TERMS OF SERVICE

Last Update: March 28, 2020


  1. ACCEPTANCE

These Terms of Service (the “Terms”) govern your use of the IPSP Sleep Consultant Certification Program (the “Course”). These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. The term "us," "we" or "our" refers to Institute of Pediatric Sleep and Parenting LLC, a Connecticut business entity that holds copyright to this Course. The term "you" refers to the viewer of the Course. Privacy Policy [https://courses.instituteofpediatricsleep.com/pages/privacy] is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot view the Course if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Course after said date, that constitutes your agreement to the updates. 


  1. DISCLAIMERS

  1. No Professional Advice. All information regarding business set up and accounting is for general educational purposes only, to be used at your own risk and without warranties of any kind. We are not lawyers or CPA’s, so nothing on our platform constitutes legal, financial or accounting advice. Check your state/local regulations regarding business registration and requirements. 

  2. FTC Affiliate Disclosure. Our materials contain affiliate links. We receive a small percentage of a final sale if you buy something after following any of those affiliate links. But, even though we receive compensation from some vendors, we always provide our honest ratings, reviews, opinions or experiences on everything you see on our platform. We review all products we find useful, not just the affiliate ones. The views and opinions expressed on this platform are purely our own. Any product claim, statistic, quote or other representation about a product or service should be independently verified with the vendor, manufacturer or other party in question.

  3. Driving. Do not use the Course in any manner that distracts you from driving or is illegal (e.g., in jurisdictions that do not allow the use of mobile devices while driving). We shall not be liable for your compliance with traffic laws. 

  4. Third Parties. The Course may contain references to third party websites and rely on third party services for support. We shall not be liable for any third party venues and cannot guarantee their performance. We do not monitor all content submitted to us. We shall not be liable for user submissions or any third party content.

 

  1. INTELLECTUAL PROPERTY

  1. Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Course contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Course you do not acquire any of our IP rights. Students can view and print out this Course’s content for personal use only. However, nobody is allowed to share any of the Course materials with anyone else without our express prior written permission. This includes but is not limited to written content, PDF’s, photos, logos, charts, graphs, videos, etc. The only exceptions to this rule are the specific things which include the notation that the sharing is allowed. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.

  2. Your Submissions. What’s yours remains yours. You retain all ownership rights to your submissions. We can use and implement any feedback that you voluntarily provide, without compensation to you.

  3. Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our platform and we will investigate.  In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our platform if such claims are reported to info@instituteofpediatricsleep.com. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:


  1. Identify the copyrighted work that you claim has been infringed.

  2. Identify the material or link you claim is infringing.

  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

  4. Include both of the following statements in the body of your report:

  1. Provide your full legal name and your electronic or physical signature.


  1. ACCEPTABLE USE POLICY

By visiting this Course, you represent and agree that:

  1. You have a full capacity to enter into a legally binding agreement, such as these Terms. 

  2. If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods which you are authorized to use. You will not use false identity.

  3. All sales are final and you will not receive any refunds.

  4. If a payment is missed, the certification becomes invalid. Student will still be responsible for the rest of the tuition. We reserve the right to refer the matter to credit reporting and collection agencies.

  5. Students receive access to the Course materials for the lifetime of our platform. If the Course or our platform is discontinued for some reason, the students will be notified.

  6. Students are responsible for saving all of their work to their own personal devices: We do not save all Course work. Technical errors can erase student’s work and we will not be responsible for this.

  7. Graduates retain lifetime certification. However, we can revoke it in the cases of students violating our IP rights, slandering or (attempting to) harm us in any other way.

  8. We can remove anyone from our Facebook Group for what we deem, in our sole discretion, to be inappropriate behavior. We are not responsible for what members of the group post there and do not endorse their views or content. The Group is an added free bonus and, as such, can be closed at any time without liability or refund.

  9. You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed. 

  10. If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful. 

  11. You will ask for our permission before copying anything from our Course for republication.

  12. You will not use our Course for anything illegal.

  13. We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability. 

  14. Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our platform.

  15. You will not impede the proper functioning of our systems.


  1. CONFIDENTIALITY

You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.


  1. BREACH OF THESE TERMS

If any user violates these Terms or any law, we can, without limitation: (i) ban that user from our platforms; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.


  1. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

  1. EVERYTHING WE PROVIDE IN THIS COURSE IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING IN THIS COURSE.  WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, ERROR-FREE ACCESS, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE. 

  2. WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.


  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Course; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.


  1. ARBITRATION

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The place of arbitration shall be Hartford, CT. The arbitration shall be governed by the laws of the State of Connecticut. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Course, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.


  1. GENERAL

  1. Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.

  2. Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.

  3. Hyperlinks. Linking to our Course is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none. 

  4. Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable. 

  5. Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.

  6. Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.

  7. Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.