TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES, AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.1. General
The terms and conditions of use ("Terms") apply exclusively to the user’s access to, and use of, the website of Inside Out Medicine, a Washington corporation (the "Company"), located at www.PedsFeeds.com (the "Website") and the information and other information or services provided therein (the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with the Company, or its subsidiaries or affiliates, for products, services or otherwise. Furthermore, if you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept these Website terms on such entity's behalf, and that such entity agrees to indemnify you and the Company for violations of these Terms.
The Company reserves the right to amend, change, modify, or delete any of the terms and conditions contained in these Terms or any policy or guideline of the Website, at any time and in its sole discretion. Any such changes will be effective immediately upon posting of the revisions on the Website. Your use of this Website following the posting of its changes will constitute your acceptance of such changes. Therefore, you should frequently review these Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Website. If you do not agree to the revised terms, then you are not authorized to continue to use the Website, and you must cease to use it effective immediately.2. Disclaimers and Acknowledgements Regarding Use of Website Information
NEITHER THE COMPANY NOR THE WEBSITE PROVIDES MEDICAL ADVICE. THE CONTENT OF THIS WEBSITE SHOULD NOT SUBSTITUTE FOR MEDICAL ADVICE FROM A HEALTH PROFESSIONAL. IF YOU OR YOUR CHILD HAS A HEALTH PROBLEM, SPEAK TO YOUR DOCTOR OR A HEALTH PROFESSIONAL IMMEDIATELY ABOUT YOUR CONDITION. BY USING THIS WEBSITE, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THIS WEBSITE IS NOT MEANT TO STAND IN PLACE OF YOUR DIRECT INVESTIGATION OF ANY RESOURCES OR SERVICES REFERENCED ON THIS WEBSITE. YOU BEAR THE DUTY OF INVESTIGATING THE CREDENTIALS AND SAFETY OF ANY TREATMENT OR SERVICE RENDERED BEFORE PROCEEDING. USERS ARE URGED TO EXERCISE INDEPENDENT JUDGMENT AND REQUEST REFERENCES WHEN CONSIDERING ANY RESOURCE ASSOCIATED WITH DIAGNOSIS OR TREATMENT OF FEEDING ISSUES, OR THE PROVISION OF ANY SERVICES RELATED TO FEEDING AND SWALLOWING. YOU SHALL SOLELY BEAR ALL LIABILITY FOR ANY CONSEQUENCE, ACTION, OR HARM ARISING FROM YOUR DEALINGS WITH ANY ENTITY PUBLISHED ON THIS WEBSITE.
THE WEBSITE, THE WEBSITE MATERIALS (INCLUDING ANY MEDICAL OR HEALTH INFORMATION) AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, PROVIDER PROFILE INFORMATION, CONTENT OR MATERIALS IN THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT WEBSITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
While the Company strives to provide contact and other useful information regarding feeding issues and related service providers, you acknowledge that such information is dependent upon third-party data and contributions, that there are certain limitations to the accuracy or currency of such information, that is available to the general public, as well as the fact that related service provider information may be incomplete or may contain inaccuracies, and that information on the Website may not be wholly current or contain errors, omissions or misinterpretations of information. You further acknowledge that the information contained in a service provider’s profile, such as descriptions of such person’s areas of practice, and other data, summaries or descriptions on the Website, are based on the data obtained by or submitted to Company, which may be incomplete or inaccurate, and rely on automated interpretations of the information gathered by or submitted to the Company. You are encouraged to independently verify the accuracy of any information you obtain on the Website before using it, and you should obtain independent references for service provider that you are considering engaging. You agree to be solely responsible for your use of the Website, the Website Materials and the Services.3. Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONTRIBUTORY OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND INCURRED BY THE USER HEREOF, (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY OR THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE.4. No Medical Advice
Information posted or made available on or through the Website, including without limitation any classifications, methods, or attributes of service providers, questions posted on the Website and any other articles, comments, opinions, recommendations, answers, analysis, references, referrals or medically related content or information (collectively "Website Information”) is not intended to constitute medical advice with respect to the user. Such Website Information is intended for general informational purposes only and should be used only as a starting point for addressing your feeding issues. It is not intended to be a substitute for a consultation with a licensed healthcare provider licensed to practice in your particular jurisdiction. Although the Company reserves the right to review, remove, or edit any content from the Website in its sole discretion, the Company does not routinely screen, monitor, or review the content for accuracy of any such Website Information, especially that information provided by the service providers listed in the directory. THEREORE, NEITHER THE COMPANY NOR ITS MEMBERS, MANAGERS, EMPLOYEES, OR REPRESENTATIVES SHALL BE RESPONSIBLE OR LIABLE FOR ANY WEBSITE INFORMATION A USER MAY OBTAIN ON OR THROUGH THE WEBSITE, AND ANY USE OR RELIANCE ON SUCH WEBSITE INFORMATION IS SOLELY AT YOUR OWN RISK.5. No Liability for Service Providers
The Website is intended to provide contact information about feeding issues and related service providers. If the service provider indicates that such party is licensed by a particular state, the Company undertakes at the time that the service provider is first listed on this Website to verify whether such party is in fact licensed by the state indicated by service provider. No verification of licensing is provided with respect to states where such information is not readily available. THE COMPANY DOES NOT SUBSEQUENTLY OR ROUTINELY MONITOR OR REVIEW THE LICENSING STATUS OF THE SERVICE PROVIDERS LISTED ON THE WEBSITE. THE USER IS ENCOURAGED TO VERIFY THE STATUS OF THE LICENSING OF EACH PARTICULAR SERVICE PROVIDER AND ANY RELATED DISCIPLINARY ACTIONS PRIOR TO ENGAGING THEIR SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR ANY INCORRECT OR OUTDATED INFORMATION REGARDING THE LICENSING STATUS OF THE SERVICE PROVIDERS LISTED ON THE WEBSITE AND THE USER ASSUMES FULL RESPONSIBILTY AND LIABILITY WITH RESPECT TO SUCH INCORRECT OR OUTDATED INFORMATION.
The service providers listed on the Website are in no way affiliated with the Company nor employed or engaged by the Company as its agent. The Company provides this information only for reference and informational purposes only and does not imply affiliation, endorsement, accreditation, of the service providers. None of the information contained on the Website or provided through the Services is an endorsement of any particular service provider, nor is it a promise, guarantee, representation, or assurance of such person’s quality, competency, qualifications, experience, resources, character, integrity, or other personal and professional characteristics. Information posted or made available on or through the Website by the listed service providers, including without limitation any classifications, methods, or attributes of therapy, questions posted on their pages of the Website and any other articles, comments, opinions, recommendations, answers, analysis, references, referrals or medically related content or information included by the service providers (collectively “Provider Information”) reflects the opinion of the service providers and not that of the Company, its directors, officers, shareholders, managers, members, employees or representatives. FURTHERMORE, NEITHER THE COMPANY NOR ITS MEMBERS, MANAGERS, EMPLOYEES, OR REPRESENTATIVES SHALL BE RESPONSIBLE OR LIABLE FOR ANY ACTIONS, THERAPY, INJURIES, EMOTIONAL DISTRESS, HARRASSMENT, OR DAMAGES SUSTAINED BY THE USER OF THIS WEBSITE OR CAUSED BY SERVICE PROVIDER LISTED ON THE WEBSITE. THE USER HEREBY AGREES AND ACKNOWLEDGES THAT ANY USE OF SERVICES, INFORMATION, MATERIALS, OR PRODUCTS FROM THE SERVICE PROVIDERS LISTED ON THE WEBSITE IS SOLELY AT THE USER’S OWN RISK.
Your business dealings or correspondence with, or participation in promotions of such service providers are solely between you and such third party. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.6. Third Parties and Third-Party Content
The Company or users may provide links to Web pages and content of third parties as a service to those interested in such links and content, and Company may post third-party content or allow users to post their content or third-party content to the Website (such content is collectively referred to as “Third-Party Content”). The Company does not monitor or have any control over any Third-Party Content or third-party websites. Company does not endorse or adopt any Third-Party Content or third-party website and can make no guarantee as to its accuracy or completeness. The Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third- Party Content or third-party websites. Users use these links, Third-Party Content and third- party websites at their own risk. The Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party services or monitor or have any control over such Third-Party services. Reference to any third parties or other service providers or organizations, associations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.7. Privacy
The Company collects and uses personal information from its users and service providers. In order that you can make an informed decision about using the Website, please read and understand the Terms before using the Website or submitting any personal information to the Company. Our policy regarding private information is as follows: (a) you must be eighteen (18) years of age or older to use this our Website. By using our Website, you represent that you are 18 years of age or older and you consent to the information collection and use practices described herein; (b) for purposes of the Terms, "personal information" shall mean information that specifically identifies an individual (such as user's name, address, telephone number, electronic mail address) or that is associated with an identifiable person (such as demographic information or information about a person's activities when such information is linked to personally identifying information). “Personal information shall not include (i) any publicly available information (including your posting information to public areas of the Website) and public records or (ii) general data that the Company collects about the use of the Website or categories of Website users, from which personal information has been removed, e.g., demographics, gender of users, or age of users; (c) in general, we use personal information that we collect in order to enhance your use of the Website, provide you with information, products and services that you may be interested in, and to administer and assist us with the operation of the Website and of our business, and for the purpose for which the information was provided, including but not limited to using the information that we collect to send you information and service updates, including contacting you about our services, products, activities, special events or offers and for other marketing, informational, product development and promotional purposes, including notifications about new features and or improvements to the Website or our products and Services; (d) the Company may obtain personal information in a number of different ways, including your accessing the Website, your using the various Services of the Website, or your submission of information to the Website. For example, when you visit the Website, some information is automatically collected through the use of log files, such as your computer's Internet Protocol (IP) address, your computer's operating system, the browser type, the address of a referring website and your activity on the Website. The Company may also automatically collect certain information through the use of "cookies" (data files that are stored on a user's hard drive to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history); (e) third parties' advertisers (or links to other websites) listed on the Website may collect personal information from you in connection with the services they provide and may place cookies, web beacons, or other devices on your computer to collect information which may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Website and the other sites tracked by these third parties. The Company is not responsible for, and does not control, any actions, information, or policies (privacy or otherwise) of any third-party service providers on the Website or linked from the Website. In addition, the Company is not responsible for any information that you provide to these parties directly, and we encourage you to become familiar with their practices and privacy policies before disclosing information directly to such third parties with which you come into contact; (f) the Website is intended to provide contact information about service providers familiar with feeding issues, as well as relevant information and articles. Outside of that defined purpose, the Company will not sell, share, or rent any personal information to third parties, except as disclosed in the Terms without first obtaining your consent, although the Company may provide general information or other non-personal information to third parties without your authorization. Furthermore, the Company may share your contact information with third parties if you have indicated to us that you wish to receive information from such parties. In the event that we engage or partner with third-party vendors, consultants or other service providers in connection with the operation of the Website, we may share personal information with such providers in order for them to perform their services; and (g) the Company is hereby authorized to disclose personal information of a user when the Company, in its sole discretion, determines that it is appropriate to comply with applicable laws (including bankruptcy); to enforce or apply the Terms or other policies or agreements; to bill and collect amounts owed to the Company by the user; to protect the Company’s rights; or the Company determines in its sole discretion that disclosure of communications or personal information is necessary to try to avoid personal injury or death. Furthermore, personal information may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of the business assets of the Company. (h) the Company takes commercially reasonable measures to secure certain of the user’s personal information from unauthorized access, use or disclosure, by utilizing physical, electronic, and other procedures to safeguard the information we collect through this Website. Additionally, to the extent applicable, the user’s account information is accessible online only through the use of a password. IT IS IMPORTANT TO NOTE THAT DESPITE SUCH EFFORTS, NO SECURITY MEASURES ARE COMPLETELY FAIL-SAFE. To protect the confidentiality of your personal information, therefore, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Website by any person using your password. Please advise us immediately if you believe your password has been misused. You should also note that electronic mail is not secure, and you should not send any confidential or sensitive information to us via an unsecured email.8. Copyright and Limited License
Unless otherwise indicated, the Website and all content and other materials on the Website, including, without limitation, the Company trade name, and all designs, graphics, images, photographs, pictures, text, information, data, or other files and the selection and arrangement thereof (collectively, the "Website Materials") are the proprietary property of the Company or its licensors or users and are protected by both U.S. and international copyright laws. Users are granted a limited, license to access and use the Website and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Website Materials for informational, non-commercial and personal use only. This license is revocable at any time and may not be sub-licensed to another party. Furthermore, such license is subject to these Terms and does not include or authorize: (a) the resale or commercial use of the Website or the Website Materials; (b) the collection and use of any service provider listings, pictures, profiles, or descriptions from the Website; (c) the distribution, public performance or public display of any Website Materials, (d) modifying or otherwise making any alternate uses of the Website and the Website Materials, or any portion thereof; (e) use of any data mining or similar data gathering or extraction methods from the Website; (f) downloading (other than the page caching) of any portion of the Website, the Website Materials or any information contained therein, except as expressly permitted on the Website;or (g) any use of the Website or the Website Materials other than for its intended purpose. Any use of the Website or the Website Materials other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Website Terms shall be construed as conferring any license to intellectual property rights of the Company or its licensors, advertisers, or users. The Company is authorized in its sole discretion to limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.9. Trademarks
Inside Out Medicine, “PedsFeeds”, the Company logo and any other product or service name or slogan contained in the Website are trademarks of Company (and, where indicated, its suppliers or licensors), and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company (or the applicable trademark holder). All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Users of this Website may not use “PedsFeeds.com” or any other name, trademark or product or service name of the Company without the Company’s prior written permission. In addition, the look and image of the Website, including all page headers, custom graphics, scripts, is the service mark, trademark of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission.10. Hyperlinks
Users are granted a limited, non-exclusive right to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray the Company, any of its products and services, or any service provider in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of the Company to link to this Website without the express written permission of the Company. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found on the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without the Company's express written consent. Except as noted above, users are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Company or any third party. THE COMPANY MAKES NO CLAIM OR REPRESENTATION REGARDING, AND ACCEPTS NO RESPONSIBILITY FOR, THE QUALITY, CONTENT, NATURE OR RELIABILITY OF THIRD-PARTY WEB SITES ACCESSIBLE BY HYPERLINK FROM THE WEBSITE, OR WEB SITES LINKING TO THE WEBSITE. Because such sites are not under the control of Company, the Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Company of any site or any information contained therein. When you are directed to another website, you should be aware that our terms and policies no longer govern and you are subject to the terms and conditions of such new website. Therefore, you are encouraged to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.11. Content and Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, articles, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to the Company, or any postings on the Website, are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for your use of any interactive areas on the Website and agree to use them at your own risk. By using any interactive areas on the Website, you agree to comply with any guidelines provided by the Company and you further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following: (a) content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, disparaging, fraudulent or otherwise objectionable; (b) content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law; (c) content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any content, you represent and warrant that you have the lawful right to distribute and reproduce such content as provided under these Website Terms; (d) content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) unsolicited promotions, political campaigning, advertising or solicitations; (f) private or confidential information of any third party, including, without limitation, addresses, phone numbers, and electronic mail addresses; and (g) viruses, spyware, corrupted data or other harmful, disruptive or destructive files. Information posted by user on the Website, unless the Company indicates otherwise, includes a grant to the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and full right to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content throughout the world in any media. You grant the Company and its affiliates and other licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you post or you otherwise have the right to post such content to the Website and to grant the rights granted herein; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply does not violate these Website Terms and will not violate any rights of or cause injury to any person or entity. THE COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT POSTED, STORED OR UPLOADED BY YOU OR ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS THE COMPANY LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, OR PROFANITY POSTED ON THE WEBSITE. Your use of interactive areas of the Website is at your own risk. As a provider of interactive services, the Company is not liable for any statements, representations, responses, comments or other content provided by its users in any review, forum, question, answer or other interactive area. Content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the interactive areas or the Website, or which may expose the Company or its users to any harm or liability of any type may be removed by the Company. Moreover, although the Company has no obligation to screen, edit or monitor any of the content posted on the Website, the Company reserves the right, and has absolute discretion, to remove, screen or edit any content posted or stored on the Website at any time and for any reason without notice. The failure of the Company to remove such information shall not be construed to be a waiver or relinquishment of this right nor shall it imply that the Company condones, endorses, or agrees with such material. Any use of the Website in violation of the foregoing violates these Website Terms and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or the Website.12. Indemnification
You agree to defend, indemnify and hold harmless Company, its members, managers, employees and representatives from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content or information that you post, store or otherwise transmit on or through the Website or your use of or inability to use the Website, Services and Listing Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the user content, your conduct, your violation of these Website Terms or your violation of the rights of any third party.13. Applicable Law and Venue
These Website Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington (even if your use and access of the Website is outside of the State of Washington), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Website or these Website Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.14. Arbitration
You agree that any dispute relating to or arising from the use of this Website that cannot be settled by the parties shall be resolved by binding arbitration to be conducted in Seattle, King County, Washington. A party may initiate arbitration of a dispute by serving the other party or parties with a written demand for arbitration, describing the dispute and identifying the relief sought with respect to it. Within twenty (20) days following service of a written demand for arbitration, the parties involved in the dispute shall attempt to reach agreement upon the selection of a qualified impartial arbitrator. If the parties cannot agree upon an arbitrator within twenty (20) days from the date written demand for arbitration is served, the party demanding arbitration may commence an action for the limited purpose of obtaining appointment of an arbitrator by the Presiding Judge of the Superior Court of the State of Washington for King County. The arbitration shall be conducted in accordance with the provisions of the Uniform Arbitration Act, RCW Chapter 7.04A. The arbitrator may grant injunctive or other relief as part of an interim or final award. Any arbitration award may be enforced by judgment entered in the Superior Court of the State of Washington for King County.15. Termination
Notwithstanding any of these Website Terms, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent your access to and use of the Website.16. Severability
If any provision of these Website Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Website Terms and shall not affect the validity and enforceability of any remaining provisions.17. Anti-Spam Policy
The information contained on the Website, including all contact information, telephone numbers, fax numbers, and electronic mail message addresses, may not be harvested, used for purposes of solicitation or any other purpose inconsistent with the informational objectives of the Website, or republished in any form without prior written permission from the Company.18. Software Licenses
All software utilized by or on the Website, including that which is made available for downloading from the Website may be protected by copyright and other rights. The use of such software is governed by the terms of the software license agreement or designated legal notices associated with each individual software program. The downloading and use of such software is conditioned on your agreement to be bound by the terms of the relevant license agreements.19. Subscribers
Except with respect to subscribers of this Website, who are also subject to a Subscribers Agreement, the Terms contain the entire agreement and understanding of the parties with respect to the entire subject matter hereof, and there are no representations, inducements, promises or agreements, oral or otherwise, not embodied herein. Any and all prior discussions, negotiations, commitments and understandings relating thereto are merged herein. There are no conditions precedent to the effectiveness of the Terms other than as stated herein, and there are no related collateral agreements existing between the parties that are not referenced herein. No third party is a beneficiary of the Terms.21. Validity
In case any term of this Agreement shall be determined to be invalid, illegal, or unenforceable, in whole or in part, the validity of any of the other terms of this Agreement shall not in any way be affected thereby.22. Waiver of Breach
The failure of any party hereto to insist upon strict performance of any of the covenants and agreements herein contained, or to exercise any option or right herein conferred, in any one or more instances, shall not be construed to be a waiver or relinquishment of performance of any covenant or agreement, or of any such option or right, but the same shall be and remain in full force and effect.23. Inquiries
Any questions regarding the Website, the Terms, the Subscriber Agreement, copyrights or alleged infringement should be directed to legal counsel for the Company: Lasher Holzapfel Sperry & Ebberson, PLLC
Attn: Karl A. Weiss
601 Union Street, Suite 2600
Seattle, WA 98101-4000
FAX (206) 340-2563 The physical location of the headquarters of Company and contact information: Inside Out Medicine
2026 N. 77th Street
Seattle, WA 98103
Attn: Karl A. Weiss
601 Union Street, Suite 2600
Seattle, WA 98101-4000
FAX (206) 340-2563 The physical location of the headquarters of Company and contact information: Inside Out Medicine
2026 N. 77th Street
Seattle, WA 98103
To create a directory listing, users must agree to be bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, you will not be able to proceed with the registration process for the respective services and become a subscriber with a directory listing. 1. General
This Subscriber Agreement shall apply to the subscriber’s access to, and use of, the Website of Inside Out Medicine, Inc., a Washington corporation (the "Company"), located at www.PedsFeeds.com (the “Website”) and the information and other information or subscription services provided therein (the “Listing Services”). All references to “Services” in the Terms shall also apply to the Listing Services.2. Subscriber Use
In consideration of your use of the Website and Listing Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information that you provide to the Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Company. In addition, you agree not to access or use, or attempt to access or use, the Website or any part thereof using the identity or the Registration Data of any person other than yourself.3. Changes to Subscriber Agreement
The Company reserves the right to amend, change, modify, or delete any of the terms and conditions contained in this Subscriber Agreement, at any time and in its sole discretion. Any such changes will be effective upon the earlier of: (i) posting of the revisions to this Subscriber Agreement on the Website or (ii) notification by electronic mail. Your use of the Website following the posting or notification of the changes will constitute your acceptance of such changes. Therefore, you should frequently review the Subscriber Agreement from time to time to understand the terms and conditions that apply to your use of the Website.4. Fees and Payments
Currently, listings are provided as a service without charge. You are responsible for any fees or charges incurred to access the Listing Service on the Website through an Internet access provider or other third-party service.5. Renewal
You may be requested to renew your listing up to twice annually, unless we terminate it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your listing.6. Opt In and Opt Out
By using the Website, you consent (“opt in”) to receive emails from the Company. The Company will send you information or service updates when you have "opted in" to receive such emails. In order to "opt-out" of receiving service or account-related emails from the Company, you must follow the instructions for unsubscribing within the emails you receive from the Company. The Company shall be provided a reasonable period to update its files to reflect the opt-out election by the user.7. Relationship of the Parties
The parties agree that they are independently contracting parties and that this Agreement shall not create the relationship of employer and employee, a partnership or a joint venture between the parties. Unless otherwise set forth in this Agreement, neither party has any authority to bind the other or incur any obligation on behalf of the other party.8. Indemnification
You agree to defend, indemnify and hold harmless Company, its members, managers, employees and representatives from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content or information that you post, store or otherwise transmit on or through the Website or your use of or inability to use the Website, Services and Listing Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the user content, your conduct, your violation of the Website Terms, your violation of this Agreement, or your violation of the rights of any third party.9. Applicable Law and Venue
These Website Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington (even if your use and access to the Website is outside of the State of Washington), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Website or these Website Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.10. Arbitration
You agree that any dispute relating to or arising from the use of this Website that cannot be settled by the parties, it shall be resolved by binding arbitration to be conducted in Seattle, King County, Washington. A party may initiate arbitration of a dispute by serving the other party or parties with a written demand for arbitration, describing the dispute and identifying the relief sought with respect to it. Within twenty (20) days following service of a written demand for arbitration, the parties involved in the dispute shall attempt to reach agreement upon the selection of a qualified impartial arbitrator. If the parties cannot agree upon an arbitrator within twenty (20) days from the date written demand for arbitration is served, the party demanding arbitration may commence an action for the limited purpose of obtaining appointment of an arbitrator by the Presiding Judge of the Superior Court of the State of Washington for King County. The arbitration shall be conducted in accordance with the provisions of the Uniform Arbitration Act, RCW Chapter 7.04A. The arbitrator may grant injunctive or other relief as part of an interim or final award. Any arbitration award may be enforced by judgment entered in the Superior Court of the State of Washington for King County. This Subscriber Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.11. General.
This Subscriber Agreement and the Terms reflect the final and entire agreement between the Company and each subscriber regarding your use of the Website and the Listing Services and supersede all previous and contemporaneous oral or written agreements regarding your use of the Website and Listing Services. We may discontinue or change the Listing Services or their availability to you, at any time without prior notice. This Subscriber Agreement is personal to each subscriber, which means that you may not assign your rights or obligations under this Subscriber Agreement to any third party. No third party is a beneficiary of the Terms or the Subscriber Agreement.12. Limitations on Damages
If it is determined pursuant to arbitration (see Section 10) or pursuant litigation (to the extent allowed under this Agreement) that the Company is liable for any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content or information posted, stored or otherwise transmitted on or through the Website, the subscriber’s use of or inability to use the Website, Services and Listing Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the user content, or the Company’s conduct or violation of this Agreement or the violation of the rights of any third parties, the parties agree that in lieu of any other compensation or payment, and as liquidated damages, and in complete satisfaction of any and all such actions, claims, or liabilities that the claimant may have against the Company, the sole and exclusive remedy and damages available to such claimant shall be limited to the amount of fees actually received by the Company from the subscriber under this Agreement.13. Validity
In case any term of this Agreement shall be determined to be invalid, illegal, or unenforceable, in whole or in part, the validity of any of the other terms of this Agreement shall not in any way be affected thereby.14. Waiver of Breach
The failure of any party hereto to insist upon strict performance of any of the covenants and agreements herein contained, or to exercise any option or right herein conferred, in any one or more instances, shall not be construed to be a waiver or relinquishment of performance of any covenant or agreement, or of any such option or right, but the same shall be and remain in full force and effect.