Web Site Terms and Conditions of Use
CULTIVATING BRIGHT FUTURES LLC
Last updated October 1, 2020
Your Relationship with Cultivating Bright Futures, LLC
This Site Does Not Provide Medical Advice
The contents of the Site, such as text, graphics, images, and other materials created by the Company are for informational purposes only (the “Content”) and are offered herein to educate parents on general pediatric issues, including sleep, that may affect their daily lives. This Site, and the services provided hereunder, does not constitute the practice of any medical, nursing or other professional health care 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. None of the services offered through this Site represent or warrant that any particular service is safe, appropriate or effective for your child. Reliance on any information provided by the Company, our employees, others appearing on the Site at the invitation of the Company, or other visitors to the Site is solely at your own risk.
Intended for Users 18 and Older
This Site is intended for use by individuals 18 years of age or older. This Site is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Site.
The material posted by Company on this Site is protected by copyright laws in the United States and in foreign countries. You may download or copy the Content for your personal use only. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading, sharing, or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, without the prior written consent of the Company or the owner of such material. Nothing contained in the Content grants or should be construed as granting any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, or copyrighted or other proprietary material displayed without the prior written consent of the Company or the owner of such material. Third-party trade names, product names, and logos contained on this Site may be the trademarks or registered trademarks of their respective owners.
Use of Interactive Media on Site
If you use blogging features or otherwise post information (“User Content”) to our Site, you give the Company the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use your User Content for any purpose, in any form, and on any media. If you use blogging features or otherwise post information to the Site, you agree you will not:
- Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights;
- Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by the Company in its sole discretion;
- Post advertisements of solicitations for business; or
- Attempt to disable, “hack” or otherwise interfere with the proper functioning of this Site.
The Company reserves the right to edit or remove any User Content posted by you, regardless of whether such communications violate these Terms.
Links to Third-Party Websites
The Site may include commercial information or advertisements that contain links to other websites operated by parties other than Company ("Third-Party Websites"). Company's links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. Your access of any Third-Party Websites is at your own risk. The Company is not responsible in any way for such Third-Party Websites and will not have any liability as a result of your use of such Third-Party Websites.
Payment for Services
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS 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. IN ADDITION, THE COMPANY DOES NOT GUARANTEE THAT USE OF THIS SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, AND/OR VIRUSES.
Limitations of Liability
THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold the Company, its officers, members, employees, and agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms.
The terms of this Agreement shall be construed in accordance with the substantive laws of the State of South Carolina, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
If any provision of these Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision. Company's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
If you have any questions about the Site, please contact us at email@example.com