1. User’s Acknowledgment and Acceptance of Terms
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.
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.
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 The materials or services at this Site may be out of date, and we make no commitment to update such materials or services.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.
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.
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 email@example.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
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.