Terms and Conditions
Last updated November 8, 2024
AGREEMENT TO OUR LEGAL TERMS
We are NEOwell (“Company,” “we,” “us,” “our”)
This Client Services Agreement (“Agreement”) is made by and between NEOwell, LLC, a Virginia Limited Liability Company, ( or “NEOwell Partners”), and the “Client.”
We operate, as well as any other related services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
The Company and the Client shall be referred to as the “Parties.” This Agreement shall include any child/children of the Client.
You can contact us by email at hello@neowellpartners.com.
These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and NEOwell, LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by these Legal Terms. If you do not agree with all of these legal terms, you are prohibited from using the services. We reserve the right to change or modify these Legal Terms at any time for any reason. You must review these Legal Terms and stay informed of updates periodically.
SCOPE OF THE TERM “CLIENT”
For the purposes of this Agreement, the term “Client” refers to the individual(s) seeking the services of NEOwell, LLC, and/or any children that the Company and Client expressly agree to include as part of this Agreement and the services that NEOwell, LLC provides.
SCOPE OF SERVICES
NEOwell, LLC provides comprehensive prenatal and postpartum services to families and individuals, including, but not limited to, consulting, education, lactation services, and in-home care to postpartum families and their newborns. In-home services provided by NEOwell, LLC include but are not limited to, pre-natal education, lactation consulting, newborn consulting, bottle consulting, and other services that the Client may require. This Agreement will outline the terms that govern the Companyʼs services and the Clientʼs responsibilities.
INTELLECTUAL PROPERTY RIGHTS
We are the owner of all intellectual property rights in our Services, including all website design, audio, video, text, photographs, and graphics.
OBLIGATIONS OF THE COMPANY
The Company acknowledges that privacy and discretion are paramount to the Client. The Company shall maintain the Clientʼs confidentiality as required by federal and state law. The Company will not provide such information to those third parties as disclosed in the statement of Clientʼs privacy rights, provided to the Client in a separate disclosure.
YOUR USE OF OUR SERVICES
Subject to your compliance with these Legal Terms, we grant you access to the Services and download or print a copy of any portion of the Content to which you have properly gained access. Except as set out in this section, no part of the Services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, or licensed for any commercial purpose without our prior written permission.
DISCLOSURE
The Company is not affiliated with the Clientʼs physician, obstetrician/gynecologist, surgeon, or any other health care providers or staff affiliated with such individuals. The Company does not make legal or medical decisions for the Client. It shall not be liable for any consequences from the legal or medical decisions made by the Client, the Clientʼs legal representative, or the physician. Client waives all claims against NEOwell, LLC for any damages or consequences of said legal or medical decisions.
LIMITATION OF SERVICES
Company will make every good-faith effort to provide the requested services to the Client according to the agreed-upon terms. The Client agrees to provide accurate and complete information to NEOwell, LLC, to ensure appropriate services. Agreement to a schedule shall not constitute a guarantee of service, and the Company reserves the right to cancel or suspend services with or without notice. Company shall not be held liable for failure to provide services (due to unforeseen circumstances), and Client releases Company of any potential liability hereunder.
STATEMENT OF PATIENT PRIVACY RIGHTS
Company will collect health information to ensure Client receives quality healthcare advice. The client has the right to have personal healthcare information kept confidential, and NEOwell, LLC will keep personal healthcare information confidential. This means that only those legally authorized to know or with a medical need to know will see Clientʼs personal information. All other information to improve NEOwell, LLC's care will be disclosed anonymously. Client has the right to refuse to answer questions and does not have to answer every question to obtain services. Client has the right to review Clientʼs personal health information. Company knows how important it is to collect and maintain correct health information.
MODIFICATIONS
We reserve the right to change, modify, or remove contents of the Services at any time or for any reason without notice at our sole discretion. However, we have no obligation to update any information on our Services. We will not be liable for any modification, price change, suspension, or discontinuation of the Services.
GOVERNING LAW
The courts of Virginia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms. Neither party to this Agreement shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through negotiations with the other party. If a dispute is not resolved within three (3) weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, either party may request the appointment of a qualified mediator. If the Company is forced to take legal action to enforce this Agreement or institute collection efforts for any amounts due under this Agreement, all fees and costs, including but not limited to collection fees, attorneyʼs fees, travel expenses, court costs, and any post-judgment collection fees, shall be the sole responsibility of the Client.
LIMITATION OF LIABILITY
Under no circumstances shall the Company be liable or responsible for any services provided by third parties. The Client shall indemnify, defend, and hold harmless the Company and its successors, officers, members, agents, independent contractors, and employees from any and all actions, causes of action, claims, demands, cost liabilities, expenses, and damages (including attorneys fees) arising out of, or in connection with, any services provided by any third- party service provider that provides services that are arranged by the Company pursuant to the provided services or in any way connected with the services rendered under the terms of this Agreement. The Company shall not be liable for any consequences from the legal or medical decisions made by the Client, the Clientʼs legal representative, or the physician. The Client waives all claims against the Company, its members, agents, independent contractors, and employees for any damages or consequences of said medical or legal decisions. In the event Client elects home care by a third party referred to the Client by the Company rather than care at a medical facility or surgical center that is contrary to the medical advice of the Clientʼs treating physician, the Company shall not be liable for any damages or the consequences of this decision.
AMENDMENT
This Agreement may be amended only by writing, signed by the Client, and by a duly authorized representative of the Company.
SEVERABILITY
The invalidity or unenforceability of any provision (as determined by a court or arbitrator of competent jurisdiction) shall not affect the validity or enforceability of the remainder of this Agreement or any other provision.
TERM
This Agreement shall commence on the date hereof and shall terminate One (1) year after the birth of the child named in this Agreement herein or upon the end of the third successive month of no services being booked by the Client, whichever occurs first (the “term”).
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. These Legal Terms operate to the fullest extent permissible by law. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. You agree that these Legal Terms will not be construed against us by having drafted them.