purpose; violate any code of conduct or other guidelines which may be applicable for any particular event; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Conduct that violates our standards will not be tolerated. If you violate any of these standards you will be subject to disciplinary action, up to and including termination of your access to mamacare360.com and MamaCare360 events. Should a customer, vendor, or other person with whom MamaCare360 does business engage in such conduct, we will take swift corrective action.
If MamaCare360 receives more than three (3) complaints regarding the conduct or care provided by a Provider, MamaCare360 will terminate the Provider’s relationship with MamaCare360, and remove them and their access from the Site.
MamaCare360 reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
4. COMMUNICATIONS WITH COMMUNITY MEMBERS
The Site contains tracking tools and forms that may be used by members to communicate with Providers directly. These forms may contain PHI, including information about symptoms that Members are experiencing. All communications must be treated with the utmost concern for privacy.
MamaCare360 strictly prohibits spamming members. Spamming is defined as sending the same message indiscriminately to a large number of recipients. If a Provider is reported three (3)
times they will receive a warning. If the spamming continues, the member will be suspended from accessing the Site or any of our events for one (1) month. If the member does not cease spamming after the month long suspension, their relationship will be terminated.
While MamaCare360 is under no obligation to monitor our members’ communications, we reserve the right to review any communications posted to the Site and to remove any materials at our sole discretion. We reserve the right to terminate your ability to communicate with any or all of our members at any time without notice at our sole discretion.
5. UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
Providers are granted a non-exclusive, non-transferrable, revocable license to access and use the Site strictly in accordance with these terms and conditions. As a condition of Provider’s use of the Site, Provider agree that Provider will not use the Site for any purpose that is unlawful or prohibited by these terms and conditions. Provider may not use the Site in any way that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Provider may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of this Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MamaCare360 or our suppliers and protected by all applicable copyright and intellectual property laws and proprietary rights. Provider agrees to observe and comply with all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes to that content.
Provider will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MamaCare360 and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.
6. CONSENT AND RELEASE FOR USE OF LIKENESS
Any Provider that registers for one of our events grants MamaCare360, our agents, employees, licensees, and successors in interest (the “Released Parties”) all ownership rights and the right to copyright, use, and publish any photographed likeness of you. The image may be copyrighted, used, and/or published individually or in conjunction with other photography or video works, and in any medium (including without limitation, print publications, public broadcast, CD-ROM format) and for any lawful purpose (including without limitation, trade, exhibition, illustration, promotion, publicity, advertising, and electronic publication).
Prover waives any right to inspect or approve our use of any images containing your likeness, or the advertising copy or printed matter that may be used in connection with the use and/or publication of any images containing your likeness. You release MamaCare360 from any and all claims of libel, slander, invasion of property, infringement of copyright or right of publicity, or any other claim related to an images containing your likeness. This release includes without limitation any claim related to blurring, distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur or be produced in the processing or publication of any images containing your likeness.
7. TERMINATION/ACCESS RESTRICTION
MamaCare360 reserves the right to terminate Provider’s access to the site in the event that they receive three (3) or more complaints from site-users regarding the Provider. MamaCare360 may also terminate access to the site in the event the the Provider has failed to maintain licensing qualifications, falsified records regarding licensing or qualifications, or has had their license revoke by the applicable governing body. MamaCare360 reserves the right to terminate your access to the Site and the related services or any portion thereof at any time, without notice and solely at our discretion. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this section.
Provider agrees that no joint venture, partnership, employment, or agency relationship exists between Provider and MamaCare360 as a result of this agreement or use of the Site. MamaCare360's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MamaCare360's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MamaCare360 with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MamaCare360 with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MamaCare360 with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
8. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN MAMACARE360 AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MAMACARE360 AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAMACARE360 AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAMACARE360 AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAMACARE360 OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
9. CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
11. INDEMNIFICATION
Provider agrees to indemnify, defend and hold harmless MamaCare360, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MamaCare360 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MamaCare360 in asserting any available defenses.
We welcome your questions or comments regarding these terms and conditions:
MamaCare360, Inc.
Privacy Department
Email Address: info@mamacare360.com
Effective as of: December 12, 2024