Terms of Use

 

Agreement between User and Baby Doctor MD.

The https://www.babydoctormd.org/ website (the "Site") is comprised of various web pages operated by Baby Doctor MD LLC ("Baby Doctor MD"). This Statement of Privacy applies to https://www.babydoctormd.org/, and Baby Doctor MD LLC (the “Company,” “we,” “us,” or “our”). Your access and use of the Websites, including but not limited to informational and educational content, web applications, formatters, validators, encoders & decoders, converters, cryptography and security tools, string escapers and utilities, data generators and other web resources available on the Websites (the “Contents”), constitute your acceptance of these Terms of Use in their entirety.

https://www.babydoctormd.org/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.babydoctormd.org/ constitutes your agreement to all such Terms. These Terms are a binding contract between you and Baby Doctor MD. Your access and use of the Site constitutes your acceptance of these Terms in their entirety. If you do not agree with any of these Terms, or the documents they refer to, you may not access or view the Site, nor utilize the contents in any manner whatsoever. You represent and warrant that you are an individual of legal age to form a binding contract.

These Terms apply to the following processing activities:

• Visiting our Websites and accessing our content which display or link through to these Terms
• Registering for a course offered by Baby Doctor MD or completing other forms via Baby Doctor MD websites
• Communicating with us to report a problem or to submit queries, concerns, or comments regarding Baby Doctor MD’s websites and/or content
• Receiving email communication from us
• Joining one of our online communities and participating in discussions within such online communities

The purpose of https://www.babydoctormd.org/ is to provide online education on newborn care and baby sleep through a free blog, as well as more comprehensive online education on the topic of newborn care and baby sleep through paid online courses.

 

Privacy

Your use of https://www.babydoctormd.org/ is subject to Baby Doctor MD's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Disclaimer

The information you obtain through Baby Doctor MD’s website, social media outlets, and courses are not, nor are they intended to be, medical advice. You should consult a physician for advice regarding your individual situation. Any information we offer is intended for general educational purposes only. Any information we offer does not create a physician-patient relationship. Baby Doctor MD and its owners, presenters, and employees specifically disclaim any liability which is incurred as a consequence, either directly or indirectly, by the use of any of the information contained in the Websites and Contents.

 

Electronic Communications

Visiting https://www.babydoctormd.org/ or sending emails to Baby Doctor MD 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 this 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 Baby Doctor MD is not responsible for third party access to your account that results from theft or misappropriation of your account. Baby Doctor MD and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

    

Links to Third Party Sites/Third Party Services

https://www.babydoctormd.org/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Baby Doctor MD and Baby Doctor MD 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. Baby Doctor MD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Baby Doctor MD of the site or any association with its operators.

Certain services made available via https://www.babydoctormd.org/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.babydoctormd.org/ domain, you hereby acknowledge and consent that Baby Doctor MD may share such information and data with any third party with whom Baby Doctor MD has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.babydoctormd.org/ users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

The Websites and Contents may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof (hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, trade secrets, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Unless specified otherwise in writing, all Intellectual Property or Confidential Information rights in any element contained in the Websites and/or Contents, shall be the exclusive ownership of Baby Doctor MD.

You may use our Websites only for the purpose of using the Contents as provided, for informational, personal and non-commercial purposes and for no other purpose. No materials from the Websites may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Baby Doctor MD’s prior written permission. You may not copy or distribute any graphics from the Websites and/or Contents separately from their accompanying text, and you may not quote materials out of their context. All rights not expressly granted herein are hereby reserved by Baby Doctor MD. 

Any unauthorized use of the materials appearing on our Websites or in our Contents may violate confidentiality, copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties.

Our Websites and Contents, as well as Communities, contain functions that allow you to submit feedback and participate in discussions with other users (“User Submission”). You retain ownership of any intellectual property rights that you hold in such User Submissions. When you create, upload, submit, store feedback to or through the Websites, Contents or Communities, you agree to give Baby Doctor MD a royalty-free, perpetual, sublicensable, irrevocable and worldwide license to use, host, store, reproduce, modify, translate and otherwise act with respect to such User Submissions to enable Baby Doctor MD to operate and improve its services. 

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.babydoctormd.org/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Baby Doctor MD that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Baby Doctor MD 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 modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site, or in our courses. Baby Doctor MD 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 Baby Doctor MD 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 Baby Doctor MD or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Baby Doctor MD has no obligation to monitor the Communication Services. However, Baby Doctor MD reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Baby Doctor MD reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Baby Doctor MD reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Baby Doctor MD's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Baby Doctor MD does not control or endorse the content, messages or information found in any Communication Service and, therefore, Baby Doctor MD specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Baby Doctor MD spokespersons, and their views do not necessarily reflect those of Baby Doctor MD.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to or Posted on Any Baby Doctor MD Web Page or Online Community

Baby Doctor MD does not claim ownership of the materials you provide to any Baby Doctor MD web page or Baby Doctor MD online community (including feedback and suggestions) or post, upload, input or submit to any Baby Doctor MD Site or our associated services (collectively "Submissions"). User Submissions express the views of their authors only. You remain solely responsible for the content of your posted messages. However, by posting, uploading, inputting, providing or submitting your Submission you are granting Baby Doctor MD, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Baby Doctor MD is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Baby Doctor MD's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

No Warranties

The Websites and Contents are provided “AS IS”, without any representations or warranties, express or implied. 

Without prejudice to the generality of the foregoing paragraph, Baby Doctor MD does not warrant that:

• The Websites or any Contents contained therewith will be constantly available, or available at all; or
•  The information on the Websites or in the Contents is complete, true, accurate or non-misleading.

THE COMPANY MAKES NO GUARANTY AS TO THE RESULTS FROM USE OF ITS SERVICES. THE SITE AND THE SERVICES ARE PROVIDED TO YOU “AS IS, AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT WARRANT AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE, SERVICES, CONTENT OR ANY OTHER INFORMATION AVAILABLE THROUGH THE SITE OR SERVICES. NOR DOES THE COMPANY GUARANTEE THAT THE SITE OR SERVICES WILL BE TYPOGRAPHICAL-ERROR-FREE, ERROR-FREE, OR CONTINUOUSLY AVAILABLE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE SITE OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

  

Other Parties

You accept that Baby Doctor MD has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Baby Doctor MD’s directors, officers or employees in connection with the Websites or Contents. 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will protect Baby Doctor MD’s directors, officers, employees, agents, affiliates, subsidiaries, successors, sponsors, assigns and sub-contractors as well as Baby Doctor MD.

Baby Doctor MD has not reviewed all of the sites linked to the Websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Baby Doctor MD of the site. Use of any such linked website is at your own risk.

 

Third Party Accounts

You will be able to connect your Baby Doctor MD account to third party accounts. By connecting your Baby Doctor MD account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users

The Service is controlled, operated and administered by Baby Doctor MD 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 Baby Doctor MD Content accessed through https://www.babydoctormd.org/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Baby Doctor MD, 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. Baby Doctor MD 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 Baby Doctor MD in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties. The arbitration shall take place in Pennsylvania. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Baby Doctor MD agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

Your usage of Baby Doctor MD’s Website, including blog and course materials, and social media content, is at your own risk. Baby Doctor MD will not be liable for any damage you suffer as a result of such use. 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. BABY DOCTOR MD LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BABY DOCTOR MD LLC 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. BABY DOCTOR MD LLC 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 BABY DOCTOR MD LLC 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 BABY DOCTOR MD LLC 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

Baby Doctor MD 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 Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania 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 Baby Doctor MD as a result of this agreement or use of the Site. Baby Doctor MD's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Baby Doctor MD'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 Baby Doctor MD with respect to such use. If any part of this agreement 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 the agreement shall continue in effect.

Unless otherwise specified herein, this agreement and the Privacy Policy constitute the entire agreement between the user and Baby Doctor MD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Baby Doctor MD with respect to the Site. A printed version of this agreement 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 this agreement and all related documents be written in English.

 

Cancellation/Refund Policy

Baby Doctor MD classes are designed to provide online education on newborn care and baby sleep. If you decide your class is not the right fit for you, we will issue you a refund within 15 days of purchase.
Email our support team at [email protected] within 15 days of purchase to inform us that you would like a refund. Please email us directly from your email account rather than using our contact form. Refund requests submitted via Instagram or any other social platform will not be processed.
After 15 days, all purchases are completely non-refundable (even if you did not access or complete your class).

 

Changes to Terms

Baby Doctor MD reserves the right, in its sole discretion, to change the Terms under which https://www.babydoctormd.org/ is offered. The most current version of the Terms will supersede all previous versions. Baby Doctor MD encourages you to periodically review the Terms to stay informed of our updates. If you disagree with any changes to these Terms, you will need to stop using the website and contents.

 

Contact Us

Baby Doctor MD welcomes your questions or comments regarding the Terms:

 

Baby Doctor MD LLC

1800 JFK Blvd, Suite 300, Unit 95849

Philadelphia, Pennsylvania 19103

 

Email Address:

[email protected]

   

Effective as of September 10, 2023