Terms and Conditions
1. User’s Acknowledgment and Acceptance of Terms
The Center for Pediatric Sleep Management and/or Jayne Havens (“Us” or “We”) provides The Center for Pediatric Sleep Management website and various related services and materials (collectively, the “Site”) to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using the Site, Users shall be subject to any posted rules applicable to the Site that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
These Terms of Use are effective as of January 1, 2020. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our current and future owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site.
2. Description of Services
We make various services available to the Public or select Users on this Site including, but not limited to: sleep consulting packages, sleep consulting course materials, public speaking engagements and/or workshops, sleep-related product recommendations, social media links, and contact forms.
We reserve the sole right to either modify or discontinue the Site, including any of the Site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features or offerings that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.
3. Third-Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply an association with the Site or party by us, or any warranty of any kind, either express or implied.
4. Intellectual Property Information
Copyright (c) 2020, The Center for Pediatric Sleep Management. All rights reserved.
For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, and other materials and services that can be viewed by users on, through, or via our site.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of the Center for Pediatric Sleep Management and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on, through, or via this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
5. Disclaimer of Warranties
All materials and services on, through, or via this Site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from, through, or via the Site, from us, or from our affiliates will meet your expectations or be free from mistakes, errors or defects.
This Site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services at this Site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this Site may be out of date, and we make no commitment to update such materials or services.
Through your use of the Site, you may have the opportunity to engage in commercial transactions with other vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. We make no warranty regarding any transactions executed through, or in connection with, this Site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials or information available on or through this Site from a third party is provided solely by such third-party, and not by us or any of our Affiliates.
6. Limitation of Liability
In no event shall we or our Affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever. Further, we shall not be liable in any way for third party goods and services offered through this Site or for assistance in conducting commercial transactions through this Site, including without limitation the processing of orders.
7. Indemnification
Upon a request by us, you agree to defend, indemnify and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site.
8. International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
9. Governing Law
This Site (excluding any linked sites) is controlled by us from our offices within the state of Maryland in the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Maryland, by accessing this Site both of us agree that the statutes and laws of the State of Maryland, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Maryland with respect to such matters.
10. Notices
All notices to a party shall be in writing and shall be made via email with delivery and read receipt. Notices to us must be sent to the attention of Jayne Havens at jayne@thesnoozefest.com. We may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
11. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
12. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision. By continuing to use this Site, you accept and agree to these Terms of Use.