TERMS AND CONDITIONS

OF USE FOR  THEPEDIATRICIANMOM LLC 

INTRODUCTION 

By using www.thepediatricianmom.com (“Website”) or any  THEPEDIATRICIANMOM LLC publication, product, or service,  including all text, graphics, images, materials, opinions,  suggestions, ideas, concepts, designs, data, software, sound  files, information, marks, and copyrights, whether registered or  unregistered, (“Publications”), You expressly agree to all of the  following terms and conditions (“Terms & Conditions). 

Minors or people below 18 years old are not allowed to use the  Website. By using the Website, you affirm that (i) you are at least  18 years of age (or have reached the age of majority if that is not  18 years of age where you live), and (ii) you are a legal resident  of a country where your access to and use of the Site are  permitted. You represent that you are fully able and competent to  enter into these Terms and to agree to abide by and comply with  these Terms, (iii) that you have read and agree to these terms and  the terms of our Privacy Policy, and (iv) that the foregoing was  true at all times during your use of the Site, even if your use  began prior to the effective date of these Terms. 

If You do not agree to all of these terms, then do not continue to  access the Website or Publications.

ThePediatricianMom reserves the right to modify these Terms at  any time by posting a notice of such modifications in the relevant  section of the Site, or by posting a notice in any other  conspicuous manner that ThePediatricianMom deems sufficient.  Your continued use of the Site will signify your acceptance of the  changes to these Terms. Each time you access the site, such use  will constitute acceptance of these terms, including any  amendments or updates that ThePediatricianMom may have  made from time to time. 

LIMITED USE & INTELLECTUAL PROPERTY RIGHTS  RESERVED 

The content of ThePediatricianMom LLC’s Website and all  Publications, and all Intellectual Property Rights in such content,  the Website, and all Publications, are the exclusive property of  ThePediatricianMom LLC (“TPM”), unless otherwise specified. As  used in these terms, (1) “Intellectual Property Rights” means all  rights granted, applied for, or otherwise, whether now in existence  or later acquired, related to any patent, copyright, trademark,  trade secret, or other intellectual property rights laws and all  similar equivalent rights or forms of protection, in any part of the  world. TPM retains all right, title, and interest in, or to (including  any license under), any Intellectual Property Rights arising from,  or relating to, the Website content, Publications, and TPM’s  business generally, including all enhancements, modifications,  updates, and derivative works. No provision of these Terms &  Conditions shall be construed as: (1) granting You, by implication,  estoppel, or otherwise, any license (except the limited license  specifically stated above) or right to use any Website content or  Publication for the financial gain of Yourself or any third party,  except with prior written approval and agreement by TPM; or (2)  releasing, relinquishing, or waiving any of TPM’s Intellectual  Property Rights; and (2) “Content” means the Website, any information provided and hosted on the Website including on its  social media platforms, blog, videos, or newsletter, and all new  versions, updates, revisions, improvements, and modifications of  the foregoing, to which TPM provides remote access and use.  TPM reserves the right, in its sole and absolute discretion, to  make any changes to the Content that it deems appropriate,  necessary, or useful. You may use, and TPM grants you a limited,  revocable, non-exclusive, license to use the Website and  Publications, only for the limited purpose, and in the context for  which it was provided to You. The term of this license is effective  on Your initial use of the Website and contemporaneous  acceptance of the terms, and remains in effect until terminated.  You may not, and in no way does this Agreement confer any right  in you to license, sublicense, sell, or otherwise authorize the use  of the Content, whether in executable form, source code or  otherwise, to or by any third parties. 

This limited, revocable, and nonexclusive license authorizes You  to: (1) purchase access to any applicable items with single print  and/or electronic copy (or copies, if applicable by purchase order  indicating purchase of additional copies) of the Website content or  Publication(s); (2) use it for strictly for personal and  noncommercial purposes in accordance with these Terms &  Conditions, and not any revenue generating purpose or purpose  not intended by these terms; (3) direct third parties to use the  Website for their own use, but You may not distribute or provide  any third party with access to the Website or Publications nor  make the Website content or Publications available on a network  where the content could be downloaded, accessed, or used by  others; and (4) create a hyperlink, hashtag, or social media post  crediting TPM for its Website content and Publications, so long as  You do not portray TPM in a false, misleading, derogatory, or  defamatory manner, or otherwise paint TPM in a negative light,  and the hyperlink, hashtag, or social media post does not contain abusive, offensive, objectionable, or otherwise inappropriate  content and is not a violation of the rights of TPM or any third  party. 

RESTRICTIONS 

You are specifically restricted from all of the following: – publishing any Website material in any other media; – selling, sub-licensing and/or otherwise commercializing any  Website material; 

– publicly performing and/or showing any Website material; – using this Website in any way that is or may be damaging to this  Website; 

– using this Website in any way that impacts user access to this  Website; 

– using this Website contrary to applicable laws and regulations,  or in any way may cause harm to the Website, or to any person or  business entity; 

– engaging in any data mining, data harvesting, data extracting or  any other similar activity in relation to this Website; – using this Website to engage in any advertising or marketing. 

Any attempted or actual violation of any term or condition is  prohibited and effectively terminates, at the time of such violation,  the limited license provided to You. TPM may terminate or limit  access by subscribers or account holders who, in TPM’s sole  determination, infringe upon TPM’s or any third party’s rights or  violate any term or condition of these Terms & Conditions of Use  or any other terms or conditions provided by TPM. TPM may,  directly or indirectly, and by any lawful means, suspend, terminate  or otherwise deny your access to or use of all or any part of the  Content, the Website, or the Publication, in its sole discretion, for your violation of the terms of this Agreement or otherwise,  including but not limited to violation of any other rules or  requirements for continued use of the Content provided to you by  TPM. 

TPM may provide links to third party sites and content, including  PayPal, and social media sites such as Facebook, Twitter,  Instagram, and YouTube, for Your convenience, or marketing  purposes. You understand TPM does not monitor or control any  third-party site or content, and TPM makes no representation,  warranty, guarantee, affiliation, or endorsement regarding the  quality, content, nature, reliability, or rights of any such third-party  site or content. You understand, by leaving our Website,  additional terms and conditions may apply with respect to the  third-party site, products, and content. Any dealings between You  and a third party are solely between You and that third party, and  thus TPM is not liable for any loss, damages, injuries, liabilities,  penalties, expenses, or any other costs incurred by You based  upon, relating to, or arising as a result of Your relationship with  such third party, its site, content, and/or products, and TPM will  not be a party to any proceeding, under any circumstances. 

Upon any expiration or termination of this Agreement, except as  expressly otherwise provided in this Agreement: (1) All rights,  licenses, consents and authorizations granted by TPM to you  hereunder will immediately terminate; (2) You shall cease all use  of Content; (3) TPM may disable and deactivate any accounts you  set up on the Content, and may otherwise prevent You from  further accessing the Content; (4) Notwithstanding anything to the  contrary in this Agreement, unless otherwise prohibited by law,  with respect to information and materials then in its possession or  control: TPM may retain Your Data, which Your Data is deleted in  TPM’s ordinary course of business; (5) You will not be refunded  any fees paid in connection with the Content.

ACCESS 

TPM will use commercially reasonable efforts to provide You with  consistent access to the Website by hosting, managing,  operating, and maintaining the Website for remote access and  use by You, including employing any security measures in  accordance with applicable industry standards, and excluding: (1)  scheduled downtime; (2) maintenance downtime or degradation  due to force majeure event(s); (3) suspension or termination of  Your access to or use of the Website in accordance with these  Terms & Conditions; and (4) any other circumstances beyond  TPM’s reasonable control. 

TPM does not guarantee availability of any TPM Website content  or Publications. Accordingly, You agree to hold TPM harmless for  any unavailability, downtime, etc. of the Website, the Website  content, and Publications. 

PURCHASES 

You represent and warrant to TPM, its subsidiaries, parent  companies, affiliates, licensors, suppliers, and assigns, You: (1)  will pay TPM the full retail price plus any applicable taxes in U.S.  dollars as consideration for any retail purchas(es) of  Publication(s), products, and Website content (if applicable), via  PayPal, a third-party payment processor, or as otherwise directed  by TPM; (2) any information (including payment profile  information, contact information, and necessary authorizations)  associated with Your PayPal account and the purchase is  complete, current, and accurate; (3) may incur and will pay any  separate fees, expenses, charges and other obligations  associated with third-party terms and conditions, including the  third-party payment processor services above-listed, and internet  or other service providers necessary to view and/or use the  Publications, products, and Website content; and (4) will authorize  Your credit company, bank, or other payment organization to  dispense the payment in full at the time of the purchase. TPM  may, but is not required to, accommodate any change in Your  shipping address, and is not liable for any overage fees, fees  associated with insufficient funds, or other payment penalties  resulting from the purchase. You understand TPM may retain any  information related to purchases in accordance with its privacy  policy. 

You may contact TPM via email at  pediatriciandotmom@gmail.com with any questions or concerns.  TPM reserves the right, in its sole discretion to address customer  services inquiries on a case base case basis. No refunds or  returns will be accepted. 

TPM may limit the sale of its Publications, in its sole discretion,  and may change (at any time and for any reason) the  descriptions, pricing, and shipping costs for Publications,  including discontinuing any Publication, acceptance or denial of  any promotion, and/or changes to any offer to sell. 

INTERACTIVE SERVICES & YOUR DEVICES 

You agree not to violate or attempt to violate the security of the  Website, and specifically agree You will not: (1) access data not  available to Your user account and server; (2) reverse engineer,  scan, test, disassemble, decompile, decode, decrypt, or probe the  Publications and the Website and its system, network, and  servers, in breach of security or authentication measures; (3) interfere with service to any customer or user of TPM, whether by  submitting a virus to the Website, overloading, flooding,  spamming, mailbombing, crashing, or otherwise; (4) send  unsolicited messages, promotions, or advertisements to TPM or  its customers or users; (5) forge any transmission control protocol  or intellectual property packet headers, information, emails,  newsgroups or social networking post; (6) store, create, distribute,  post, transmit, or otherwise publish content that is unlawful,  libelous, defamatory, obscene, pornographic, indecent, lewd,  suggestive, harassing, threatening, invasive of the privacy or  violates the rights of TPM or any third party, or is abusive,  inflammatory, fraudulent, or otherwise inappropriate, encourages  or incites violence or insurrection, is confidential or protected or  proprietary information, any content which violates any local,  state, or federal law, or which misrepresents Your affiliation with  any third party; (7) damage, destroy, disrupt, impair, interfere with  or otherwise impede TPM’s Website content and Publications or  TPM’s provision of services to any third party; or (8) attempt any  of the above-listed actions. 

You agree that you will, at all times: (a) set up, maintain and  operate in good repair all your Devices or systems on or through  which the Content is accessed or used; (b) provide all cooperation  and assistance as TPM may reasonably request to enable TPM to  exercise its rights and perform its obligations under this  Agreement. You further agree that you have and will retain sole  responsibility for: (a) all Your Data, including its content and use;  (c) your Devices; (d) the security and use of your Devices; (e)  access to and use of the Content and TPM Materials directly or  indirectly by or through your Devices, with or without your  knowledge or consent, including all results obtained from, and all  conclusions, decisions and actions based on, such access or use;  and (f) any and all other aspects of the operation, maintenance,  and management of, and all access to and use of, your Devices, and all access to and use of the Content and TPM Materials by  any Person by or through your Devices or any other means  controlled by you. 

By submitting, storing, creating, distributing, posting, transmitting,  or otherwise publishing any content on TPM’s Website, You grant  to TPM, its parent, subsidiaries, licensors, affiliates, and assigns,  an irrevocable, royalty-free, perpetual and nonexclusive license to  use, store, analyze, transmit, reproduce, modify, alter, adapt,  publish, translate, create derivatives works from, distribute,  display, and otherwise control such content in any manner or  media relating to the Website or Publications, without any  compensation owed to You. Additionally, You warrant to TPM, any  such submission, distribution, post, transmission or publication is  not in violation of any provision of these Terms & Conditions or  any other terms and conditions, intellectual property rights, legal  agreements, etc. (including any required authorizations). TPM will  control and may protect any data submitted by You to TPM in  accordance with the privacy policy located on the Website. 

TPM reserves the right to remove, delete, negate, or otherwise  object to any content You store, create, distribute, post, transmit,  or otherwise publish on the Website. In addition to the above listed restrictions You will not post any content promoting health  claims, benefits, or advantages to using any particular type or  brand of products, or content which inhibits any other customer of  TPM from use and enjoyment of the Website. 

You accept and retain sole responsibility for maintaining all of  Your data, its content and use, and Your devices (including  maintenance, security, and use of them), to prevent any third party access or use of the Website, and/or Publications, with or  without Your knowledge or consent, and You expressly accept responsibility for any results, conclusions, decisions, and actions  of any third-party based on such access or use. 

TPM will employ security measures in accordance with applicable  industry practice. 

NO WARRANTIES 

This Website is provided “as is,” with all faults, and TPM  express no representations or warranties, of any kind related  to this Website or the materials contained on this Website.  Nothing contained on this Website shall be interpreted as the  provision of medical advice.  

DISCLAIMER & INDEMNIFICATION 

All content found on this website, including text, images, audio  and video was created for informational and entertainment  purposes only and represents Dr Playforth’s personal opinions.  The Pediatrician Mom™ Website is not intended to be a substitute for  professional medical 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. Never  disregard professional medical advice or delay in seeking it  because of something you have read on The Pediatrician Mom™ website.  If you think you may have a medical emergency, call your doctor,  go to the Emergency department, or call 911 immediately. 

ALL CONTENT PROVIDED BY TPM, INCLUDING TPM’S  WEBSITE AND SOCIAL MEDIA CONTENT AND ALL  PUBLICATIONS, INCLUDING TEXT, IMAGES, AUDIO AND 

VIDEO WAS CREATED FOR INFORMATIONAL AND  ENTERTAINMENT PURPOSES ONLY AND REPRESENTS DR  PLAYFORTH’S PERSONAL OPINIONS. TPM IS NOT  INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL  MEDICAL 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. NEVER  DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN  SEEKING IT BECAUSE OF SOMETHING YOU HAVE LEARNED  ON TPM.  

IF YOU THINK YOU OR YOUR CHILD MAY HAVE A MEDICAL  EMERGENCY, CALL YOUR DOCTOR, GO TO THE  EMERGENCY DEPARTMENT, OR CALL 911 IMMEDIATELY. 

TPM’S WEBSITE AND PUBLICATIONS ARE INTENDED FOR  USE BY INDIVIDUALS 18 YEARS OF AGE OR OLDER. ALL  ACTION OR INACTION YOU TAKE IN RELIANCE ON ANY  INFORMATION PROVIDED BY TPM IS AT YOUR OWN RISK  AND TPM IS NOT LIABLE, DIRECTLY OR INDIRECTLY, TO  YOU OR ANY THIRD PARTY FOR ANY INJURY, LOSS,  DAMAGES, OR CLAIMS OF ANY KIND, WHATSOEVER, UP TO  AND INCLUDING DEATH. 

Except as otherwise specified in a writing signed by TPM, the  Website content and Publications are provided on an “as is”, “as  available” and “with all faults” basis, without warranties of any  kind, either express or implied. TPM, its parent, suppliers,  licensors, subsidiaries, affiliates, respective members, employees,  independent contractors, agents and representatives make no  guarantees or warranties (whether statutory, express or implied,  including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, warranties  arising from course of dealing, usage, or trade practice, and non infringement of information) regarding: (1) the accuracy, quality,  functionality, availability, accessibility, reliability, performance, and  timeliness of Website content and Publications, or third-party  sites, hyperlinks and content; (2) the use of the Website, its  server(s), or any third-party site or server(s) as safe or free from  malware, viruses, and other hardware and software damaging  causes; (3) any information or content posted or hosted on the  Website, for any purpose; (4) satisfaction of any local, state, or  federal law, regulations, orders, or directives for software  compliance, or required disclosures of information on prescription  drugs, food products, supplements, vitamins, or any other  packaging descriptions and required disclosures; and (5) whether  any products, Publications, or Website content will meet Your or  any third party’s requirements, operate without interruption,  achieve any of Your intended results, be compatible with any  application, systems or other services. 

You represent and warrant to TPM, You are duly authorized and  empowered to accept (whether on behalf of Yourself or any  organization, entity or enterprise other than on behalf of Yourself,  including work as an independent contractor or employee), and  You do accept without fraud, duress, or undue influence, these  Terms & Conditions. Additionally, You and any applicable  associated third-party organization, entity or enterprise, jointly and  severally, indemnify, defend, and hold TPM, its parent, and  subsidiaries harmless from and against any and all claims,  liabilities, suits, injuries, losses, damages, penalties, expenses,  and all other costs and actions or proceedings brought against  TPM, based upon (or arising as a result of) a violation of these  Terms & Conditions. Any waiver by TPM of any right or remedy  under these Terms & Conditions is not a waiver of any other right  or remedy of the same kind, or subsequent right or remedy.

You agree to indemnify and hold harmless TPM from and against  all liability, damages, loss, cost or expense, including but not  limited to reasonable attorneys’ fees and expenses, arising out of  or in connection with any claims that (i) your use or access of the  Content infringes or otherwise violates any rights of any such third  party, (ii) your use or access of the Content in contravention of  this Agreement, including but not limited to the prohibitions in  Section 3, (iii) your provision of, or TPM’s use of Your Data has  caused damage to, infringed the rights of, or caused the  dissemination or unauthorized access of the data of, any third  party, and/or (iv) your provision of, or TPM’s use of Your Data  caused damage to a third party including but not limited to as a  result of Harmful Code, whether negligent or intentional. 

TPM reserves the right, in its sole discretion, to change, modify, or  amend these Terms & Conditions, including any policy, guideline,  or directive, at any time and for any reason (and with or without  notice). Any change, modification, or amendment by TPM is  effective immediately upon adoption by TPM. You expressly waive  notice of any such change, modification, or amendment and Your  continued use of the Website or Publication(s) thereafter is  acceptance of such change, modification, and amendment. 

LIMITATION ON LIABILITY 

In no event shall TPM, TPM’s parent, licensors, subsidiaries,  affiliates, respective members, employees, independent  contractors, licensors, licensees, assignees, agents, or  representatives be liable for any direct, special, indirect,  incidental, punitive, or consequential damages, including physical  injury or loss, death, wrongful death, loss of profits, loss of data,  loss of records, property damage, products liability, strict liability,  whether brought in tort or contract, arising out of or relating to: (1) the Website content and Publications; (2) any third party content  or site; (3) use of, or inability to use, TPM’s Website; and (4) use  of, or inability to use, any third party’s Website. 

LAW AND VENUE 

These Terms & Conditions shall be governed by and construed in  accordance with the laws of the State of Virginia, without regard  to its principles of conflicts of laws. If a dispute arises, You will  notify and allow TPM to resolve any dispute before initiating the  arbitration process. If, and only if, TPM does not resolve the  dispute within 60 days from the date Your notice is received, then  You may initiate the arbitration process. You hereby irrevocably  and unconditionally consent and agree to submit any dispute with  TPM, its parent, and subsidiaries to binding arbitration under the  rules of the American Arbitration Association (“AAA”), before a  single arbitrator, governed by the AAA’s Commercial Arbitration  Rules, in the County of Fairfax, State of Virginia, or any other  county which TPM reasonably chooses at the time of the dispute,  rather than in court of any other proceeding and expressly waive  any right to jury or bench trial or any other court or legal  proceeding. The parties shall share equally the cost of arbitration,  including any filing fees and arbitration fees. Unless otherwise  ordered by the arbitrator, each party shall be responsible for all  other respective fees and costs, including but not limited to fees  for attorneys or expert witnesses. Judgment upon the award  rendered by the arbitrator may be entered in any court with  jurisdiction to do so. However, TPM may seek immediate  injunctive relief in a court of law, in addition to any other remedy  provided for by these Terms & Conditions or under applicable law,  if You violate any of term or condition (wholly or in part). Any claim  or lawsuit arising out of these Terms & Conditions must be filed no  more than six (6) months after the due date of the occurrence that  is the subject of the claim or lawsuit, or within the applicable statute of limitations, whichever expires first, and YOU  EXPRESSLY WAIVE ANY OTHER STATUTE OF LIMITATIONS  PERIOD OF LONGER THAN SIX (6) MONTHS. 

You agree that your sole and exclusive remedy for any dispute  with TPM is to stop your use of or access of the Content. Under  no circumstances shall TPM or its owner(s), employees, or agents  be liable for any indirect, incidental, consequential, special, or  exemplary damages arising out of or in connection with your  access or use or inability to access or use the Content or TPM  Materials. Such prohibited damages include, but are not limited  to, lost profits, data loss, business damage, or damages that are  not reasonably foreseeable. Some jurisdictions do not allow the  exclusion or limitation of incidental or consequential damages, or  other specific types of damages. To the extent you reside in any  such jurisdictions, this paragraph will not apply to you. 

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS MUST BE  BROUGHT INDIVIDUALLY, AND YOU EXPRESSLY WAIVE ANY  RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER  IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING  against TPM and/or its related parties or entities for any and all  claims related to TPM’s Website, Publications, these Terms &  Conditions, or otherwise including or related to TPM. The  provisions of this paragraph survive the termination of Your use of  the Website, products, and Publications. 

SEVERABILITY

If any provision (wholly or in part) of these Terms & Conditions is  determined to be void and unenforceable by a court of competent  jurisdiction, the remaining provisions of these Terms & Conditions (wholly or in part) shall be subject to partial enforcement. If no  such interpretation is possible, then the unenforceable provision  shall be deemed struck and the remainder of these Terms &  Conditions shall remain valid and enforceable. 

MISCELLANEOUS PROVISIONS 

Individuals may experience seizures, headaches, blackouts,  dizziness, altered vision, eye or muscle twitches, loss of  awareness or vision, confusion, disorientation, involuntary  movement, convulsions, or other symptoms when exposed to  certain visual images, including patterns or flashing lights. If You  experience any symptoms, discontinue use of the Website and/or  Publications and consult a qualified healthcare provider. 

Headings used in these Terms & Conditions are for reference only  and do not affect the interpretation or enforcement of any term or  condition. 

These Terms & Conditions will inure to the benefit of TPM, its  parents, subsidiaries, and successors in interest, including  successors through merger, consolidation, or sale of substantially  all of TPM’s ownership or assets. 

TPM may receive commission from products and services sold on  affiliated websites. 

These Terms & Conditions survive termination of Your use of the  Website and/or Publications.

ENTIRE AGREEMENT 

These Terms constitute the entire agreement between TPM  and You in relation to your use of this Website, and supersede  all prior agreements and understandings.