TERMS AND CONDITIONS
OF USE FOR THEPEDIATRICIANMOM LLC
INTRODUCTION
By using www.thepediatricianmom.com (“Website”) or any THEPEDIATRICIANMOM LLC publication, product, or service, including all text, graphics, images, materials, opinions, suggestions, ideas, concepts, designs, data, software, sound files, information, marks, and copyrights, whether registered or unregistered, (“Publications”), You expressly agree to all of the following terms and conditions (“Terms & Conditions).
Minors or people below 18 years old are not allowed to use the Website. By using the Website, you affirm that (i) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live), and (ii) you are a legal resident of a country where your access to and use of the Site are permitted. You represent that you are fully able and competent to enter into these Terms and to agree to abide by and comply with these Terms, (iii) that you have read and agree to these terms and the terms of our Privacy Policy, and (iv) that the foregoing was true at all times during your use of the Site, even if your use began prior to the effective date of these Terms.
If You do not agree to all of these terms, then do not continue to access the Website or Publications.
ThePediatricianMom reserves the right to modify these Terms at any time by posting a notice of such modifications in the relevant section of the Site, or by posting a notice in any other conspicuous manner that ThePediatricianMom deems sufficient. Your continued use of the Site will signify your acceptance of the changes to these Terms. Each time you access the site, such use will constitute acceptance of these terms, including any amendments or updates that ThePediatricianMom may have made from time to time.
LIMITED USE & INTELLECTUAL PROPERTY RIGHTS RESERVED
The content of ThePediatricianMom LLC’s Website and all Publications, and all Intellectual Property Rights in such content, the Website, and all Publications, are the exclusive property of ThePediatricianMom LLC (“TPM”), unless otherwise specified. As used in these terms, (1) “Intellectual Property Rights” means all rights granted, applied for, or otherwise, whether now in existence or later acquired, related to any patent, copyright, trademark, trade secret, or other intellectual property rights laws and all similar equivalent rights or forms of protection, in any part of the world. TPM retains all right, title, and interest in, or to (including any license under), any Intellectual Property Rights arising from, or relating to, the Website content, Publications, and TPM’s business generally, including all enhancements, modifications, updates, and derivative works. No provision of these Terms & Conditions shall be construed as: (1) granting You, by implication, estoppel, or otherwise, any license (except the limited license specifically stated above) or right to use any Website content or Publication for the financial gain of Yourself or any third party, except with prior written approval and agreement by TPM; or (2) releasing, relinquishing, or waiving any of TPM’s Intellectual Property Rights; and (2) “Content” means the Website, any information provided and hosted on the Website including on its social media platforms, blog, videos, or newsletter, and all new versions, updates, revisions, improvements, and modifications of the foregoing, to which TPM provides remote access and use. TPM reserves the right, in its sole and absolute discretion, to make any changes to the Content that it deems appropriate, necessary, or useful. You may use, and TPM grants you a limited, revocable, non-exclusive, license to use the Website and Publications, only for the limited purpose, and in the context for which it was provided to You. The term of this license is effective on Your initial use of the Website and contemporaneous acceptance of the terms, and remains in effect until terminated. You may not, and in no way does this Agreement confer any right in you to license, sublicense, sell, or otherwise authorize the use of the Content, whether in executable form, source code or otherwise, to or by any third parties.
This limited, revocable, and nonexclusive license authorizes You to: (1) purchase access to any applicable items with single print and/or electronic copy (or copies, if applicable by purchase order indicating purchase of additional copies) of the Website content or Publication(s); (2) use it for strictly for personal and noncommercial purposes in accordance with these Terms & Conditions, and not any revenue generating purpose or purpose not intended by these terms; (3) direct third parties to use the Website for their own use, but You may not distribute or provide any third party with access to the Website or Publications nor make the Website content or Publications available on a network where the content could be downloaded, accessed, or used by others; and (4) create a hyperlink, hashtag, or social media post crediting TPM for its Website content and Publications, so long as You do not portray TPM in a false, misleading, derogatory, or defamatory manner, or otherwise paint TPM in a negative light, and the hyperlink, hashtag, or social media post does not contain abusive, offensive, objectionable, or otherwise inappropriate content and is not a violation of the rights of TPM or any third party.
RESTRICTIONS
You are specifically restricted from all of the following: – publishing any Website material in any other media; – selling, sub-licensing and/or otherwise commercializing any Website material;
– publicly performing and/or showing any Website material; – using this Website in any way that is or may be damaging to this Website;
– using this Website in any way that impacts user access to this Website;
– using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
– engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; – using this Website to engage in any advertising or marketing.
Any attempted or actual violation of any term or condition is prohibited and effectively terminates, at the time of such violation, the limited license provided to You. TPM may terminate or limit access by subscribers or account holders who, in TPM’s sole determination, infringe upon TPM’s or any third party’s rights or violate any term or condition of these Terms & Conditions of Use or any other terms or conditions provided by TPM. TPM may, directly or indirectly, and by any lawful means, suspend, terminate or otherwise deny your access to or use of all or any part of the Content, the Website, or the Publication, in its sole discretion, for your violation of the terms of this Agreement or otherwise, including but not limited to violation of any other rules or requirements for continued use of the Content provided to you by TPM.
TPM may provide links to third party sites and content, including PayPal, and social media sites such as Facebook, Twitter, Instagram, and YouTube, for Your convenience, or marketing purposes. You understand TPM does not monitor or control any third-party site or content, and TPM makes no representation, warranty, guarantee, affiliation, or endorsement regarding the quality, content, nature, reliability, or rights of any such third-party site or content. You understand, by leaving our Website, additional terms and conditions may apply with respect to the third-party site, products, and content. Any dealings between You and a third party are solely between You and that third party, and thus TPM is not liable for any loss, damages, injuries, liabilities, penalties, expenses, or any other costs incurred by You based upon, relating to, or arising as a result of Your relationship with such third party, its site, content, and/or products, and TPM will not be a party to any proceeding, under any circumstances.
Upon any expiration or termination of this Agreement, except as expressly otherwise provided in this Agreement: (1) All rights, licenses, consents and authorizations granted by TPM to you hereunder will immediately terminate; (2) You shall cease all use of Content; (3) TPM may disable and deactivate any accounts you set up on the Content, and may otherwise prevent You from further accessing the Content; (4) Notwithstanding anything to the contrary in this Agreement, unless otherwise prohibited by law, with respect to information and materials then in its possession or control: TPM may retain Your Data, which Your Data is deleted in TPM’s ordinary course of business; (5) You will not be refunded any fees paid in connection with the Content.
ACCESS
TPM will use commercially reasonable efforts to provide You with consistent access to the Website by hosting, managing, operating, and maintaining the Website for remote access and use by You, including employing any security measures in accordance with applicable industry standards, and excluding: (1) scheduled downtime; (2) maintenance downtime or degradation due to force majeure event(s); (3) suspension or termination of Your access to or use of the Website in accordance with these Terms & Conditions; and (4) any other circumstances beyond TPM’s reasonable control.
TPM does not guarantee availability of any TPM Website content or Publications. Accordingly, You agree to hold TPM harmless for any unavailability, downtime, etc. of the Website, the Website content, and Publications.
PURCHASES
You represent and warrant to TPM, its subsidiaries, parent companies, affiliates, licensors, suppliers, and assigns, You: (1) will pay TPM the full retail price plus any applicable taxes in U.S. dollars as consideration for any retail purchas(es) of Publication(s), products, and Website content (if applicable), via PayPal, a third-party payment processor, or as otherwise directed by TPM; (2) any information (including payment profile information, contact information, and necessary authorizations) associated with Your PayPal account and the purchase is complete, current, and accurate; (3) may incur and will pay any separate fees, expenses, charges and other obligations associated with third-party terms and conditions, including the third-party payment processor services above-listed, and internet or other service providers necessary to view and/or use the Publications, products, and Website content; and (4) will authorize Your credit company, bank, or other payment organization to dispense the payment in full at the time of the purchase. TPM may, but is not required to, accommodate any change in Your shipping address, and is not liable for any overage fees, fees associated with insufficient funds, or other payment penalties resulting from the purchase. You understand TPM may retain any information related to purchases in accordance with its privacy policy.
You may contact TPM via email at pediatriciandotmom@gmail.com with any questions or concerns. TPM reserves the right, in its sole discretion to address customer services inquiries on a case base case basis. No refunds or returns will be accepted.
TPM may limit the sale of its Publications, in its sole discretion, and may change (at any time and for any reason) the descriptions, pricing, and shipping costs for Publications, including discontinuing any Publication, acceptance or denial of any promotion, and/or changes to any offer to sell.
INTERACTIVE SERVICES & YOUR DEVICES
You agree not to violate or attempt to violate the security of the Website, and specifically agree You will not: (1) access data not available to Your user account and server; (2) reverse engineer, scan, test, disassemble, decompile, decode, decrypt, or probe the Publications and the Website and its system, network, and servers, in breach of security or authentication measures; (3) interfere with service to any customer or user of TPM, whether by submitting a virus to the Website, overloading, flooding, spamming, mailbombing, crashing, or otherwise; (4) send unsolicited messages, promotions, or advertisements to TPM or its customers or users; (5) forge any transmission control protocol or intellectual property packet headers, information, emails, newsgroups or social networking post; (6) store, create, distribute, post, transmit, or otherwise publish content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of the privacy or violates the rights of TPM or any third party, or is abusive, inflammatory, fraudulent, or otherwise inappropriate, encourages or incites violence or insurrection, is confidential or protected or proprietary information, any content which violates any local, state, or federal law, or which misrepresents Your affiliation with any third party; (7) damage, destroy, disrupt, impair, interfere with or otherwise impede TPM’s Website content and Publications or TPM’s provision of services to any third party; or (8) attempt any of the above-listed actions.
You agree that you will, at all times: (a) set up, maintain and operate in good repair all your Devices or systems on or through which the Content is accessed or used; (b) provide all cooperation and assistance as TPM may reasonably request to enable TPM to exercise its rights and perform its obligations under this Agreement. You further agree that you have and will retain sole responsibility for: (a) all Your Data, including its content and use; (c) your Devices; (d) the security and use of your Devices; (e) access to and use of the Content and TPM Materials directly or indirectly by or through your Devices, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions and actions based on, such access or use; and (f) any and all other aspects of the operation, maintenance, and management of, and all access to and use of, your Devices, and all access to and use of the Content and TPM Materials by any Person by or through your Devices or any other means controlled by you.
By submitting, storing, creating, distributing, posting, transmitting, or otherwise publishing any content on TPM’s Website, You grant to TPM, its parent, subsidiaries, licensors, affiliates, and assigns, an irrevocable, royalty-free, perpetual and nonexclusive license to use, store, analyze, transmit, reproduce, modify, alter, adapt, publish, translate, create derivatives works from, distribute, display, and otherwise control such content in any manner or media relating to the Website or Publications, without any compensation owed to You. Additionally, You warrant to TPM, any such submission, distribution, post, transmission or publication is not in violation of any provision of these Terms & Conditions or any other terms and conditions, intellectual property rights, legal agreements, etc. (including any required authorizations). TPM will control and may protect any data submitted by You to TPM in accordance with the privacy policy located on the Website.
TPM reserves the right to remove, delete, negate, or otherwise object to any content You store, create, distribute, post, transmit, or otherwise publish on the Website. In addition to the above listed restrictions You will not post any content promoting health claims, benefits, or advantages to using any particular type or brand of products, or content which inhibits any other customer of TPM from use and enjoyment of the Website.
You accept and retain sole responsibility for maintaining all of Your data, its content and use, and Your devices (including maintenance, security, and use of them), to prevent any third party access or use of the Website, and/or Publications, with or without Your knowledge or consent, and You expressly accept responsibility for any results, conclusions, decisions, and actions of any third-party based on such access or use.
TPM will employ security measures in accordance with applicable industry practice.
NO WARRANTIES
This Website is provided “as is,” with all faults, and TPM express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Nothing contained on this Website shall be interpreted as the provision of medical advice.
DISCLAIMER & INDEMNIFICATION
All content found on this website, including text, images, audio and video was created for informational and entertainment purposes only and represents Dr Playforth’s personal opinions. The Pediatrician Mom™ Website is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on The Pediatrician Mom™ website. If you think you may have a medical emergency, call your doctor, go to the Emergency department, or call 911 immediately.
ALL CONTENT PROVIDED BY TPM, INCLUDING TPM’S WEBSITE AND SOCIAL MEDIA CONTENT AND ALL PUBLICATIONS, INCLUDING TEXT, IMAGES, AUDIO AND
VIDEO WAS CREATED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND REPRESENTS DR PLAYFORTH’S PERSONAL OPINIONS. TPM IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE LEARNED ON TPM.
IF YOU THINK YOU OR YOUR CHILD MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, GO TO THE EMERGENCY DEPARTMENT, OR CALL 911 IMMEDIATELY.
TPM’S WEBSITE AND PUBLICATIONS ARE INTENDED FOR USE BY INDIVIDUALS 18 YEARS OF AGE OR OLDER. ALL ACTION OR INACTION YOU TAKE IN RELIANCE ON ANY INFORMATION PROVIDED BY TPM IS AT YOUR OWN RISK AND TPM IS NOT LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY FOR ANY INJURY, LOSS, DAMAGES, OR CLAIMS OF ANY KIND, WHATSOEVER, UP TO AND INCLUDING DEATH.
Except as otherwise specified in a writing signed by TPM, the Website content and Publications are provided on an “as is”, “as available” and “with all faults” basis, without warranties of any kind, either express or implied. TPM, its parent, suppliers, licensors, subsidiaries, affiliates, respective members, employees, independent contractors, agents and representatives make no guarantees or warranties (whether statutory, express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, warranties arising from course of dealing, usage, or trade practice, and non infringement of information) regarding: (1) the accuracy, quality, functionality, availability, accessibility, reliability, performance, and timeliness of Website content and Publications, or third-party sites, hyperlinks and content; (2) the use of the Website, its server(s), or any third-party site or server(s) as safe or free from malware, viruses, and other hardware and software damaging causes; (3) any information or content posted or hosted on the Website, for any purpose; (4) satisfaction of any local, state, or federal law, regulations, orders, or directives for software compliance, or required disclosures of information on prescription drugs, food products, supplements, vitamins, or any other packaging descriptions and required disclosures; and (5) whether any products, Publications, or Website content will meet Your or any third party’s requirements, operate without interruption, achieve any of Your intended results, be compatible with any application, systems or other services.
You represent and warrant to TPM, You are duly authorized and empowered to accept (whether on behalf of Yourself or any organization, entity or enterprise other than on behalf of Yourself, including work as an independent contractor or employee), and You do accept without fraud, duress, or undue influence, these Terms & Conditions. Additionally, You and any applicable associated third-party organization, entity or enterprise, jointly and severally, indemnify, defend, and hold TPM, its parent, and subsidiaries harmless from and against any and all claims, liabilities, suits, injuries, losses, damages, penalties, expenses, and all other costs and actions or proceedings brought against TPM, based upon (or arising as a result of) a violation of these Terms & Conditions. Any waiver by TPM of any right or remedy under these Terms & Conditions is not a waiver of any other right or remedy of the same kind, or subsequent right or remedy.
You agree to indemnify and hold harmless TPM from and against all liability, damages, loss, cost or expense, including but not limited to reasonable attorneys’ fees and expenses, arising out of or in connection with any claims that (i) your use or access of the Content infringes or otherwise violates any rights of any such third party, (ii) your use or access of the Content in contravention of this Agreement, including but not limited to the prohibitions in Section 3, (iii) your provision of, or TPM’s use of Your Data has caused damage to, infringed the rights of, or caused the dissemination or unauthorized access of the data of, any third party, and/or (iv) your provision of, or TPM’s use of Your Data caused damage to a third party including but not limited to as a result of Harmful Code, whether negligent or intentional.
TPM reserves the right, in its sole discretion, to change, modify, or amend these Terms & Conditions, including any policy, guideline, or directive, at any time and for any reason (and with or without notice). Any change, modification, or amendment by TPM is effective immediately upon adoption by TPM. You expressly waive notice of any such change, modification, or amendment and Your continued use of the Website or Publication(s) thereafter is acceptance of such change, modification, and amendment.
LIMITATION ON LIABILITY
In no event shall TPM, TPM’s parent, licensors, subsidiaries, affiliates, respective members, employees, independent contractors, licensors, licensees, assignees, agents, or representatives be liable for any direct, special, indirect, incidental, punitive, or consequential damages, including physical injury or loss, death, wrongful death, loss of profits, loss of data, loss of records, property damage, products liability, strict liability, whether brought in tort or contract, arising out of or relating to: (1) the Website content and Publications; (2) any third party content or site; (3) use of, or inability to use, TPM’s Website; and (4) use of, or inability to use, any third party’s Website.
LAW AND VENUE
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to its principles of conflicts of laws. If a dispute arises, You will notify and allow TPM to resolve any dispute before initiating the arbitration process. If, and only if, TPM does not resolve the dispute within 60 days from the date Your notice is received, then You may initiate the arbitration process. You hereby irrevocably and unconditionally consent and agree to submit any dispute with TPM, its parent, and subsidiaries to binding arbitration under the rules of the American Arbitration Association (“AAA”), before a single arbitrator, governed by the AAA’s Commercial Arbitration Rules, in the County of Fairfax, State of Virginia, or any other county which TPM reasonably chooses at the time of the dispute, rather than in court of any other proceeding and expressly waive any right to jury or bench trial or any other court or legal proceeding. The parties shall share equally the cost of arbitration, including any filing fees and arbitration fees. Unless otherwise ordered by the arbitrator, each party shall be responsible for all other respective fees and costs, including but not limited to fees for attorneys or expert witnesses. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so. However, TPM may seek immediate injunctive relief in a court of law, in addition to any other remedy provided for by these Terms & Conditions or under applicable law, if You violate any of term or condition (wholly or in part). Any claim or lawsuit arising out of these Terms & Conditions must be filed no more than six (6) months after the due date of the occurrence that is the subject of the claim or lawsuit, or within the applicable statute of limitations, whichever expires first, and YOU EXPRESSLY WAIVE ANY OTHER STATUTE OF LIMITATIONS PERIOD OF LONGER THAN SIX (6) MONTHS.
You agree that your sole and exclusive remedy for any dispute with TPM is to stop your use of or access of the Content. Under no circumstances shall TPM or its owner(s), employees, or agents be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your access or use or inability to access or use the Content or TPM Materials. Such prohibited damages include, but are not limited to, lost profits, data loss, business damage, or damages that are not reasonably foreseeable. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or other specific types of damages. To the extent you reside in any such jurisdictions, this paragraph will not apply to you.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY, AND YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING against TPM and/or its related parties or entities for any and all claims related to TPM’s Website, Publications, these Terms & Conditions, or otherwise including or related to TPM. The provisions of this paragraph survive the termination of Your use of the Website, products, and Publications.
SEVERABILITY
If any provision (wholly or in part) of these Terms & Conditions is determined to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms & Conditions (wholly or in part) shall be subject to partial enforcement. If no such interpretation is possible, then the unenforceable provision shall be deemed struck and the remainder of these Terms & Conditions shall remain valid and enforceable.
MISCELLANEOUS PROVISIONS
Individuals may experience seizures, headaches, blackouts, dizziness, altered vision, eye or muscle twitches, loss of awareness or vision, confusion, disorientation, involuntary movement, convulsions, or other symptoms when exposed to certain visual images, including patterns or flashing lights. If You experience any symptoms, discontinue use of the Website and/or Publications and consult a qualified healthcare provider.
Headings used in these Terms & Conditions are for reference only and do not affect the interpretation or enforcement of any term or condition.
These Terms & Conditions will inure to the benefit of TPM, its parents, subsidiaries, and successors in interest, including successors through merger, consolidation, or sale of substantially all of TPM’s ownership or assets.
TPM may receive commission from products and services sold on affiliated websites.
These Terms & Conditions survive termination of Your use of the Website and/or Publications.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between TPM and You in relation to your use of this Website, and supersede all prior agreements and understandings.