Website Terms of Use | Thrive Pediatrics

WEBSITE TERMS OF USE

Agreement; Acceptance of Terms.
1. These Website Terms of Use (the "Terms" or this "Agreement") govern your access to and use of the website operated by Thrive Pediatrics, a direct primary care medical practice owned and operated by Elizabeth Kurowski, M.D. (the "Practice," "we," "us," or "our"), located at https://www.thrivepedswi.com (the "Website").
2. By accessing, browsing, or otherwise using the Website in any manner, you (the "User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms, as they may be modified from time to time as set forth in Section 2 (Changes to These Terms).
3. If you do not agree to these Terms, you are not authorized to access or use the Website and must immediately discontinue use.
4. You represent and warrant that:
  1. You are at least eighteen (18) years of age, or the age of majority in your jurisdiction of residence, whichever is greater; and
  2. You have the legal capacity and authority to enter into this Agreement, and, if you are accessing the Website on behalf of an entity or another individual, you are authorized to bind that entity or individual to these Terms.
5. These Terms apply solely to your use of this Website. They do not govern, and are expressly separate and distinct from:
  1. Any direct primary care membership or services you may receive from the Practice; or
  2. Any other professional or clinical services that may be provided by the Practice, the physician-owner, or any other licensed healthcare professional affiliated with the Practice.
  3. Any such services are governed exclusively by separate written agreements and forms, including, without limitation, the Practice’s Direct Primary Care Membership Agreement and any other consent or intake documents applicable to those services.
Changes to These Terms.
1. We reserve the right, in our sole discretion, to modify, amend, or replace these Terms, in whole or in part, at any time and from time to time.
2. Any changes to these Terms will be effective when posted on the Website or on such later date as may be specified in the revised Terms. We may, but are not obligated to, provide additional notice of material changes (for example, by posting a notice on the Website home page or sending you an email if we have your contact information).
3. It is your responsibility to regularly review these Terms for any changes. Your continued access to or use of the Website after the posting of revised Terms constitutes your binding acceptance of those changes.
4. If you do not agree with the amended Terms, you must cease all access to and use of the Website.
No Medical Advice.
1. The Website, including all content, text, data, graphics, images, videos, audio, information, postings, articles, blog entries, FAQs, and other materials made available on or through the Website (collectively, the "Website Content"), is provided for general informational and educational purposes only.
2. The Website Content is not intended to, and does not, constitute or substitute for medical advice, diagnosis, treatment, the practice of medicine, the practice of nursing or any other healthcare profession, or any individualized or professional health care services.
No Physician-Patient Relationship.
1. Your access to, or use of, the Website or any Website Content, including, without limitation, the act of sending us a message through any general contact form on the Website, does not create and is not intended to create a physician-patient relationship, doctor-patient relationship, or any other professional healthcare relationship between you and the Practice, the physician-owner, or any other healthcare professional affiliated with the Practice.
2. A physician-patient relationship with the Practice is created only in accordance with applicable law and only after you have been accepted as a patient or member by the Practice, you have completed all required intake and consent procedures, and you and the Practice have entered into, and executed, the applicable Direct Primary Care Membership Agreement or other governing agreement.
3. You should never disregard professional medical advice or delay seeking it because of something you have read on, or obtained from, the Website. You should not rely on the Website or the Website Content for decisions or actions regarding your health, medical care, or any other professional services.
4. The Website may allow you to submit general inquiries or appointment requests. Such communications are not a substitute for appropriate medical evaluation and care, do not create a physician-patient relationship, and may not be monitored in real time or on a continuous basis.
5. Before acting on any information found on the Website, you should consult a qualified healthcare professional who is familiar with your specific medical condition, history, and circumstances.
Not for Emergencies or Urgent Situations.
1. The Website is not designed for, intended for, or appropriate for emergency or urgent medical situations, crisis situations, or time-sensitive communications requiring immediate or rapid response.
2. If you are experiencing a medical emergency or believe that you may be experiencing a medical emergency, do not use the Website. You must call 911 (or the appropriate emergency number in your jurisdiction) immediately and/or go to the nearest hospital emergency department or urgent care facility.
Scope of Website Use; No Direct Primary Care Membership Terms.
1. These Terms govern only your access to and use of the publicly accessible portions of the Website and any informational, educational, marketing, or other non-clinical materials and features made available on or through the Website.
2. These Terms do not govern your enrollment in, or participation as, a member of any direct primary care program offered by the Practice or define, modify, or regulate the rights and obligations of the parties under any direct primary care membership agreement or any other clinical services agreement.
Privacy; Separate Privacy Policy.
1. The Website is intended for general informational purposes and is not designed to receive or store detailed protected health information (PHI) as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"). You should not submit sensitive medical or health information via general Website forms.
2. To the extent that any information you provide to the Practice through secure patient portals or other HIPAA-compliant platforms is subject to HIPAA or other applicable privacy laws, such information will be handled in accordance with the Practices HIPAA Notice of Privacy Practices and other applicable privacy documentation, which are separate from these Terms.
3. The Website may contain links to or integrations with third-party services used for functions such as scheduling, membership enrollment, patient communications, electronic forms, payment processing, and practice administration. When you access or use a third-party service, that provider’s terms of use and privacy notice may also apply.
4. The Practice may receive and use information submitted through third-party services to schedule appointments, respond to inquiries, administer enrollment, communicate with prospective or current patients and their legal representatives, process authorized transactions, maintain appropriate records, and provide related administrative services.
5. If you provide an email address or mobile telephone number through a Website-related service, any consent to receive email or text messages will be governed by the disclosures presented when the information is collected. Message and data rates may apply to text messages, and available opt-out instructions should be followed to discontinue messages.
Ownership of the Website and Intellectual Property.
1. The Website, including without limitation all Website Content, design, layout, look and feel, interfaces, software, source code, object code, compilations, and underlying data, is owned by the Practice or its licensors and is protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
2. All trademarks, service marks, trade names, logos, and trade dress (collectively, "Marks") displayed on the Website are the property of the Practice or their respective owners. You are not granted any license or right to use any Marks by virtue of your use of the Website.
User Conduct and Prohibited Activities.
1. As a condition of your access to and use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms.
2. Without limiting the generality of the foregoing, you agree that you will not, directly or indirectly:
  1. Use the Website in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website, or that could damage, disable, overburden, or impair the functioning of the Website or any servers or networks connected to the Website;
  2. Use any robot, spider, scraper, crawler, automated script, or other automated device, means, or process to access, monitor, copy, or collect data or other content from the Website for any purpose without our express prior written consent;
  3. Introduce any viruses, worms, Trojan horses, malware, or other harmful or malicious code, files, or programs designed to interrupt, destroy, limit, or otherwise harm the functionality of any software, hardware, or telecommunications equipment;
  4. Attempt to gain unauthorized access to any portion of the Website, any other systems or networks connected to the Website, or any server, including through hacking, password mining, or any other means;
  5. Probe, scan, or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website;
  6. Circumvent, disable, or otherwise interfere with any security-related features of the Website or features that enforce limitations on the use of the Website;
  7. Use the Website for any fraudulent, unlawful, harassing, defamatory, libelous, abusive, obscene, vulgar, invasive of another’s privacy, hateful, or otherwise objectionable purpose;
  8. Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity, including misrepresenting that you are a patient or member of the Practice if you are not;
  9. Collect, harvest, or store personal data about others obtained through the Website, without their express consent and in violation of applicable law;
  10. Use the Website in any manner that could be construed as the unauthorized practice of medicine or any other regulated profession, including offering or soliciting medical advice or treatment to or from other users;
  11. Use the Website in violation of any applicable local, state, national, or international law, regulation, or professional standard.
  12. We reserve the right, in our sole discretion and without notice, to terminate or restrict your use of the Website if we believe you have engaged in any prohibited activity or otherwise violated these Terms, or for any other reason or no reason, subject to applicable law.
No Warranties; Disclaimers.
1. You expressly acknowledge and agree that your use of the Website and Website Content is at your sole risk.
2. To the maximum extent permitted by applicable law, the Website and all Website Content are provided on an as is and as available basis, without any warranties of any kind, whether express, implied, or statutory.
3. Any reliance on or use of any Website Content is at your own discretion and risk. You are solely responsible for verifying the accuracy, completeness, and applicability of any Website Content before relying on it.
4. The Website may contain typographical errors, inaccuracies, or omissions, and the Practice reserves the right to correct any such errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
Limitation of Liability.
1. To the maximum extent permitted by applicable law, in no event shall the Practice, the physician-owner, or their respective owners, officers, directors, employees, contractors, agents, licensors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, goodwill, data, or other intangible losses; business interruption or inability to use the Website arising out of or in connection with your access to or use of, or inability to access or use, the Website.
2. To the maximum extent permitted by applicable law, the total aggregate liability of the Practice, the physician-owner, and their respective owners, officers, directors, employees, contractors, agents, licensors, and affiliates, for any and all claims arising out of or relating to these Terms or your access to or use of the Website shall not exceed one hundred dollars (US $100.00).
3. Some jurisdictions do not allow certain exclusions or limitations of liability. To the extent that applicable law does not permit the exclusion or limitation of liability set forth above, such exclusions and limitations shall apply to you to the fullest extent permitted by such applicable law.
Availability; Suspension; Termination.
1. The Practice reserves the right, in its sole discretion, to modify, suspend, or discontinue the Website, in whole or in part, at any time and for any reason, with or without notice, or restrict, suspend, or terminate your access to and use of the Website, in whole or in part, at any time and for any reason or no reason, including, without limitation, for any violation of these Terms.
2. Termination or suspension of your access to the Website will not limit or affect any other rights or remedies available to the Practice at law or in equity.
3. Sections that, by their nature, should survive termination of these Terms shall survive any such termination.
Dispute Resolution; Time Limit to Bring Claims.
1. If you have a dispute with the Practice relating to the Website or these Terms, you agree to first contact the Practice using the contact information provided in Section 14 and to attempt to resolve the dispute informally.
2. To the fullest extent permitted by applicable law, you agree that any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.
Miscellaneous.
1. Entire Agreement. These Terms, together with the Notice of Privacy Practices and any other legal notices or additional terms posted on the Website and expressly incorporated by reference, constitute the entire agreement between you and the Practice with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, negotiations, and communications, whether written or oral, relating to such subject matter.
2. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall continue in full force and effect.
3. No Waiver. No waiver by the Practice of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Practice to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
4. Assignment. You may not assign, transfer, or delegate any of your rights or obligations under these Terms, by operation of law or otherwise, without the prior written consent of the Practice. The Practice may assign, transfer, or delegate any or all of its rights and obligations under these Terms without restriction and without notice to you.
5. Relationship of the Parties. Nothing in these Terms shall be construed to create any partnership, joint venture, agency, fiduciary, employment, or other relationship between you and the Practice. You are an independent user of the Website and not an employee, agent, or partner of the Practice.
6. Headings. The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
7. Interpretation. As used in these Terms, the words "include," "includes," and "including" are deemed to be followed by the phrase "without limitation." The singular includes the plural and vice versa, as the context may require.
8. Notices. The Practice may provide you with notices, including notices regarding changes to these Terms, by posting such notices on the Website, by email (if you have provided an email address), or by any other reasonable means. Notices shall be deemed given:
  1. If sent by certified mail, return receipt requested, upon confirmation of delivery;
  2. If sent by nationally recognized overnight courier, upon confirmation of delivery;
  3. If sent by email, upon confirmation that the email has been transmitted without error (provided that a hard-copy backup may also be requested).
9. Governing Law. This Agreement and any dispute arising out of or relating to these Terms or your access to or use of the Website shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to its conflict of laws principles.
10. Contact Information. If you have any questions about these Terms or the Website, or if you wish to report any violation of these Terms, you may contact the Practice at:

Thrive Pediatrics

2607 N Grandview Blvd, Suite 104

Waukesha, WI 53188