Nest Collaborative, Inc.
Last Revised: June 16, 2021 (“Effective Date”)
Welcome to the Nest Collaborative, Inc. d/b/a Nest Collaborative website www.nestcollaborative.com (the “Site”). Nest Collaborative (also referred to as “Nest,” “we” or “us”) provides this Site for your personal use. We operate the Site with links to a third party telehealth platform provider, through which we offer an online telehealth service through appropriately certified lactation consultants (“Health Care Professionals”).
The Services you receive from Health Care Professionals through the Site should not be used as a replacement for a primary care provider relationship. The Services you receive from Health Care Professionals through the Site 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 when recommended by a Health Care Professional or when otherwise needed, and you should continue to consult with your primary care provider and/or any other health care providers as needed or recommended. Additionally, the Health Care Professionals who provide Services through the Site 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 our Site and the Services provided through the Site are intended to provide benefits such as convenient access to Health Care Professionals and the Services they provide, there are potential risks associated with the use of the Site and the Services.
GENERAL RISKS OF TELEHEALTH
Information available to the Health Care Professional may not be sufficient to make a correct diagnosis or other health care decisions. There could be limitations, for example, in the information transmitted to the Health Care Professional; access to the patient’s complete medical records, which could lead to incorrect diagnoses or adverse drug interactions or allergic reactions; and the physical examination that Health Care Professional can perform (in particular, information that can be obtained only by touching the patient or being physically present with the patient will not be available). Additional risks are outlined in our Informed Consent to Treatment www.nestcollaborative.com/informed-consent-to-treat
TELEHEALTH IS NOT FOR EMERGENCIES
If you are experiencing an emergency, you should dial “911” immediately. The Site and Services are not for health care emergencies. You should always seek emergency care when recommended by a Health Care Professional or when otherwise needed.
THIRD-PARTY WEBSITES AND CONTENT
Our Site, via third party websites, may provide access to outside content. Additionally, the Site may integrate third-party applications, products, or services, such as third party websites that provide encrypted and password protected access to some or all elements of our Service, which may subsequently gain access to your data and/or protected health information (“PHI”). These third-party applications, products, and services are not affiliated with Nest and, as such, may have different policies regarding the handling of PHI and personally-identifying information (“PII”). Your use of these third-party applications, products, and services is subject to the terms and conditions and privacy practices/policies maintained by such third party applications, products, and services. We make no representations or warranties with respect to third-party applications, products, or services, or how they operate, including operations involving the privacy, security, exchange, and transmission of your data. We advise you to review the terms and conditions and policies/practices for all third-party applications, products, and services with which you engage. We do not endorse or hold any responsibility for, the information, practices, and policies they hold.
As Nest is distinct from any third party websites with whom we partner for the Services, or to which we otherwise link to through our Site, you acknowledge and agree that we are not responsible for the quality, integrity, safety, accuracy, availability, reliability, or legality of such third party websites, or resources contained therein and that we are not responsible or liable for any content, advertising, products, or other material available from such third party websites. Further, you acknowledge that Nest shall not be responsible or liable, directly or indirectly, for any damage, harm, injury, or loss of any kind caused or alleged to be caused by or in connection with the use of or reliance upon any content, material, or services available through any third party websites. You also understand and acknowledge that a link to a non-Nest website does not mean that Nest endorses or accepts any responsibility for the context or the use of the linked site. You acknowledge that are accept the risks of downloading any context from such sites.
GENERAL PAYMENT OBLIGATIONS
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Nest with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to Nest hereunder and that no additional notice or consent is required. If your insurance provider has arranged with Nest to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Nest, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your insurance provider to determine whether any Services will be reimbursed.
General Fees. Payments for Services rendered will be charged to the payment method you provide to our third-party telehealth platform provider (“Payment Method”) under the account you have established with the third party telehealth platform provider (your “Billing Account”). You agree to pay Nest all charges due at the prices then in effect for any Services rendered to you or your child(ren) by Health Care Professionals. You authorize Nest, or a third party billing partner, to charge you through your Payment Method for these Services. We reserve the right to correct any errors or mistakes made by any parties after payments have been requested or received. You may terminate your authorization for your Payment Method at any time by contacting Nest at email@example.com. Such notice will not affect any charges submitted to you for Services performed prior to the termination. We ask that you keep your billing information current and complete and update any information within 72 hours of a change. Please notify Nest should your Payment Method be canceled or suspended for any reason.
You can send messages to a Health Care Professional by emailing them at an email address they provide to you or by calling Nest’s main phone line and recording a voicemail; however, emails or other messages may not be returned immediately. Email messages received by Nest may be viewed by more than one Health Care Professional or another Nest agent. Voicemails and email messages will typically be answered within forty-eight (48) hours of receipt. Such voicemails and email messages do not give rise to a provider-patient relationship or an ongoing treatment relationship and do not constitute medical or health care treatment, diagnosis, therapy, advice, or services. If you are or could be experiencing a medical emergency, please call 911 or seek emergency care immediately.
Nest may contact you, as described above, to verify your account information and request response within 14 days. If you do not respond within that time frame, Nest can suspend your use of the Site and Services.
You agree that all agreements and consents can be signed electronically and all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such notice and other communications be in writing.
PRIVACY AND SECURITY
Nest is required to comply with federal and state health care privacy and security laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), its implementing regulations, and any state equivalents. HIPAA requires us to implement and maintain safeguards to protect the security of your PHI. Details regarding our privacy practices, including permitted uses and/or disclosures of your PHI, can be found in our Notice of Privacy Practices (“NPP”) www.nestcollaborative.com/notice-of-privacy-practices.
As part of providing the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements, and administrative messages. These communications are considered part of the Services and related to your Account with the Site. Nest will only send your PHI via secure message service in compliance with applicable law. Nest cannot secure any “incoming” PHI sent to us by email because such information can be accessed by other internet users. If you choose to send your PHI by email, as further addressed in our NPP, you acknowledge and agree that email is an insecure means of communication.
Nest will store your information relating to the Services you receive, including clinical notes and medical records, are stored on secure, encrypted servers maintained by Nest and our third-party partners. Any clinical records created as a result of your use of the Site and the Services will be securely maintained by Nest and/or its third-party partners on behalf of the Health Care 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 state and federal law, typically at least six (6) years.
USER ACCOUNTS and USER INFORMATION
You are responsible for maintaining the confidentiality of your User Account password and you are fully responsible for all activities that occur under your User Account. You are responsible for exiting your User Account completely and logging off at the end of each session. Please use caution when accessing your User Account from public or shared computers. You agree to notify Nest immediately of any unauthorized use of your User Account or any breach in its security. We will not be held liable for any loss or damage arising from your failure to comply with the above.
The contents of this Site, including without limitation, text, design, graphics, images and other content (collectively, the “Content”) are owned by or licensed to Nest, its third party vendors or other third parties and are protected under copyright law. Your use provides limited access to view, download and print the Content, solely in conjunction with your permitted use. No portion of the Site should otherwise be reproduced, stored or transmitted by any means for any purpose. Such unauthorized use will constitute a violation of copyright, trademark and other law. Any copies of trademarked materials or names obtained from our Site should retain all copyright and proprietary notices and should not be used without permission. Use of any Content does not grant ownership rights to the Site or its contents. You may not sell or modify Content or display such material for public or commercial use.
Unauthorized access via hacking is prohibited, as is the use of bots, spiders, scrapers, web crawlers, indexing agents, deep-links or other such devices, mechanisms or programs intended to the same.
Additionally, restrictions to use of the Site include accessing or tampering with non-public areas of the Site, our systems or the delivery of our systems or services. You may not interfere with the access of any user, host or network related to our Site or Service (i.e. sending viruses, overloading, flooding, spamming, mail-bombing, etc.) or attempting to tamper or change any related software.
You may deactivate your User Account and end your registration at any time, for any reason by sending an email to firstname.lastname@example.org. Nest may suspend or terminate your use of the Site and Services, your User Account, and/or your registration for any reason at any time. Subject to applicable law, we reserve the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, Nest will have no further obligation to provide you Services, except to the extent we are obligated to provide you access to your health records or Health Care Professionals are required to provide you with continuing care under their applicable legal, ethical, and professional obligations to you.
RIGHT TO MODIFY
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEST DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION. NEST DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS INTEH SITE WILL BE CORRECTED.
You assume total responsibility and risk for your use of this Site and any Services or linked websites. Nest does not warrant that files available for download will be free from viruses, worms or other destructive programming. You are responsible for implementing procedures for meeting your needs for data back-up and security beyond those required of Nest by law. Nest is not responsible for any inaccurate or incorrect Content posted on the Site or relayed through the Services provided. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any Communication caused by the user, Nest, or a third party. Nest is not responsible for any problems or technical malfunctions of network or phone lines, computer equipment or systems, servers, providers, software, email providers, or internet traffic, including injury or damage to you or any other person’s computer related to or resulting from using our Site or the Services. Under no circumstances will Nest or any of its affiliates or third parties be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, or any Content posted on or transmitted from the Site or relayed through the Services provided. Nest does not guarantee or promise any specific results from your use of the Site or the Services.
General advice posted to the Site or relayed through the Services provided is for informational purposes and is thus not intended to replace or substitute for any medical service or advice. The provision of general advice also does not form the basis for a provider-patient relationship. We disclaim any and all liability regarding any treatment, action by, or effect on any person following any
general information offered or provided via the Site or relayed through the Services provided. Specific concerns that require medical advice should be directed to an appropriately trained health care provider.
Warranties relating to products and services offered or sold by Nest are subject to separate warranty terms and conditions. Nest does not accept liability for the consequences arising from the use or misuse of any products or services made available via the Site.
The Site is intended for use within the United States. Those choosing to access the Site outside of the U.S. are responsible for compliance with all local laws, including those which may apply to Content on the Site which may be prohibited locally.
LIMITATIONS ON LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NEST OR ANY OF ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ACTUAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY, OR DEATH OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE UNDER THEORY OF BREACH OF CONTRACT, TORT, NEGLIGENCE, CONTRACT, WARRANTY, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, NEST’S LIABILITY TO YOU ARISING FROM THESE TERMS, THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 USD OR THE AMOUNT PAID BY YOU TO NEST FOR ACCESS TO AND USE OF THE SITE AND/OR THE SERVICES.
YOU RELEASE NEST AND HOLD IT AND ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER, SUPPLIERS, AND PROVIDERS, AND ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE WEBSITE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE AS CITED ABOVE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND THE SERVICES. WE, AND THOSE REFERENCED DIRECTLY ABOVE, EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF LACTATION CONSULTING SERVICES VIA OUR SITE OR THIRD PARTY TECHNOLOGY PLATFORM PROVIDER, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR MEDICAL MALPRACTICE. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
YOU AGREE THAT YOUR SOLE REMEDY TO ANY PROBLEM WITH THIS WEBSITE, INCLUDING ERRORS FROM AND INACCURACIES WITHIN, IS TO CEASE USING THE WEBSITE AND THE SERVICES PROVIDED THEREUNDER. NEST, ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER AND ANY THIRD PARTY WHO PROMOTES THE SERVICES OR PROVIDES YOU WITH A LINK TO THE WEBSITE, SHALL NOT BE LIABLE FOR YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTY, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ITS USE.
To the extent Nest may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to defend, indemnify and hold harmless Nest from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Nest arising out of any User Information you upload or transmit to/through the Site or any breach of your obligations related to such User Information.
Nest makes no representation that all products, services and/or material described on its Site, or the Services available through the Site, are appropriate, legal, or available for use in locations outside the United States or in all states or territories within the United States.
You hereby certify that if receiving lactation consulting services from a Health Care Professional via the Site, you shall provide an accurate identification for your physical location at the time you are receiving such Services. No geographical stipulation excludes delivery of Services provided by certified consultants, including lactation consultants acting within the scope of the certified practice for lactation consulting and outside the scope of any practice for which a higher license is required, regardless of whether such consultant has the higher certifications or licensures. The Health Care Professionals rely upon this certification in order to provide safe Services to you, and your ability to access the Services is fully conditioned upon your truthfulness of this certification. Should the certification of your location be inaccurate or untruthful, you agree to indemnify Nest, the Health Care Professionals, and any Nest subsidiaries, affiliates, officers, agents, and other partners, harmless from any resulting loss, liability, damages, costs or claims, made by you or any third party.
All lactation consultants performing Services through the Site hold certifications in lactation education and consulting. Some lactation consultants performing Services through the Site hold other or higher professional licenses that were issued by a professional licensing board in the state in which he/she practices. Services obtained through the Site are limited to lactation consultant services only.
You can report a complaint relating to Services provided by a Health Care Professional by contacting the professional certification body or licensing board in the state where the Services were received, or by contacting Nest 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.
Management Resolution. Disputes shall first be referred to Nest’s authorized representation. for discussion and resolution (“Management Resolution”). To begin the Management Resolution process, you must send a notice of your claim to email@example.com.
Injunctive Relief. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
- ACKNOWLEDGE THAT ALL YOUR QUESTIONS HAVE BEEN ANSWERED TO YOUR SATISFACTION.
- YOU AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
- YOUR AGREE THAT THIS ACTION CONSTITUTES A LEGAL SIGNATURE