EFFECTIVE AS OF JULY 31, 2022
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “you” or “user” or with “your”) AND BEDSIDE MATTERS LLC d/b/a PEDIAWISE (referenced herein as “pediawise”) THAT APPLIES EACH TIME YOU USE OR ACCESS PEDIAWISE’S WEBSITE AT www.pediawise.com AND ANY OTHER ONLINE PROPERTIES CONTROLLED OR OPERATED BY PEDIAWISE FROM TIME TO TIME (referenced collectively herein as the “Site”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR USE OF THE SITE. IN PARTICULAR, THIS TOU CONTAINS AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR A JURY TRIAL AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THIS CONTRACT. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE SITE.
1. CONTENTS. While the information on the Site is reviewed by a board-certified pediatrician, the information is for educational purposes only, and is not a substitute for professional medical treatment and advice. If you think you are having a medical emergency, call 911 immediately. For specific medical diagnosis, treatment, or other advice specific to your child, please contact your doctor. Reliance on the information provided by PediaWise is solely at your own risk.
2. LICENSE GRANT. The Site is made available by PediaWise, and this TOU provides to you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the Site solely for your personal use and only for educational purposes, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the Site or any materials through the Site for any unauthorized purposes.
3. LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. PediaWise transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. Further, PediaWise reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Site in any manner not expressly permitted herein the Site. Moreover, you must not modify copies of any materials from the Site, any images and graphics separately from the accompanying text, or delete or alter any copyright, trademark, or proprietary rights notices from copies of any materials.
4. USER OBLIGATIONS. By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Site, including, without limitation, when you provide information via a Site submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet is solely at your own risk.
5. ACCOUNT. Registration for access to and use of premium member areas or tools of the Site may require access credentials, such as an email address, username, or password, or adherence to other particular access requirements as designated by PediaWise in its sole discretion from time to time. You hereby agree to consider and maintain your access credentials as confidential information. You shall immediately notify PediaWise if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials. PediaWise has the right to disable any username, password, or other identifier if you have violated any provision of this TOU.
6. FEES. You are solely responsible for any charges incurred through your account and any activities conducted through your account. You represent and warrant that: (i) the payment information supplied to PediaWise is true, correct, and complete; (ii) you are duly authorized to use such payment information for the purchase; (iii) charges incurred by you will be honored by your payment company; and (iv) you will pay charges incurred at the posted prices, including all applicable taxes and fees, if any. By using a current, valid, and accepted method of payment to pay for any services through the Site, you expressly authorize PediaWise or its agent(s) to charge all fees and other costs incurred in connection with the Site to the accepted method of payment. PediaWise reserves the right at any time to change the fees or costs for use of the billable services available through the Site. Such changes will be effective on the first billing cycle that occurs more than thirty (30) days after notice of our new fees. PediaWise reserves the right to deactivate your access to billable portions of the PediaWise Site for failure to pay applicable fees. Unless otherwise stated, all fees are stated in U.S. Dollars.
7. PROPRIETARY RIGHTS. The Site is owned by Bedside Matters LLC. Copyright 2019-2022 © Bedside Matters LLC and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Site, unless otherwise indicated, are owned by Bedside Matters LLC and/or its licensors. BEDSIDE MATTERS LLC, PEDIAWISE, the PediaWise logo, and all other names, logos, and icons identifying PediaWise and its services or product offerings are proprietary trademarks of PediaWise, and any use of such marks without the express written permission of PediaWise is strictly prohibited. Other services, products, or company names mentioned may be the trademarks and/or service marks of their respective owners.
8. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to digital subscription(s), survey participation, payment, SMS (short message service) communication (if available), or participation in a program or event (as applicable). You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and these additional notices, terms, and conditions, PediaWise shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to their respective subject matter.
9. FEEDBACK. PediaWise welcomes your feedback and suggestions about PediaWise’s services, product offerings, or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to PediaWise, you represent and warrant that you own all rights to such Feedback and the Feedback does not infringe or violate the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty-free license for PediaWise to use such Feedback in any manner, for any purpose in furtherance of PediaWise’s mission, and in any medium.
10. PRIVACY POLICY. Please see PediaWise’s Privacy Policy for a summary of PediaWise’s personal information collection and use practices.
11. LINKS TO OTHER SITES. PediaWise may provide links, in its sole discretion, to other third-party websites or provide access to a third-party page(s) on a social media platform(s). Such other sites or pages, including social media platforms, are maintained by third parties over which PediaWise exercises no control. These links do not imply an endorsement with respect to any third party or the information, products, or services provided by any third party unless PediaWise expressly states otherwise.
12. DISCLAIMER. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. PEDIAWISE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
13. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE PEDIAWISE FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND PEDIAWISE’S CONTROL. MOREOVER, IN NO EVENT SHALL PEDIAWISE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, EVEN IF PEDIAWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF PEDIAWISE FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE SITE AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING ONE HUNDRED ($100) DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES, AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PEDIAWISE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. ENFORCING SECURITY. You may not use the Site or any of PediaWise’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior including, without limitation, accessing or using PediaWise’s data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of PediaWise’s system or network, circumventing any security or authentication measures, monitoring any data or traffic, interfering with any services, collecting or using from the Site email addresses or other identifiers, collecting or using from the Site information without the consent of PediaWise (herein or otherwise), using any false, misleading, or deceptive TCP-IP packet header information, using the Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against PediaWise or its data, systems, or network. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. PediaWise reserves the right to view, monitor, and/or record activity on the Site in order to maintain security of the Site. Such recorded activity is subject to review by law enforcement organizations. PediaWise will also comply with all court orders or subpoenas involving requests for information. PediaWise reserves the right at any time to suspend or terminate operation of or access to the Site or any portion of the Site.
15. TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you acknowledge (e.g., check a box) that you have read, understand, and agree to abide by the terms and conditions of the Site, otherwise register to use the Site, respond through the Site to a request for information, and/or begin downloading, accessing, or using the Site, whichever action or event is earliest. PediaWise reserves the right at any time and on reasonable grounds to deny your access to the Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning PediaWise’s proprietary rights, Feedback, disclaimers (of warranty), limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
16. GOVERNING LAW. The Site is controlled and operated by PediaWise from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the District of Columbia as applied to agreements entered into and completely performed in the District of Columbia. Any action to enforce this TOU will be brought in the courts presiding in the District of Columbia, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings.
17. CLASS ACTION WAIVER. YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS TOU OR YOUR USE OF THE SITE. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THIS TOU AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.
18. ARBITRATION. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Site, to any products or services sold or distributed through the Site, including any subscription arrangement, or to any aspect of your relationship with PediaWise, will be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify. Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. You and PediaWise will each bear their own costs and attorneys’ fees in the event of a dispute, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees to the extent permitted by applicable law or under applicable arbitration rules. The entire dispute, including the scope and enforceability of this arbitration provision and arbitrability of any dispute, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this TOU for any reason. Nothing in this section is intended to limit the relief available to either you as an individual or PediaWise in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. You shall have thirty (30) days from the earliest of the date that you visit the Site, make a purchase, or submit information through the Site to opt out of this arbitration provision, by contacting us by email at help@pediawise.com. If you do not opt out by the earliest of the date that you visit the Site, make a purchase or submit information through the Site, then you are not eligible to opt out of this arbitration provision.
19. INJUNCTIVE RELIEF. You agree that PediaWise shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that PediaWise post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to PediaWise to enforce any provision of this TOU.
20. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by PediaWise of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
21. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and PediaWise as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between you and PediaWise with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and PediaWise with respect to the Site. You may not assign, delegate, or transfer any rights under this TOU without the prior written consent of PediaWise. Please note that PediaWise reserves the right to change the terms and conditions of this TOU by posting a revised TOU and a corresponding announcement of the revised TOU, or by mailing and/or e-mailing notice thereof to you. In addition, PediaWise may add, modify, or delete any aspect, program, or feature of the Site, but PediaWise is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please check for announcements and review this TOU on a periodic basis.
22. CONTACT. If you have questions regarding the Site or if you are interested in obtaining more information concerning PediaWise, please contact PediaWise at help@pediawise.com.
