No portion of these terms and conditions may be reproduced in any form, except as authorized herein, without prior written permission from Sound Start Babies Program (the “Program”).
1. Acceptance of Terms through Use
By accessing this Website (“Site”), you agree to all terms, conditions, and notices contained or referenced in these “Terms of Use”. The content and other materials (collectively the “materials”) available on this Site are proprietary to the Program, or its affiliates. The Program reserves the right to update and change these Terms of Use from time to time at our sole discretion.
2. Use of Site
You acknowledge and agree that all materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and that any unauthorized use of the materials may violate such rights and laws. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, modified, downloaded, displayed, posted or transmitted, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Program. Any use of the materials on any other website, server, or networked computer environment for any purpose is expressly prohibited. If you violate these Terms of Use, your authorization to use this Site automatically terminates.
3. General Disclaimer and Limitation of Liability
Although the Program has attempted to provide accurate information on this Site, the Program assumes no responsibility for the accuracy of the information or materials; nor does the Program warrant that the information or materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. The Program may change the materials or products mentioned at any time without notice. You are responsible for protecting your account information, including passwords associated therewith.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL THE PROGRAM OR ITS AFFILIATES, OR THIRD PARTY CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN). BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4. User Communications
Any communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein (“User Communication(s)”) will be considered non-confidential and non- proprietary. The Program will have no obligations with respect to such User Communications; and by posting or submitting User Communications to this Site you: (i) agree that The Program and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, and (ii) warrant and represent that the public posting and use of your User Communications by The Program will not infringe or violate the rights of any third party.
5. Removal of Content and Discontinuation of Service; Termination of Authorization to Use Site
The Program reserves the right to remove content or discontinue services available on this Site with or without notice.
6. Indemnification
Upon a request by the Program, you agree to defend, indemnify, and hold harmless the Program and its subsidiaries, affiliates, employees, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your misuse of this Site. The Program reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Program in asserting any available defenses.
7. International
The Program makes no representation that materials on this site are appropriate or available for use in locations outside the United States. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
8. Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the County of Morris, State of New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
9. General Provisions
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and the Program with respect to your use of this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Program with respect to use of this Site. The failure of the Program to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Program, and the remaining portions shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose, or you will be forever barred. We may revise these terms and conditions at any time and from time to time by updating this posting.
