Terms and Conditions, Disclaimer, and Limitation of Liability
Introduction
This Terms and Condition, Disclaimer, and Limitation of Liability Agreement (the “Disclaimer”) is a binding legal agreement between you and Newborn Sleep Training, LLC (“Newborn Sleep Training, LLC,” “Newborn Sleep Training,” “Company”, “we,” “us,” and “our), which governs your use of Newborn Sleep Training’s products, parent coaching services, newborn coaching services, websites, applications, contents, etc. (collectively, “Services”). Please read the following Terms and Conditions, Disclaimer, and Limitation of Liability carefully. By accessing or using our services, or products, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, client, or prospective customer or client to read the terms of this agreement before proceeding to use our services. If you do not expressly agree to all of the terms mentioned below, then please do not access or use our sites, services, or products.
Important! The information and content provided through Newborn Sleep Training services are not intended or implied to be a substitute for professional medical advice. Always consult a healthcare provider to determine what is appropriate for your specific situation, and to clarify any questions about your care plan. While Newborn Sleep Training provides information on many topics, it is not by any means should be substituted for a healthcare provider’s advice. You are responsible for making the informed and educated decisions that are right for you and your family.
Consult With Health Care Provider
We only provide general information that may or may not apply to your newborn’s health condition or circumstances. You agree to consult with a pediatrician or family physician (“health care provider”), about your intention to sleep train prior to implementing the sleep plan if you have any questions regarding your child's health. It is your responsibility to be sure that any underlying medical conditions that may be causing sleep problems (including, but not limited to, sleep apnea, ear infection, allergies, and asthma) have been ruled out as well as to ensure that the health care provider has advised that your child is healthy. If you desire to stop nighttime feedings, you should be sure that doing so is okay with your healthcare provider. You further agree to notify us of any changes to the child's health during the sleep training process as sleep training should not be implemented for a child who is ill or has an underlying medical condition that affects sleep. There is no substitute for the relationship between a medical professional and his or her patient. See your treating physician, osteopath, nurse practitioner, midwife or other qualified healthcare provider regarding any questions you have about your newborn’s health and any medical condition your newborn may have.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation of Liability
Newborn Sleep Training, LLC, will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Newborn Sleep Training, LLC, has been expressly advised of the potential loss.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
No Warranties
This Website is provided “as is” without any representations or warranties, express or implied. Newborn Sleep Training, LLC makes no representations or warranties in relation to this Website, or the information and materials provided on this Website.
Newborn Sleep Training, LLC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without prejudice to the generality of the foregoing paragraph, Newborn Sleep Training, LLC does not warrant that:
this Website will be constantly available, or available at all; or
the information on this Website is complete, true, accurate or non-misleading.
Exceptions
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that would be unlawful to exclude or limit;
Other parties
You accept that, as a limited liability entity, Newborn Sleep Training, LLC, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the officers or employees of Newborn Sleep Training, LLC, in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect Newborn Sleep Training, LLC, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
Unenforceable provisions
If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
Indemnity
You hereby indemnify Newborn Sleep Training, LLC and undertake to keep Newborn Sleep Training, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Newborn Sleep Training, LLC to a third party in settlement of a claim or dispute on the advice of the legal advisers of Newborn Sleep Training, LLC,) incurred or suffered by Newborn Sleep Training, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Nothing on this website or in the content of the products offered is intended to be a diagnosis or advice from a medical professional or any professional associated with the medical profession. We urge you to seek advice from a medical professional in connection with each of our suggestions. The ultimate decision on any care must be made only between you and your medical professional.
Breaches of these terms and conditions
Without prejudice to the Newborn Sleep Training, LLC, other rights under these terms and conditions, if you breach these terms and conditions in any way, Newborn Sleep Training, LLC may take such action as Newborn Sleep Training, LLC deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Variation
Newborn Sleep Training, LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.
Designated Agent.
The Digital Millennium Copyright Act limits service provider liability relating to material online. In compliance with the Act, Newborn Sleep Training, Inc., has registered a Designated Agent with the United States Copyright Office to receive notice of alleged copyright infringements contained on the Website. All inquiries into alleged copyright infringement on WPCWM should be sent to grace@newbornsleeptraining.com
Assignment
Newborn Sleep Training, LLC may transfer, sub-contract or otherwise deal with Newborn Sleep Training, LLC, rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, together with the Privacy Policy http://sleeplady.com/privacy-policy/ constitute the entire agreement between you and Newborn Sleep Training, LLC in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of California and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of California.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us:
By email: grace@newbornsleeptraining.com or by U.S. Mail to:
Newborn Sleep Training, LLC
2326 California St, #15
Mountain View, CA 94040