For purposes of this Agreement, “Site” refers to the Company’s website, which can be accessed at https://www.babysettler.com/ or any other application associated with the Company later developed. This includes social media platforms developed by the Company and mobile applications.
“Service” refers to the Company’s services accessed via the Site. The Service is designed to provide a platform to enhance your personal experience.
The terms “we,” “us,” and “our” refer to the Company.
“You” refers to you, as a user of our Site or our Service.
I. Information we collect
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your email address, name, date of birth, name of child provided by user, and date of birth of child provided by user, which you submit to us through the registration process at the Site.
- Information collected via Technology
To activate the Service you do not need to submit any Personal Information other than your email address. To use the Service, thereafter, you do not need to submit further Personal Information.
Additionally, we track your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis.
The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.
- Information you provide us by registering for an account
- Children’s Privacy
The Site and the Service are not directed to anyone under the age of 18. The Site does not knowingly collect or solicit information from anyone under the age of 18 or allow anyone under the age of 18 to sign up for the Service. However, information may be collection by an individual over the age of 18 regarding their child, under the age of 18, so that Company can better provide its services. In the event that we learn that we have gathered personal information from anyone under the age of 18 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at firstname.lastname@example.org.
II. How We Use and Share Information
- Personal Information:
In general, the Personal Information you provide to us is used to help us communicate with you, personalize your experience, process transactions, and improve our services. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.
We may share Personal Information with outside parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law.
- Non-Personal Information:
III. How We Protect Information
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
IV. Your Rights Regarding the Use of Your Personal Information
V. Links to Other Websites
VII. Contact Us
IMPORTANT MEDICAL DISCLAIMER
Always consult your physician in the event of emergency or if any medical concerns arise. The information provided by Company is educational only and is not intended to diagnose any medical condition or to replace your healthcare professional. Consult with your healthcare professional for diagnoses or standard check-ups. If you experience any pain, difficulties, or irregularities, consult your healthcare provider immediately.
The Service is designed to provide a platform to enhance your personal experience in prenatal consulting, postpartum consulting, sleep consulting, and all other features included the website. The Service automatically collects, aggregates, and organizes data about your personal experience.
III. Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, images, videos, text, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
The Company’s intellectual property should not be reproduced, copied, or modified for use other than to fulfill the purpose of our Service, except for with express permission from the Company.
You may use our trademarks or copyrighted material for publication only with expressed consent and conspicuous credit given to the Company as the source of the materials and including the Company’s trademarks and copyrights. Credit must be given through properly linking the Company to the content shared. However, you may not distribute, reproduce, claim ownership of, or make illegal use of our services in any circumstance.
Unless explicitly authorized in these Terms or by the Company, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute in any manner any material from the Services. This License is for individual use and may not be assigned or transferred to any other person or entity.
V. License Grant
By posting the User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
VI. Notice; Email Insufficient
Communications made through the Service’s email and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation, except as provided in this Agreement.
VII. User Consent to Receive Communications in Electronic Form
VIII. General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our website including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
IX. Professional Disclaimer
We are not medical, legal, financial or other professionals, and if we are, during the terms of this Service and any related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Service. This Service is for educational and entertainment purposes only. None of the Services or its related material(s) should be construed as medical, legal, financial advice.
X. Warranty Disclaimer
The Service is provided “as is,” without warranty of any kind. Without limiting the foregoing, the Company expressly disclaims all warranties, whether express, implied or statutory, regarding the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the Company makes no warranty or representation that access to or operation of the Service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from you downloading and/or use of files, information, content or other material obtained from the Service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
XI. Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content, and Users are solely responsible for any acts or omissions taken on the basis of any information received using the Service. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to users. If you become aware of misuse of our Service, please contact us at email@example.com.
XII. Third-Party Disclaimer
As part of the Service, the Company may provide you with convenient links to third-party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software, or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or Third-Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
XIII. No Guarantee of Results; Educational Purposes Only
The Service does not guarantee results or effectiveness. Results are based on a variety of conditions. This Service is for educational purposes only.
XIV. Limitation of Damages; Release of Claims
To the extent permitted by applicable law, in no event shall the Company, its affiliates, directors, owners or employees, or its licensors or partners, be liable to you for any damage to property, any injury to persons, death, any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your User Content; (b) your use or inability to use the Service; (c) your decisions based on information provided in the Service; (d) the Service generally or the software or systems that make the Service available; or (e) any other interactions with the Company or any other user of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you. If you have a dispute with one or more users, a business entity, or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Users agree to indemnify and hold harmless the Company, its affiliates, directors, owners, or employees from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or in any way connected with your use of the Service, use of data provided by the Service, or your misuse or violation of any of our policies. Additionally, we may assume control of the defense of any third-party claim that is subject to indemnification by you and you agree to cooperate with the Company in pursuing available defenses.
XVII. Copyright Complaints and Copyright Agent
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
(b) DMCA Take-Down Notices If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at firstname.lastname@example.org.
- the date of your notification;
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- a description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- your physical or electronic signature;
- a description of the content that has been removed and the location at which the content appeared before it was removed;
- a statement that you have a good faith belief that the content was removed as a result of a mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, with a statement that you consent to the jurisdiction of the U.S. District Court for the District of South Carolina and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after the receipt of the counter-notice.
XVIII. Registration: Rules for User Conduct and Use of the Service
You need to be at least 18 years old to register for and use the Service. If you are a user who signs up for the Service, you will create a personalized account which includes your email address and password to access the service and to receive messages from the Company, and a unique nickname which will identify you to the Baby Settler, LLC community when you post content. You agree to notify us immediately of any unauthorized use of your password and/or your account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password, nickname and/or account. Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s name or nickname without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or potentially impose an unreasonable or disproportionally large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
XIX. Posting Restrictions
When you create our own personalized account, you may be able to provide opinions, comments, or content (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- you are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- you are solely responsible for safeguarding your username and password, and otherwise preventing the unauthorized access under your account by any other individual beyond those registered under your account;
- you are responsible for any transmissions under your account;
- you will not post information that is malicious, false or inaccurate;
- you will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc. unless you are the owner of such rights or have the appropriate permission from the rightful owner to specifically submit such content;
- any information communicated shall be nonconfidential as we do not want confidential or proprietary information;
- you hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
- you will not compile or use other Users’ personal information for marketing purposes or any list compiling data.
- you will not communicate or arrange the communication of any unsolicited or unauthorized advertisement in any form except in cooperation with the Company; and
- you will not knowingly transmit, upload, or send or allow to be transmitted, uploaded, or sent, any data or material that contains viruses, Trajan horses, worms, keystroke loggers, adware, spyware, or any other unlawful or harmful program.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.
XX. Security and Assumption of Risk
By using the Services, you assume the responsibility of maintaining a secure username and password in order to prevent unauthorized use of your account that might lead to violations of the Terms and Conditions. While using our services, you assume the risk of using all materials provided to you.
You acknowledge that to perform the Services, the Company may disclose to the other confidential and/or sensitive information. Confidential information may include information disclosed by the Company to the other, which is non-public and either proprietary or confidential in nature and related to the Company’s business or activities including, but not limited to, financial, legal, technical, marketing, sales and business information.
XXII. Partial Invalidity
XXIII. Governing Law
XXIV. Dispute Resolution
If the dispute cannot be resolved through negotiation in an amicable manner, then the dispute must be resolved between the parties through binding arbitration. The binding arbitration will be in place of a lawsuit and will use a neutral arbitrator instead of a judge and/or jury. Through arbitration, the same awards, damages, relief, and other judgment may be granted. The arbitrator has exclusive authority to resolve the dispute in regard to interpretation, applicability, or enforceability of this agreement.
The arbitration proceeding shall be conducted under the applicable rules of the American Arbitration Association in Charleston, South Carolina. If such organization ceases to exist, the arbitration shall be conducted by its successor, or by a similar arbitration organization, at the time a demand for arbitration is made. The decision of the arbitrator shall be final and binding on both parties. The prevailing party shall be entitled to recover from the other party its or her own expenses for the arbitrator’s fee, attorney’s fees and travel expenses, expert testimony and travel expenses of experts, and for all other expenses of presenting its or her case
Exceptions to the arbitration requirement include: (1) actions in small claims court; (2) enforcement action through federal, state, or local agency; (3) seeking injunctive relief; or (4) filing suit in court to address intellectual property infringement.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, BOTH OF US ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.