Terms and Conditions

TERMS AND CONDITIONS FOR THE USE OF THIS SITE:

Welcome to www.baby-nutritionist.com (the “Site”). The Site is comprised of various web pages operated by The Baby Nutritionist (“TBN”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Medical

All breastfeeding and other courses offered by TBN, including all information, text, images, audio, video, blog posts and social media posts, or other formats (collectively, the “Services”) is provided for informational purposes only and is not intended to be a substitute for the medical advice of your physician or other medical professional, nor is it intended to diagnose or treat any health or medical condition. You should not rely on any information, instructions, opinions, or other statements included in the Services for medical purposes without first consulting with your physician or other medical professional. The Site is not offered as an alternative or substitute for medical services, advice or referral from a qualified health professional. Your healthcare provider can help you make individualized decisions based on your baby’s medical history and specific needs. Any potential or actual emergency should be handled by contacting 911 or seeking emergency care immediately.

Privacy

Your use of the Site is subject to TBN’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Site Content

Pursuant to Tenn. Code Ann. §68-58-102, breastfeeding is not considered public indecency or nudity, obscene or sexual conduct, but the content of the Site may include topics, photos or footage that are sensitive in nature and which are not appropriate for minors. You are fully responsible for controlling access to the content via your user credentials and you are strictly prohibited from sharing the Services or your user credentials or any of its content with any third party.

Electronic Communications

Visiting the Site or sending emails to TBN constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TBN is not responsible for third party access to your account that results from theft or misappropriation of your account. TBN and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Customers shall have access to courses purchased from the Site for a period of one (1) year from the date of purchase. For access beyond the 1-year time frame, customers shall be required to repurchase Course content.

Links to Third Party Sites

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of TBN and TBN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TBN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TBN of the site or any association with its operators.

Use License; No Unlawful or Prohibited Use; Intellectual Property

Permission is granted to temporarily access one copy of the materials (information or software) from the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on Company’s web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or ‘mirror’ the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TBN or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not in any way exploit any of the content, in whole or in part, found on the Site. TBN content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TBN and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TBN or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by TBN from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TBN Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless TBN, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TBN reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TBN in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TBN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TBN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TBN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TBN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TBN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

TBN reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee and you hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TBN as a result of this agreement or use of the Site. TBN’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of TBN’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TBN with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Unless otherwise specified herein, these Terms constitute the entire agreement between the user and TBN with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TBN with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

Payments; Refunds; and Fees

Clients may pay for Services online using an authorized PayPal Account.

Refunds will be issued if a client is unsatisfied with a Course and the client contacts TBN within thirty (30) days of payment. Gift cards are not eligible for refunds.

If you access the Site or Services from a mobile device, you will be responsible for any and all data charges and other fees imposed by your mobile company.

Changes to Terms

TBN reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. TBN encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

TBN welcomes your questions or comments regarding the Terms:

The Baby Nutritionist

Email Address:

contact@baby-nutritionist.com

Effective as of January 01, 2021