Terms of Service
Effective Date: 07/24/2023
Welcome to Delayed Vaccine Schedule ("Website," "we," "our," or "us"). A website owned and operated by ASFMS, LLC, a Florida Limited Liability Company.
By accessing or using this Website, purchasing products, making donations, or
using any services provided through the Website, you agree to be bound by these
Terms of Service ("Terms"). If you do not agree with these Terms, you may not
use this Website.
1. Eligibility
You must be at least 18 years old or have the legal capacity to enter into a
binding agreement under applicable law.
2. Our Services
The Website provides:
- Curated directories and lists of pediatricians and related healthcare providers;
- Digital products available for purchase;
- Informational content; and
- The ability to make voluntary donations to support our mission and operations.
We reserve the right to modify, suspend, or discontinue any service at any time
without prior notice.
3. No Medical Advice
The information provided on this Website is for informational purposes only.
Nothing on this Website constitutes:
- Medical advice;
- Diagnosis;
- Treatment recommendations;
- Physician referrals; or
- A guarantee regarding any healthcare provider.
You should always consult a qualified healthcare professional regarding medical
concerns.
Use of any healthcare provider listed on this Website is entirely at your own
risk.
4. Pediatrician Listings
Our directories are compiled using information believed to be accurate at the
time of publication.
However, we do not guarantee that any listing is:
- Current;
- Complete;
- Accurate;
- Accepting new patients;
- Participating with your insurance;
- Licensed in a particular jurisdiction; or
- Appropriate for your individual needs.
Healthcare providers may change locations, licensing status, availability,
insurance participation, or practice information without notice.
Users are responsible for independently verifying all information before relying
on it.
5. Purchases
Digital products are sold subject to these Terms.
Prices are listed in U.S. dollars unless otherwise indicated.
We reserve the right to change pricing at any time.
Payment must be received before access to purchased materials is granted.
6. Digital Products
Unless otherwise stated, products sold through the Website are digital products.
You receive a limited, non-exclusive, non-transferable license for your
personal or internal business use.
You may not:
- Resell;
- Redistribute;
- Publish;
- Sublicense;
- Share;
- Copy for commercial purposes; or
- Reproduce our products without written permission.
7. Refund Policy
Because digital products are delivered immediately, all sales are generally
final.
Refunds may be granted at our sole discretion where required by law or under
exceptional circumstances.
8. Donations
The Website accepts voluntary donations.
Unless otherwise stated:
- Donations are voluntary;
- Donations do not create any ownership interest;
- Donations do not entitle donors to products or services unless expressly described; and
- Donations may not be refundable except where required by law.
Unless expressly stated, donations
should not be assumed to be tax-deductible.
9. User Conduct
You agree not to:
- Violate any applicable law;
- Interfere with Website operations;
- Attempt unauthorized access;
- Introduce malicious software;
- Use automated scraping tools without permission;
- Copy or harvest our directories;
- Infringe intellectual property rights; or
- Misuse the Website.
10. Intellectual Property
All Website content, including text, graphics, logos, software, databases,
compilations, directories, downloadable materials, and design, is owned by or
licensed to us and protected by copyright, trademark, and other intellectual
property laws.
No rights are transferred except as expressly stated.
11. Third-Party Websites
The Website may contain links to third-party websites.
We are not responsible for the content, services, privacy practices, or
accuracy of third-party websites.
12. Disclaimer of Warranties
The Website and all products are provided "AS IS" and "AS AVAILABLE."
To the fullest extent permitted by law, we disclaim all warranties, including
but not limited to:
- Merchantability;
- Fitness for a particular purpose;
- Non-infringement;
- Accuracy;
- Reliability; and
- Availability.
We do not guarantee uninterrupted or error-free operation.
13. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect,
incidental, consequential, special, exemplary, or punitive damages arising out
of or relating to:
- Use of the Website;
- Reliance on directory information;
- Healthcare decisions;
- Purchases;
- Donations; or
- Inability to use the Website.
Our total liability for any claim shall not exceed the greater of:
- The amount paid by you during the twelve (12) months preceding the claim; or
- Five U.S. Dollars ($5).
Some jurisdictions do not allow certain liability limitations, so portions of
this section may not apply.
14. Indemnification
You agree to indemnify and hold harmless the Website, its owners, officers,
employees, contractors, and affiliates from any claims, liabilities, damages,
losses, and expenses arising from:
- Your use of the Website;
- Violation of these Terms; or
- Violation of applicable law.
15. Privacy
Your use of the Website is also governed by our Privacy Policy.
16. Changes to These Terms
We may update these Terms at any time.
The revised Terms become effective upon posting.
Continued use of the Website constitutes acceptance of the updated Terms.
17. Governing Law
These Terms shall be governed by the laws of the State of
Florida, without regard to conflict-of-law principles.
Any dispute shall be resolved in the state or federal courts located within
[Miami-Dade County, Florida], and you consent to the jurisdiction of those
courts.
18. Severability
If any provision of these Terms is found unenforceable, the remaining provisions
shall remain in full force and effect.
19. Entire Agreement
These Terms constitute the entire agreement between you and the Website
regarding your use of the Website and supersede prior agreements relating to
the same subject matter.
20. Contact Information
If you have questions regarding these Terms, please contact:
ASFMS, LLC
www.delayedvaccineschedule.com/contact