A general statement about Pediatric Solutions, LLC terms & conditions
Effective Date: 10/17/2017
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN EACH INDIVIDUAL USER (referenced herein as “You” or “User” or with “Your”) and Pediatric Solutions, LLC. (referenced herein as the “Company”) THAT APPLIES EACH TIME A USER ACCESSES OR USES ANY PORTION OF THE WEBSITE(S) PROVIDED BY THE COMPANY WHICH INCLUDE, WITHOUT LIMITATION, www.happycappyshampoo.com (INCLUDING ANY MOBILE VERSIONS THEREOF) (with all such sites (including mobile versions) collectively referenced herein as the “Website”). ALL USERS SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (referenced herein as the or this “Agreement”) AS THEY GOVERN EACH USER’S ACCESS AND USE OF THE WEBSITE. THE COMPANY IS WILLING TO LICENSE THE USE OF THE WEBSITE ONLY ON THE CONDITION THAT EACH USER ACCEPTS AND AGREES TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF A USER DOES NOT AGREE WITH THIS AGREEMENT, SUCH USER IS NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE AND IS INSTRUCTED TO EXIT THE WEBSITE IMMEDIATELY.
User understands, acknowledges, and agrees that the operation of certain areas of the Website may require or involve the submission, use, and dissemination of various personally identifiable information.
This Agreement provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Website conditioned on Your continued compliance with the terms and conditions of this Agreement. You may print and download materials and information from the Website solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. The content, layout, formatting, and features of and access privileges for the Website shall be as determined by Company in its sole discretion.
RESTRICTIONS ON USE
Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Website. Specifically, and by way of illustration and not limitation, You may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or content without the prior express written permission of Company and/or its licensor(s). Moreover, You may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (b) attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any Company server or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (d) reverse look-up, trace, or seek to trace any information on any other person or entity accessing or using the Website, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company’s systems or networks or any systems or networks connected to the Website, (f) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person’s use of the Website, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise Your identity or the origin of any message or transmittal You send to Company on or through the Website, (h) use the Website to harvest or collect e-mail addresses or other contact information; or (i) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Company.
By downloading, accessing, or using the Website in order to view any information, access any materials, or submit information of any kind, User represents that he/she is at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when User is prompted to provide information via a Website registration or submission form. If User provides any false, inaccurate, untrue, or incomplete information, Company reserves the right to immediately terminate User’s access to and use of the Website. In addition, User agrees to abide by all applicable local, state, national, and international laws and regulations with respect to User’s use of the Website. User also acknowledges and agrees that use of the Internet and access to the Website is solely at User’s own risk. While Company has endeavored to create a secure and reliable Website, each User should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to or from the Website. User must make his/her own determination as to such issues.
OTHER TERMS AND CONDITIONS
Additional notices, terms, and conditions may apply to participation, remittance, or a particular program, service, event, or solution. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this Agreement and other notices, terms, and conditions posted to the Website, Company shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to such participation, remittance, or program, service, event, or solution.
USER NAME HANDLING POLICY
Registration may be required for access to certain areas of the Website. These restricted areas may further require both a user name and a password or adherence to other particular access requirements as designated by Company. Only one User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both Your user name and password can gain entry to the restricted portions of the Website and to Your account. Accordingly, by using the Website, You agree to consider Your user name and password as confidential information and to keep Your user name and password confidential. You also agree not to use another User’s user name and password. You will immediately notify Company if You become aware of any loss or theft of Your password or any unauthorized use of Your user name and password. Company will not be liable for any loss or damage arising from Your failure to comply with these obligations.
• anything that interferes with or disrupts the Website or the operation thereof;
• statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others;
• unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;
• statements or material that violates other contractual or fiduciary rights, duties, or agreements,
• statements or material that is bigoted, hateful, or racially offensive;
• statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
• statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
• statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
• statements or material that harms minors;
• statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Company;
• statements or material that misrepresents User’s affiliation with any entity and/or Company;
• anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual;
• chain letters or pyramid schemes;
• statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials;
• statements or materials that are deceptive or misleading;
• statements or material that are “off-topic” for a designated Forum; or
PERMISSION TO USE POSTINGS
Forums are the resources and property of Company and/or its licensors and User will not have any proprietary interest in any Forum. By submitting content or information of any type (a “Posting”) to a Forum or other portion of the Website or by otherwise using the Website to transmit or display a Posting, User automatically grants Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such Posting (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Posting. User represents that User has all necessary rights to make the Posting available to Company and acknowledges that such Postings are non-confidential for all purposes and that Company has no control over the extent to which any idea or information may be used by any party or person once it’s posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting User’s Posting(s) to appear on the Website, Company has not become and is not a publisher of such Posting and is merely functioning as an intermediary to enable Users to provide and display a Posting. Moreover, Company assumes no responsibility for the deletion of or failure to store any Posting and recommends that Users do not post, display, or transmit any confidential or sensitive information.
NO PRE-SCREENING OF POSTINGS
Company is not responsible for screening, policing, editing, or monitoring User’s Postings and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Company’s right and ability to delete or remove a Posting (or any part thereof), Company does not endorse, oppose, or edit any opinion or information provided by any User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by any User. Nevertheless, Company reserves the right to review, delete, remove, or take other action with respect to Postings (or parts thereof) that Company believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to Company or its affiliates, employees, services, or goodwill. If User violates this Agreement, Company may, in its sole discretion, delete the unacceptable content from User’s Posting, remove or delete the Posting in its entirety, issue User a warning, and/or terminate User’s use of the Website. Moreover, it is a policy of Company to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws.
COPYRIGHT; DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT
Company respects the intellectual property of others, and it asks its Users to do the same. Accordingly, it is Company’s policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act. Responses may include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating User’s right to access and use the Website. But, User acknowledges that it may be liable for damages, including attorneys’ fees and costs, if User materially misrepresents that a work or activity is infringing User’s rights. If Company terminates or suspends a User’s access to or use of the Website, Company will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. If a User believes that one or more of its works have been copied in a way that constitutes copyright infringement, User should provide a written notice of the claim of copyright infringement (“DMCA Takedown Notice”) that is directed to Company’s designated agent (“Copyright Agent”), as specified below, along with the following information: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • 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; • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; • Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail; • 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, under penalty of perjury, the information in the notification is accurate and You are the copyright owner or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. The Company acts as the Copyright Agent to receive DMCA Takedown Notices and may be contacted by email at: firstname.lastname@example.org. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to the Copyright Agent. All counter notifications must include responsive information to what is set forth above including any required statements or signatures.
FEEDBACK AND SUBMISSIONS
Company welcomes User’s feedback and suggestions about Company’s programs or services or with respect to how to improve the Website. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Company, User represents and warrants that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that User has all rights necessary to convey to Company and enable Company to use such feedback. In addition, any feedback received through the Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and User hereby waives any claim to the contrary.
THIRD PARTY PRODUCTS & SERVICES
Company, in its sole discretion, may feature and/or post the advertisements of third parties on the Website and/or feature on the Website materials, programs, products, and services provided by third parties. Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. User’s correspondence or any other dealings with third parties found through the Website are solely between User and such third party. Accordingly, Company expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Website, and User agrees that Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Website.
THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, COMPANY MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS WEBSITE OR IN THE MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE AT ANY TIME AND FOR ANY REASON. COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES, MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. COMPANY ALSO MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THIS WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE WEBSITE IN A MANNER FREE OF LOSS, VIRUSES, CONTAMINATION, OR OTHER DESTRUCTIVE FEATURES.
LIMITATION OF LIABILITY
You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $100 (US), WHICHEVER IS LESS.
CHOICE OF LAW AND ENFORCEMENT
This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of Utah as applied to agreements entered into and completely performed in the State of Utah. You agree to the personal jurisdiction by and venue in the federal or state courts in the State of Utah and waive any objection to such jurisdiction or venue. Any claim You might have against Company must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You access the Website on Your own volition and are responsible for compliance with all applicable laws with respect to Your access and use of the Website. In any legal proceeding brought by Company, Company shall have the right to seek and be awarded all reasonable attorneys’ fees and costs in addition to any other relief, at law or in equity, to which Company may be entitled.
ENFORCING SECURITY ON OTHE WEBSITE
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Company reserves the right to view, monitor, and record activity on the Website without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions. Company will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Company reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Website, or any portion of the Website in order to protect the Website, Company, or Company’s business.
You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, with respect to unauthorized use of Company proprietary assets, will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this Agreement. Accordingly, You hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this Agreement.
TERM & TERMINATION
This Agreement will take effect (or re-take effect) at the moment You begin downloading, accessing, or using the Website, whichever is earliest. Company reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny Your access to the Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this Agreement will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice and may impact Your membership status with Company. You may also terminate this Agreement at any time by ceasing to use the Website, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of the Website will reapply this Agreement (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Website in Your possession. The provisions concerning Company’s proprietary rights, feedback and submissions, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this Agreement for any reason.
WAIVER & SEVERABILITY
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Company of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
No joint venture, partnership, employment, affiliate, or agency relationship exists between You and Company as result of this Agreement or Your utilization of the Website. This Agreement represents the entire agreement between You and Company with respect to use of the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Company with respect to the Website. You may not assign or transfer any rights under this Agreement without the prior written consent of Company. Please note that Company reserves the right to change the terms and conditions of this Agreement by posting a revised Agreement or mailing and/or e-mailing notice thereof to You. In addition, Company may add, modify, or delete any aspect, program, or feature of the Website, but Company is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Website following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement. Accordingly, please review the Agreement found at this location on a periodic basis.