NEWBORN CARE, LLC ̶ TERMS OF USE
1.ACCEPTANCE
The terms and conditions on this webpage constitute an agreement (“Agreement”) between you and Newborn Care, LLC (“Newborn Care”). Simply by accessing, browsing or using https://newborncare.thinkific.com/ (collectively, “Site”), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. This Agreement governs your use of the Site, both as a visitor and a registered account holder of Newborn Care and your acceptance of these terms and conditions also means you agree to respect the privacy and dignity of all users of Newborn Care.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
Newborn Care may modify this Terms of Use from time to time and post those modifications here on this web page. Your continued use of the Site after any such modification constitutes your acceptance of the modified Agreement. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Newborn Care from its offices within the United States and Newborn Care makes no representation that materials on the Site are appropriate or available for use in other locations. Access to material on the Site from territories where such materials are illegal is prohibited. Those who choose to access this Site from locations other than the United States do so on their own initiative and are responsible for compliance with all applicable laws.
2.REGISTERED ACCOUNT HOLDERS OF NEWBORN CARE
Certain functionality of Newborn Care requires you to create an account and to be over 13 years of age. If you establish a personal account with us, you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current.
Upon creating an account to access the Newborn Care Site, you will be responsible for maintaining the confidentiality and privacy of your account name and password. You also agree, understand, and acknowledge that any and all activities that occur under your account, with or without your knowledge, are your responsibility. Newborn Care cannot and will not be liable for any loss or damage arising from your failure to comply with these terms. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account each time you use the Newborn Care Site. Access and use of password-protected and/or secure areas of the Site is restricted to users who have been given a valid password by Newborn Care. We may terminate your membership and access to Newborn Care if we learn that you have provided us with false or misleading registration data.
3.USE RESTRICTIONS AND INTELLECTUAL PROPERTY
The copyright in all material provided on this Site is held by Newborn Care. Except as expressly permitted by Newborn Care, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of Newborn Care or the copyright owner. Permission is granted to you to display, copy, distribute and download the materials on this Site for personal and commercial use, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without Newborn Care’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You also agree, understand, and acknowledge that you will not post or upload any materials on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. You will not interfere with other members’ use and quiet enjoyment of the Site by use of harassment, threats, soliciting money or information, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity.
You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Newborn Care for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Newborn Care without express written consent. You may not use any meta tags or any other “hidden text” utilizing Newborn Care’s name or trademarks without the express written consent of Newborn Care. You may not misuse Newborn Care. You may use Newborn Care only as permitted by law.
All other trademarks are the property of their respective owners.
This permission terminates automatically if you breach any of these terms. Upon termination, you must immediately destroy any downloaded and printed materials. In addition to termination for breach of the aforementioned terms, Newborn Care reserves the right to terminate your account at any time for any reason.
4.MOBILE TERMS
If you have opted in to receive special offers from Newborn Care via email, SMS text message, or otherwise, you can unsubscribe via the links provided in the email at any time or by contacting us at https://newborncare.thinkific.com/, or text instructions regarding opting out.
By opting in to receive special offers from us, you consent to receiving, from time to time, text message or emails which may include alerts, promotions, offers, polls, and giveaways. Message frequency varies based on user and other factors. Message and data rates may apply and, if so, are billed by and payable to your mobile service provider. WE will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and to provide the service you request from us and for other business purposes.
5.NEWBORN CARE IS NOT A MEDICAL SITE AND NEWBORN CARE DOES NOT PROVIDE MEDICAL ADVICE
By using this Site, you agree, understand, and acknowledge that any and all of the material provided on the site, regardless of form, and regardless of the content owner, are for informational purposes only and are not a substitute for professional medical treatment or advice. Newborn Care is not a substitute for a physician or other health care provider, and any questions you may have regarding the health of a new born child in your care should be addressed with a physician or health care provider. Information you read on this Site should never be used to disregard, delay, or otherwise avoid seeking the medical advice of professional health care providers.
6.U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Newborn Care’s proprietary rights in them.
7.CHANGES
Information on this Site may be changed or updated without notice. Newborn Care may also make improvements and/or changes in the content and add or remove services (if any) at any time without notice.
8.AVAILABILITY
Information which Newborn Care publishes on this Site may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Newborn Care intends to announce such products, programs or services in your country. Consult Newborn Care for information regarding the products, programs and services which may be available to you.
9.INFORMATION “AS IS”
INFORMATION ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY NEWBORN CARE ON AN “AS IS” BASIS ONLY. NEWBORN CARE PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
10.LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NEWBORN CARE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF NEWBORN CARE OR A NEWBORN CARE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IN NO EVENT SHALL THE TOTAL LIABILITY OF NEWBORN CARE UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE. 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.
11.GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. In an abundance of caution, you agree and Newborn Care also agrees, that, in no event, shall either party file any complaint or any action in any court period to the completion of mediation. All mediation or any other form of dispute resolution shall take place in Maricopa County, Arizona and the parties irrevocably waive any objection to such venue.
In the event of litigation, you agree, understand, and acknowledge that any claim relating to, and the use of this Site and the materials contained on the Site is governed by the laws of Arizona. The state and federal courts located in Phoenix, Arizona, shall have sole jurisdiction over any disputes arising hereunder, and you agree to the personal jurisdiction of such courts.
12.NEWBORN CARE TRANSMISSIONS
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Newborn Care or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Newborn Care will be handled in accordance with Newborn Care’s Privacy Statement https://newborncare.thinkific.com/pages/privacy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
13.CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION
Newborn Care is not designed or intended for use by children under 13. If you are under 18, you should use the Services only with involvement of a parent or guardian.
Pursuant to 47 U.S.C. Section 230(d) as amended, Newborn Care hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy https://newborncare.thinkific.com/pages/privacy.
14.TERMINATION
In its sole and absolute discretion, with or without notice to you, Newborn Care may suspend or terminate your use of and access to the Newborn Care Site, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Newborn Care Site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site with identical user identification, (ii) permitting another person or entity to use your user identification to access Newborn Care, (iii) any unauthorized access or use of Newborn Care, (iv) any violation of these Terms, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through the Newborn Care Site, or (vi) failure to use the Newborn Care on a regular basis. You may terminate your account for any reason by emailing Newborn Care at [email protected]. Newborn Care shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your use of Newborn Care. Termination, suspension, or cancellation of your access rights shall not affect any right or relief to which Newborn Care may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Newborn Care.
15.REVISIONS
Newborn Care may at any time revise this Agreement by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
16.DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
i.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii.Identification 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;
iii.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv.Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v.A statement that the complaining party has 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
vi.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
17. Refunds.
Under no circumstances does Newborn Care, LLC offer refunds for purchased training courses. Once you have purchased and enrolled in a training course, you are agreeing that you will not be able to receive a refund for any reason.
All DMCA notices should be sent to our designated agent as follows:
Garland Brown
Weiss Brown
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Updated 2018.10.03