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Terms of Use

TERMS AND CONDITIONS FOR Babysleep.com, Pediatric Sleep Council

Thank you for your interest in the educational information provided on the website, www.babysleep.com, governed by the Pediatric Sleep Council (“We”). The following terms and conditions (these “Terms and Conditions”) govern your use of the website.

By accessing this website, you accept and agree to these Terms and Conditions. Any participation in the website or use of the educational material will constitute acceptance of this agreement.

1. Consent to Use of Aggregate Data. You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, search terms and frequency of use, system and application software, and peripherals. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

2. Information is provided for educational purposes only. If you are concerned about your child’s, own, or family’s health, consult with your health care provider regarding the advisability of any opinions or recommendations with respect to your individual situation.

3. Accuracy of Content. The owners of this application and internet site will use reasonable efforts to provide up-to-date and accurate information, but make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. Moreover, the sleep experts and advisory board members do not assume any responsibility or liability for the accuracy, completeness or authenticity of any information or data contained or displayed on the website.

4. Usage guidelines for text/posts.

a. Articles/posts must be linked to https://www.babysleep.com
b. No modifications or alterations are permitted to any posts.
c. Posted articles and Pediatric Sleep Council logo must be displayed in a positive manner.
d. We reserve the right to change these guidelines or terminate your use of the content on your website.
e. One paragraph may be used without extra permission from the Board.
f. Any quoted text must include original author’s name, or babysleep.com if author name is not available, next to the quoted text.

5. Proper Use. You agree that the website may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the website content.

6. Modifications to Website. We reserve the right at any time and from time to time to interrupt, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.

7. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE (THE “SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. Indemnification. You agree to indemnify, defend and hold us (including advisory board members and sleep experts) and our agents, business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees and expenses, related to either your violation of these Terms and Conditions, your use of the website and/or the unauthorized use of any personal information or data uploaded in connection with the website.

9. Governing Law/Miscellaneous. These Terms and Conditions shall be construed, interpreted and performed exclusively according to the laws of the State of Pennsylvania, United States of America, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms and Conditions or use of the Licensed Application shall be filed only in the Federal or state courts sitting in Pennsylvania. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Licensed Application, your access or use thereof, or these Terms and Conditions, and to extra-territorial service of process. Should any part or provision of these Terms and Conditions be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the only terms between us and you. These Terms and Conditions supersede any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Licensed Application, the content, and/or services provided by or through the Licensed Application, and the subject matter of these Terms and Conditions. To the extent that anything in or associated with the Licensed Application is in conflict or inconsistent with these Terms and Conditions, the Terms and Conditions shall take precedence. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of its right to enforce such provision.

Contact Us. If you have any questions or concerns, contact pediatricsleepcouncil@gmail.com.

© Pediatric Sleep Council. 2016. All rights reserved.
Funding provided by Johnson & Johnson Consumer Inc.