Last Updated: May 10, 2023
1. The Services are for Informational Purposes Only and Do Not Provide Medical Advice
The Services may provide prenatal, postnatal, perinatal, birthing, and parenting related information for informational purposes only. The Services and the information provided through the Services ARE NOT MEDICAL ADVICE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE USE OF ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Do not disregard professional medical advice or delay seeking medical treatment because of something you have read or accessed through the Services. Huddle does not recommend, endorse, make any representation about the efficacy, appropriateness, or suitability of any specific tests, products, procedures, treatments, services, opinions or other information that may be provided or available through the Services. Huddle is not responsible nor liable for any advice or any other information or services you obtain through the Services. Nothing stated or shared through the Services is intended to be, and must not be taken to be, the practice of medicine or counseling care. If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately. If you are experiencing emotional distress, crisis, or suicidal thoughts, call 988 or 911.
2. Your Use of the Services
2.1. Experts as Independent Contractors. Any Huddle expert, consultant, or coach (“Huddle Expert”) you interact with through the Services are independent contractors and are not employees, agents, joint venturers or partners of Huddle. Huddle Experts do not have any express or implied power to enter into any agreements or contracts or to incur any liabilities on behalf of Huddle or to bind Huddle in any respect.
2.2 Unlawful Activity or Emergency Situations. Huddle reserves the right to investigate complaints or reported violations of these Terms or any unlawful activity or suspected unlawful activity that has occurred through or in connection with the Services. We may take any action we deem appropriate related to such unlawful activity, including but not limited to reporting any suspected unlawful activity to law enforcement officials or other third parties and disclosing any information necessary or appropriate to such persons or entities including information related to your profile, contact information (including phone number, email, and address), usage history, posted questions, other posts, IP addresses and traffic information. Additionally, Huddle reserves the right to contact emergency services, law enforcement, or other support services (such as 988) if we suspect or have reason to believe unlawful or physically harmful activity is occurring or is likely to occur. THE SERVICES ARE NOT A CRISIS SERVICE. IF YOU EXPRESS THOUGHTS REGARDING HARMING OR DANGER TO YOURSELF OR ANOTHER TO A HUDDLE EXPERT, OR GENERALLY VIA THE SERVICES, THE HUDDLE EXPERT OR SOMEONE FROM HUDDLE MAY CONTACT EMERGENCY SERVICES ON YOUR BEHALF.
2.4 Legal Compliance. You agree to comply with all international, federal, state, and local laws, statutes, rules, regulations and ordinances when you use the Services.
2.5 Email and Phone Communications. As a condition to accessing or using the Services, and certain other aspects of the Services, you must provide us with your email address and phone number. By participating in the Services, YOU EXPRESSLY AGREE AND CONSENT TO OUR COMMUNICATING WITH YOU VIA EMAIL, SMS/TEXT MESSAGES, VOICE CALLS, PUSH NOTIFICATIONS, AND OTHER ELECTRONIC COMMUNICATIONS THAT RELATE TO THE SERVICES. Standard per minute call and message and data rates may apply. You may opt-out of receiving these messages at any time.
3. Third-Party Content
Third-party content may appear on the Services or maybe accessible via links from the Services. We are not responsible for and assume no liability for said third-party content nor for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, or profanity of said third-party content. You understand that the information and the opinions in the third-party content represent solely the thoughts of that third-party and are not endorsed by Huddle.
Additionally, we may terminate your use of the Services at any time for any reason or no reason at all. We also may stop providing the Services at any time for any reason or no reason at all.
You can stop using the Site and the Services at anytime. Unless otherwise indicated on the SIte, any fees paid for the Services are non-refundable.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.
5. Fees and Payment
We reserve the right to require payment for the Services. If you elect to use the Services subject to fees, you agree to pay all applicable fees. We also reserve the right to change our prices in the future with prior notice to you. We may provide this notice by email, via the Site, by positing it in the Services or by other means. You agree that if you access the Services subject to fees following that notification, you accept the new charges.
7. Warranty Disclaimer
THE SITE, THE SERVICES, ANY HUDDLE CONTENT, AND ALL OTHER SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
NEITHER HUDDLE NOR ITS LICENSORS GUARANTEE OR WARRANT THAT THE SERVICES OR THE CONTENT (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (C) WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; (D) WILL BE CORRECT, ACCURATE, TIMELY, OTHERWISE RELIABLE OR APPROPRIATE FOR YOUR USE; OR (E) CAN OR WILL BE CORRECTED IF DEFECTS ARE IDENTIFIED. FURTHER, HUDDLE DOES NOT WARRANT THE QUALITY, SAFETY, SUITABILITY, RELIABILITY OR AVAILABILITY OF ANY SERVICES OBTAINED BY YOU FROM THIRD PARTIES THROUGH THE SERVICES.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, THE LIMITATIONS ABOVE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8. Limitation of Liability
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers, and service providers harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees related to your violation of these Terms of Service or use of the Services.
10.1. Binding Arbitration. Any dispute or claim arising in any way from your use of the Services, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Services in violation of these Terms of Service, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.
10.3. Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
10.4. Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to firstname.lastname@example.org. Huddle will send any notice of dispute to you at the contact information we have for you.
10.5. Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
10.6. Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Huddle will pay all other AAA and arbitrator’s fees and expenses.
10.7. Individual Basis. To the fullest extent permitted by applicable law, you and Huddle each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Huddle each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
10.8. Limitation Period. In no event shall any claim, action or proceeding by you or Huddle be instituted more than one (1) year after the cause of action arose.
10.9. Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
10.10. Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Huddle each agree to the exclusive jurisdiction of the Federal and State courts located in the Commonwealth of Massachusetts, and you and Huddle each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
10.11. Opting Out. If you do not want to arbitrate disputes with Huddle and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within thirty (30) days of the first of the date you access or use the Services.