CULTIVATING BRIGHT FUTURES LLC

Terms of Use

Last updated October 1, 2020 

Your Relationship with Cultivating Bright Futures, LLC

Welcome to the Cultivating Bright Futures, LLC (hereinafter referred to as the “Company,” “us,” “we,” and “our”) website (“Site”). These Terms of Use (“Terms”), together with the Privacy Policy available at https://www.cultivatingbrightfutures.com/privacy-policy/ and the rules, policies, terms and conditions set forth therein, all of which are incorporated herein by reference, are, collectively, the "Agreement." This Agreement constitutes a legal agreement between you ("you") and the Company and govern the access or use by you of the Site.

By accessing the Site or using our services, you are agreeing to and are subject to the following terms and conditions, as well as our Privacy Policy, herein incorporated by reference.  If you do not agree to all of the Terms you may not access the Site or use our services. The Company reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check the Site and the Terms periodically for changes. Your use of the Site and Company’s services after such modified Terms are posted will mean that you accept such Terms.

This Site Does Not Provide Medical Advice

The contents of the Site, such as text, graphics, images, and other materials created by the Company are for informational purposes only (the “Content”) and are offered herein to educate parents on general pediatric issues, including sleep, that may affect their daily lives. This Site, and the services provided hereunder, does not constitute the practice of any medical, nursing or other professional health care 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. None of the services offered through this Site represent or warrant that any particular service is safe, appropriate or effective for your child. Reliance on any information provided by the Company, our employees, others appearing on the Site at the invitation of the Company, or other visitors to the Site is solely at your own risk.

Intended for Users 18 and Older

This Site is intended for use by individuals 18 years of age or older. This Site is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Site. 

Site Content

The material posted by Company on this Site is protected by copyright laws in the United States and in foreign countries. You may download or copy the Content for your personal use only. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading, sharing, or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, without the prior written consent of the Company or the owner of such material. Nothing contained in the Content grants or should be construed as granting any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, or copyrighted or other proprietary material displayed without the prior written consent of the Company or the owner of such material. Third-party trade names, product names, and logos contained on this Site may be the trademarks or registered trademarks of their respective owners.

Use of Interactive Media on Site

If you use blogging features or otherwise post information (“User Content”) to our Site, you give the Company the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use your User Content for any purpose, in any form, and on any media. If you use blogging features or otherwise post information to the Site, you agree you will not:

• Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights;
• Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by the Company in its sole discretion;
• Post advertisements of solicitations for business; or
• Attempt to disable, “hack” or otherwise interfere with the proper functioning of this Site.

The Company reserves the right to edit or remove any User Content posted by you, regardless of whether such communications violate these Terms.

Links to Third-Party Websites

The Site may include commercial information or advertisements that contain links to other websites operated by parties other than Company ("Third-Party Websites"). Company's links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. Your access of any Third-Party Websites is at your own risk. The Company is not responsible in any way for such Third-Party Websites and will not have any liability as a result of your use of such Third-Party Websites.

Payment for Services

Clients shall pay for Company’s services in accordance with the terms and provisions of any client contract in place with the Company. Generally, the Company accepts payment for services through the Company’s PayPalâ account, unless otherwise designated in the client contract.  PayPalâ is a separate and independent financial service that allows consumers to pay and receive money through their respective PayPalâ accounts. The Company does not collect payment information and is not responsible for the security or privacy of any payment or personal information submitted by client to PayPalâ for payment of Company’s services. Please refer to PayPal’s respective terms of service and privacy policy for questions about the data they collect, their security protocols, and any other questions regarding this payment process. 

Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN ADDITION, THE COMPANY DOES NOT GUARANTEE THAT USE OF THIS SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, AND/OR VIRUSES.

Limitations of Liability

THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold the Company, its officers, members, employees, and agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms.

Governing Law

The terms of this Agreement shall be construed in accordance with the substantive laws of the State of South Carolina, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.

Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision. Company's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.

Contact Information

If you have any questions about the Site, please contact us at hello@cultivatingbrightfutures.com

Privacy Policy