LIMITATION ON LIABILITY
You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
INTELLECTUAL PROPERTY RIGHTS
All content and features on the Website, including but not limited to legal templates, information, software, images, text, designs, graphics, video, audio, and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The Company name, trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company.
WEBSITE FOR PERSONAL USE
The Website and Services are solely for personal and non-commercial use. You may not use the content or other materials for any commercial purpose or for any noncommercial or commercial public display.
You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material on the Website, or any template you purchase except and only except as follows: i) You may print or download one copy of a reasonable number of pages of the Website solely for your own personal, non-commercial use; ii) If Company provides desktop, mobile or other applications for download you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use. The legal templates sold on this Website are for personal use. You may not share them or sell them to any third party.
By submitting a comment, photo, video or other materials onto our Website, you agree that we have a non-revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission.
Fees for the products are set forth on the Website. We reserve the right to change the fees at any time.
Due to the immediate, direct access to the digital templates, we do not offer a refund of any kind. Additionally, if you sign up for a payment plan, we do not allow for you to cancel the remaining payments for any reason. Please read the details and description of each program and product so you understand exactly what is included in each template, guide, or service. If you have any questions, please contact caryn(@)sleeptighttonight.com and we can help you find the product that’s right for you.
THIRD PARTY WEBSITE LINKS
If Company, its Website or Services provide links to other sites and resources provided by third parties, including links in advertisements or sponsored links, these links are provided solely for your convenience. Company cannot control the contents of third party websites and if you choose to access third party websites you do so at your own risk. Company is not responsible for and does not endorse such third party sites. You agree that Company will not be liable for any loss or damage that may arise from your use of them.
SOCIAL NETWORKING SERVICES
The Service may include certain services that are available via mobile device “Mobile Services”. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text messages or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
User Conduct And Contributions
These User Conduct Standards apply to all Services on the Website, including all comments, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other material (“User Content”) that you upload, publish, email or display via the Service or on the Website. You are solely responsible for all User Content that you upload, publish, email or display via the Service or on the Website. User Content must comply with all applicable federal, state, local, and international laws and regulations. User Content must not: i) Infringe on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity; ii) Contain software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or pose or create a privacy or security risk to any person; iii) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; iv) Contain any material that is defamatory, obscene, indecent, pornographic, vulgar, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; v) Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person; vi) Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; vii) Solicit personal information from anyone under the age of 18; viii) Promote any illegal activity or unlawful act; ix) Impersonate any person or entity, or misrepresent your identity or affiliation with any person or organization; x) Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; xi) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
WEBSITE MONITORING / ENFORCEMENT
We have the right to monitor User Content and to remove or refuse to post any User Content for any or no reason at our sole discretion. We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or User Content.
INFORMATION ON THIS SITE IS NOT MEDICAL ADVICE
Sleep Tight Tonight is not a medical professional. The information on this site and any template, guide, or service you purchase are for general informational purposes only and are not medical advice. Information on this website may not constitute the most up-to-date medical or other information. If you need medical advice, you should contact your pediatrician or licenses medical professional in your state. SLEEP TIGHT TONIGHT does not offer medical advice, services or treatment to clients. Consultations are simply behavioral advice and not intended to be medical advice nor a substitute for medical advice. If you are concerned about a medical issue or the health and welfare of your children, always seek the advice of your pediatrician.
Website and Services, including all blog posts, guides, templates, services, or other information, are for informational/educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Neither the company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website or that the Website will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Website, Services, its related content, or any services obtained through the Website will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Nothing on this Website and Services should be construed as medical, legal, or financial advice. Your use of this Website, its content, Services or items obtained through the Website is at your own risk. The Website, its content, Services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We are not liable for any defamatory, offensive or illegal conduct of any third parties. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the website or any services or items obtained through the Website. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and will not be responsible for them or any loss that may result from their use. We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. The Website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all information on the Website and Services are completely accurate, complete or up to date, and disclaim liability for any such errors or omissions.
ASSUMPTION OF RISK
By accessing the Website, its Services and related material, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you.
INDEMNITY AND RELEASE
You hereby agree to indemnify and hold harmless SLEEP TIGHT TONIGHT and each person and affiliate associated with SLEEP TIGHT TONIGHT against any and all losses, claims, damages, liabilities and expenses (including reasonable costs of investigation and legal counsel fees), in addition to any liability the Client may otherwise have, arising out of, related to or based upon any violation of law, rule or regulation by the Client or the Client's agents, representatives or affiliates.
Actions Relating to Indemnity. If any action or claim shall be brought or asserted against SLEEP TIGHT TONIGHT under this Agreement, the Indemnified Party (Consultant) or any person controlling such party and in respect of which indemnity may be sought from the party obligated to indemnify the Indemnified Party pursuant to the terms of this Agreement, the Indemnified Party shall promptly notify the Indemnifying Party (Client, including agents and/or representatives) in writing and, the Indemnifying Party shall assume the defense thereof, including the employment of legal counsel and the payment of all expenses related to the claim against the Indemnified Party or such other controlling party. If the Indemnifying Party fails to assume the defense of such claims, the Indemnified Party or any such controlling party shall have the right to employ a single legal counsel, reasonably acceptable to the Indemnifying Party, in any such action and participate in the defense thereof and to be indemnified for the reasonable legal fees and expenses of the Indemnified Party's own legal counsel.
This Section shall survive any termination of this Agreement for a period of six (6) years from the date of termination of this Agreement. Notwithstanding anything herein to the contrary, no Indemnifying Party will be responsible for any indemnification obligation for the gross negligence or willful misconduct of the Indemnified Party.
This Agreement constitutes the final, exclusive agreement between you and Company regarding the use and access of the Website. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between the you and Company regarding the Website are expressly merged into and superseded by this Agreement.
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