These Terms of Use set forth the terms and conditions that apply to your use of this website, https://junipermidwifery.com (the “Juniper Site”), and your use of Juniper services. The Juniper Site is owned and maintained by Juniper Midwifery and Women’s Health Nurse Practitioner, PLLC, a New York Professional Limited Liability Company (“Juniper”).
By accessing or using the Juniper Site, you agree to be bound by these Terms of Use. If at any time, you do not wish to be bound by these Terms of Use, you should discontinue accessing or using the Juniper Site immediately.
Juniper reserves the right to change these Terms of Use at any time and without prior notice to you. Any changes to the Terms of Use will be posted on the Juniper Site, and your continued use of the Juniper Site following any such changes will be deemed to constitute your agreement to the revised Terms of Use including those changes.
The Juniper Site provides general information about our organization, services, and educational resources. It is intended for informational and educational purposes only and does not constitute medical advice, diagnosis, or treatment.
In accordance with applicable legal, regulatory, licensing, and other requirements, Juniper conducts business and serves patients only in specific U.S. states. The states in which Juniper conducts business and serves patients are set forth on the Juniper Site, and Juniper may change such states (as well as any services it may provide) from time to time. Products and services described on the Juniper Site may not be available in all states and locations, and services will not be offered, solicited, performed, or provided by Juniper in any state or location where doing so would be unlawful or violate applicable legal, regulatory, licensing, and other requirements.
By using the Juniper Site, you understand and agree that you are not eligible for Juniper services if you do not live in one of the states in which Juniper conducts business and serves patients, as set forth on the Juniper Site from time to time. If you provide your address to Juniper through the Juniper Site or otherwise, you represent and covenant to Juniper that you are physically located in the same state as such address.
The Juniper Site is provided on an “as is” and “as available” basis. The information and descriptions provided on the Juniper Site are not meant to be a complete listing of every term, condition, or exclusion contained in the policies and contracts issued by Juniper, nor are they meant to be representations or warranties regarding the availability of any particular service or product to a given patient or visitor, or the suitability of any particular service or product to a given patient or visitor’s needs. In addition, information provided on the Juniper Site is subject to change, and Juniper does not guarantee the accuracy, completeness, or timeliness of information available on the Juniper Site.
Information provided on the Juniper Site is for informational purposes only and should not replace professional medical consultation or care. Always seek the advice of qualified healthcare providers regarding any medical condition, procedure, or care.
Juniper is not responsible for any decision made based on information provided on the Juniper Site.
Additionally, information provided on the Juniper Site does not constitute an offer, undertaking, contract, or agreement to extend services. Information provided on the Juniper Site does not in any way alter, modify, supplement, or supersede the terms of any contractual agreement to which Juniper is a party. In the event of any conflict between information provided on the Juniper Site and the terms of any contractual agreement to which Juniper is party, the terms, conditions, and limitations of the contractual agreement will govern.
TO THE FULLEST EXTENT PERMITTED BY LAW, JUNIPER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES FOR SERVICES OR PRODUCTS DESCRIBED ON OR PROVIDED THROUGH THE JUNIPER SITE, AND WARRANTIES OF NON-INFRINGEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree that your use of the Juniper Site is at your sole risk. Juniper does not warrant that the Juniper Site is free from viruses, so-called trojan horses, or other harmful conditions or components, or that the operation, availability, or content of the Juniper Site will be uninterrupted or free from error. Similarly, Juniper does not and cannot guarantee that any information entered or submitted by you to or through the Juniper Site will be free from risk of interception, misappropriation, and/or destruction by third-parties.
Certain portions of the Juniper Site may be password-protected and require authorization in order to be used or accessed. Any unauthorized access to or use of those areas, or unauthorized attempts to access or use those areas, is prohibited.
Use of the Juniper Site for any illegal, fraudulent, or unauthorized purpose is strictly prohibited. You may not use the Juniper Site in a manner that interferes with or disrupts its operation, or in any manner that is harassing, threatening, or defamatory with respect to any person, or that infringes on the intellectual property rights or other rights of any person, nor in any other manner described as prohibited within these Terms of Use.
You shall not: (a) impersonate any person or entity, or use or provide any fraudulent, misleading, or inaccurate information through the Juniper Site or Juniper services; (b) harass or threaten any person through the Juniper Site or Juniper services; (c) access or use another user’s account without permission, or solicit another user’s login information; (d) “frame” or “mirror” any portion of the Juniper siter or Juniper services; (e) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent any aspect of the Juniper Site or Juniper services; (f) harvest or collect information about or from Juniper service providers, patients, or other users of the Juniper Site or Juniper services; or (g) use the Juniper Site or Juniper services on behalf of or for the benefit of any third-party.
Juniper’s name and logo and other contents of the Juniper Site, including but not limited to graphics, logos, pictures, and text, are the property of Juniper and are protected by copyright, trademark, and/or other intellectual property laws. Such information may not be used, reproduced, distributed, or modified without the express prior written consent of Juniper. You may view and print such information for personal, noncommercial use only.
Any third-party content, company names, or logos that are available on or through the Juniper Site are the property of their respective owners. Such information may not be used, reproduced, distributed, or modified without the express prior written consent of their respective owners. You may view and print such information for personal, noncommercial use only.
The Juniper Site provides hyperlinks to other websites and portals that are not owned, maintained, or controlled by Juniper. These may include, though are not necessarily limited to, informational links and/or links and web addresses of third-parties. These links are provided for general informational purposes, and Juniper is not responsible for the security or privacy practices, or information-collection practices, of those third-party sites or portals. If you visit or use the third-party sites or portals, you should check the privacy policies of the sites or portals to confirm whether and how the sites or portals may collect or use personal information.
Similarly, Juniper is not responsible for the content or functioning of those sites or portals, or the privacy or security of those sites or portals, and Juniper does not endorse, adopt, or have control over information that may be provided on or through those sites or portals. Juniper is not responsible for, and disclaims any liability for, any products or services you may seek, purchase or obtain from third-parties, or any communications or information you may receive from third-parties as a result of you visiting their sites or otherwise engaging with those third-parties. Juniper has no responsibility or liability for any act, omission, or occurrence that is at all associated with any such third-party.
Your use of the Juniper Site is also governed by our Website Privacy Policy, which among other matters describes information privacy practices relating to the use of the Juniper Site. The Website Privacy Policy is available on the Juniper Site.
If you send an email message to an address listed on the Juniper Site or otherwise controlled by Juniper, Juniper may use your email address to enable us to respond to the communication and may retain the email address and the contents of the communication. Juniper will not sell such email addresses or disclose them to other companies for their marketing or advertising activities. If your message contains personal information that is subject to our Website Privacy Policy or our Notice of Privacy Practices for Protected Health Information, we will handle the information in accordance with the applicable policy.
It is important to be aware that we cannot control the security of email messages sent to us through third-party email servers, and messages traveling over the internet may be subject to viewing, alteration, or copying by others. We therefore encourage you to use care in deciding whether to send information to us via email.
TO THE FULLEST EXTENT PERMITTED BY LAW, JUNIPER SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, EMOTIONAL DISTRESS, LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, OR PUNITIVE OR EXEMPLARY DAMAGES, RESULTING, ARISING OUT OF, OR RELATING TO THE USE OF JUNIPER SERVICES, THE USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE JUNIPER SITE, THE INFORMATION, LINKS, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE JUNIPER SITE, OR THE SENDING, SUBMISSION, OR RECEIPT OF ANY DATA OR INFORMATION TO OR THROUGH THE JUNIPER SITE. APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT JUNIPER’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.
RELEASE. To the fullest extent permitted by law, you hereby release and forever discharge Juniper (and Juniper’s owners, equityholders, directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of, Juniper, the Juniper Site or the Juniper services; or (ii) any third-party material or services provided on the Juniper Site or through the Juniper services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
BENEFIT OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT JUNIPER HAS OFFERED ITS SERVICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS, THE LIMITATIONS OF LIABILITY, AND THE RELEASE SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS, THE LIMITATIONS OF LIABILITY, AND THE RELEASE SET FORTH ABOVE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND JUNIPER, AND THAT THE FOREGOING FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND JUNIPER. JUNIPER WOULD NOT BE ABLE TO PROVIDE ITS SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THE FOREGOING.
You agree to defend, indemnify, and hold harmless Juniper and the owners, equityholders, directors, officers, employees, contractors, service providers, agents, successors, assigns, and related companies and affiliates of Juniper from and against all losses, liabilities, damages, claims, and expenses, including attorneys’ fees, arising out of, relating to, or resulting from your violation of the rights of any other person or entity in connection with the use of the Juniper Site or Juniper services, or violation of these Terms of Use, or any use or misuse of the Juniper Site or information or content available on the Juniper Site, including any violations or misuses caused or conducted by your employees and agents.
If any provision of these Terms of Use is held to be unlawful, invalid, or for any reason unenforceable, then that provision shall be severed from the remaining Terms of Use, which shall remain valid and enforceable.
Juniper may modify these Terms of Use at any time to reflect changes in our practices or legal, regulatory, or other obligations, or for any other reason. Any changes to the Terms of Use will be posted on the Juniper Site.
These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you. Juniper may at any time, for any reason and without restriction, transfer or assign these Terms of Use and the obligations contained in these Terms of Use to a third-party. You hereby acknowledge and agree that if another company acquires Juniper or substantially all of our assets (by sale, merger, or otherwise), that transaction may include a sale or transfer of your infomration and you agree to such transfer without further action or confirmation.
These Terms of Use and our Website Privacy Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any conflict of law principles that would lead to the application of the laws of any other jurisdiction. Any lawsuit or legal claim arising out of or relating to your use of the Juniper Site or these Terms of Use or our Website Privacy Policy or any other dispute between you and us shall be brought in a court of competent jurisdiction within New York County in the State of New York, and you hereby consent to the personal jurisdiction of such courts in connection with any such action. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
Any claims brought by you or us must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor us will participate in a class action for any claims covered by these Terms of Use and/or our Website Privacy Policy or with respect to any other dispute between you and us. You hereby waive any and all rights to bring any claims related to these Terms of Use and/or our Website Privacy Policy or with respect to any other dispute between you and us as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf. To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties hereby agree that: (i) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action; and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JUNIPER SITE OR ANY JUNIPER SERVICES OR WITH RESPEC TTO ANY OTHER DISPUTE BETWEEN YOU AND US MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Juniper Site is intended for our adult patients and visitors seeking information about our services, including but not limited to, educational resources, and is not intended for use by children. We do not market products or services to children under 13 years of age, and we do not wish to receive, or knowingly collect, any personal information from children under 13 years of age.
If we become aware that such information has been provided, we will promptly delete it.
For questions about these Terms of Use or any aspect of the Juniper Site, please contact: hello@junipermidwifery.com.
