Unconstipated Kids LLC
Terms and Conditions
Unconstipated Kids LLC (the "Company") provides multiple services through virtual and in person methods through its website ("the Site") and other avenues. The Company will continue to provide free education material, as well as paid content through various forms, including but not limited to: written blog, video blog, physical therapy services, wellness services, community support through private groups, and consultation services. The Company may remove any service or content at any time without notice and will make all reasonable efforts to offer continued content.
Disclaimer
The content produced by the Company is fueled by opinions and thoughts based on professional background and experience in the field of physical therapy. Any information found in the Company's content, services, or its links are not intended to replace medical care from a physician. Free content found through the Company and its website is not intended to create an individual, one-on-one patient-client relationship, nor is it intended to replace formal medical care. A visitor to the Company through any of its free or paid versions (virtual or in person) is responsible for their own wellbeing and outcomes. The Company will not be held responsible for any actions or the consequences of any actions taken by a reader. Paid content and services are rendered to the consumer after request of the consumer, who is therefore in turn responsible their own decisions during and after care. The Company will do their best to assist all consumers of the Company's products and services to achieve positive outcomes, however the Company will not be held liable for any consumer reporting to be dissatisfied with results or to have negative outcomes.
This Company and Content (as defined below) are owned by Unconstipated Kids LLC ("we," "us," or "our") and our licensors. But using the Company, you agree to these Terms and Conditions. If you do not agree to all Terms and Conditions, do not use the Company. We may change the Terms and Conditions at any time without notice, and any changes will be included in the Terms and Conditions posted on the website and the Company. Please check the Terms and Conditions for changes. Your continued use of the Company after the Terms and Conditions have been changed constitutes your acceptance of such changes.
The Company is offered and available to users who are 18 years of age or older. By using this Company, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access nor use the Company.
Nondiscrimination Policy: Our Commitment to Valuing Diversity
It is the policy of the Company to create and maintain a rich environment that values diversity, respects human dignity, is hospitable, equitable and tolerance, and in which all persons are free from all forms of discrimination or discriminatory harassment.
In order to assure all users an appropriate environment, Unconstipated Kids LLC:
- Challenges and requests its consumers to promote a hospitable and equitable learning environment for all persons;
- Asserts that tolerance for diversity shall be the norm for all;
- Discourages the use of derogatory language and other forms of expression, particularly of those based on race, ethnicity, national origin, ancestry, citizenship, religion, creed, sex, sexual orientation, marital status, age, socioeconomic status, disability, or veteran status.
Equal Opportunity and Accessibility
Unconstipated Kids LLC is committed to ensuring accessibility to all who desire to be recipients of the Company's content and resources. If you would like to report an accessibility-related issue, please email info@unconstipatedkids.com/a>. We will review your request and respond in a timely manner.
Accessing the Company's Content and Account Security
We reserve the right to withdraw or amend the Company and its content, and any service or material we provide, at our sole discretion without notice. We will not be liable if for any reason if all or any part of the content is unavailable at any time or for any period. From time to time, we may restrict access to some content, or the entire Company's content, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Company's content.
- Ensuring that all persons who access the company through your internet connection are aware of these Terms and Conditions and comply with them.
To access the Company or some of the resources it offers, you may be asked to provide certain registration details or other information. This includes a separate client portal and HIPAA documentation service through a third-party provider for direct physical therapy services. It is a condition of your use of the Company's services, intellectual content, and products that all the information you provide to the Company and the third-party service is correct, current and complete. You agree that all information you provide to register with the Company, or otherwise, including but not limited to the use of any interactive features on the Company, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided with, a user name, password or any other piece of information as part of our security procedures or through your client portal in the third party provider, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Company or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Any abuse of the Company or its content, including but not limited to abuse of any free content, shall be considered a violation of these Terms and Conditions.
We have the right to disable any user name, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
The Site Does Not Provide Medical Advice
The Site and its content, such as text, graphics, images, software, video, and any other material and all patent, copyright, trademark, trade dress, domain name, trade secret and other proprietary rights relating thereto (collectively the "Content") are owned by us or our licensors and are for your informational purposes only. The Content is not intended to substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Company's Content. Internet sites cannot and do not provide personal advice. The opinions expressed through free Content provided by the Company are for informational purposes only and are not to be considered by you, or anyone, as appropriate or professional, or diagnostic of your condition or situation or to replace or create an individual one-on-one medical relationship. We strongly urge you to personally speak with your physician or other licensed healthcare practitioner to determine if and how the information on the Site pertains to you, if at all.
Call your doctor or 911 immediately for all medical emergencies. Unconstipated Kids LLC does not recommend or endorse any specific tests, products, procedures, opinions, or other information found on the Company. Use of the Company's website is solely at your own risk.
Use of Content
Unconstipated Kids LLC authorizes all members to view or download Content on the Site solely for individual/personal use only. All other reproduction or distribution is strictly prohibited without prior written consent from Unconstipated Kids LLC.
All Content of the Company is protected by intellectual property laws under USA and foreign laws. Title to the Content remains with Unconstipated Kids LLC or its licensors. Any use of the Content not expressly permitted herein is a breach of these Terms and Conditions and may violate applicable intellectual property and other laws. Content and written features on the Company's website may change without notice. All rights not expressly granted herein are reserved by Unconstipated Kids LLC and its licensors.
You acquire no ownership rights in the Content by downloading copyrighted material.
You Use the Site and the Content at Your Own Risk
When using the Company's website, information is transmitted over a medium (the internet) which is beyond the control and jurisdiction of Unconstipated Kids LLC and its suppliers, partners, presenters, authors and content providers. Accordingly, Unconstipated Kids LLC and its suppliers, partners, presenters, authors and content providers assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Company and its website. We do not make warranties or representations regarding the security of the Company's website, the Content or Submissions (as defined below). Data sent over the internet may be intercepted by third parties; if you are concerned about the security of your data, you should not send it over the internet. You are responsible for maintaining the confidentiality of your user ID and password that was assigned by us, and you are responsible for all uses of them, regardless of whether the uses were authorized by you.
You may not assign or delegate your rights or obligations pursuant to your membership, including but not limited to your login information, without the prior written consent from Unconstipated Kids LLC, provided that such consent shall not be unreasonably withheld. Unconstipated Kids LLC may freely assign or transfer any or all of its rights under these Terms and Conditions to an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any assignment or delegation in violation of this section shall be void.
Unconstipated Kids LLC will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Company's website or any services or items obtained through the Company or to downloading of any material posted on it, or on any website linked to it.
The site and the Content are provided to you on an "as is" an "as available" basis without warranty of any kind either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, reliability, completeness, timeliness and non-infringement. We make no representations or warranties that use of the site or the content will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain is free of viruses or any other harmful components.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
In no event shall Unconstipated Kids LLC, its licensors, its suppliers, partners, presenters, authors, content providers, or any other third parties be liable for any damages (including, without limitation, incidental and consequential damages, personal injury or wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Company, the Site, or its Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Unconstipated Kids LLC is advised of the possibility of such damages.
You acknowledge that our entire liability (and that of our third-party providers) under these terms and conditions, or any matter relating to these terms and conditions, regardless of the form of any claim or action or theory of liability (including contract, tort, or warranty) shall not exceed one hundred dollars ($100) and that amount shall be in lieu of all other remedies which you may have against us and any third-party providers and our and their respective affiliates.
Content Submissions
You agree that you will not upload or transmit any communications or content of any type to the Company's website ("Submissions") that infringe or violate any rights of any party. By submitting Submissions to any part of the Company's website, you agree that you have the right to submit the Submission, and such Submission is non-confidential for all purposes. If you make any such Submission, you represent and warrant that you are the owner of the Submission or you otherwise have permission to make the Submission, and you grant to Unconstipated Kids LLC, a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed on the Site or other sites owned by Unconstipated Kids LLC.
Public Areas
If you use one of the areas of the Site that permit you and others to post communications, such as course ratings and evaluations, discussion forums, social media postings, user profiles, professional network and live events/classroom messaging ("Public Areas"), you are solely responsible for your own Submissions, the consequences of posting those Submissions, and your reliance on any communications found in the Public Areas. Unconstipated Kids LLC is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Public Areas and submit Submissions, you agree that your failure to comply with any of the following will constitute a material breach of these Terms and Conditions: you will not use a Public Area for any purpose in violation of local, state, national, or international laws; you will not post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; you will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity; you will not post advertisements or solicitations of business or post chain letters or pyramid schemes; you will not impersonate others, distribute viruses or other harmful computer code, or harvest or otherwise collect information about others (including email addresses, without their consent); you will not allow other persons or entities to use your identification for posting or viewing comments; you will not post the same note more than once or engage in any form of "spamming"; and you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site.
You acknowledge that we do not ordinarily monitor Submissions or the Public Area, and we reserve the right to refuse to accept or to remove any Submission that is, in our sole discretion, unacceptable and to disclose Submissions to law enforcement agencies or authorities who may investigate reports of misuse or abuse of the Company's content, website or the Content.
Copyright
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the Company's website in a way that constitutes copyright infringement, please contact us at info@unconstipatedkids.com
Advertisements and Links to Other Sites
Unconstipated Kids LLC does not endorse the content on any third-party websites. Unconstipated Kids LLC cannot be and is not responsible for the content of linked third-party sites, sites framed within the Company's website, its Content, or third-party advertisements, and does not make any representations regarding their content or accuracy. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Indemnity
By using the Company's website, you agree to defend, indemnify, and hold Unconstipated Kids LLC, its suppliers and licensors, and their respective officers, directors, authors, presenters, employees, contributors, agents, licensors, corporate partners, advisors and advisory board, 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, the Submissions, job postings, and/or any use of or problem related to the Company's website or its Content.
Jurisdiction
These Terms and Conditions and all transactions contemplated by these Terms and Conditions shall be governed by, and construed and enforced in accordance with, the laws of the state of Texas, without regard to principles of conflicts of laws. Each party agrees that a substantial portion of the anticipated performance of these Terms and Conditions occurred or shall occur in Harris County, Texas. Any civil action or legal proceeding arising out of or relating to these Terms and Conditions shall be brought in the courts of record of the State of Texas in Harris County. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding in such court. Service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Except for claims arising from your misuse of the Company, its website or the Content, or claims arising from the Submissions, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Content or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver and Severability
Our waiver of any term or condition set forth in these Terms and Conditions shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Payments, Taxes, and Refund Policy
Unconstipated Kids LLC accepts these forms of payment: Credit cards in the form of Visa, MasterCard, American Express, and Discover. In-person or virtual physical therapy services may additionally be paid for with the use of payment apps (including but not limited to Paypal or Zelle) at the discretion of the provider. Billing occurs at the time of or shortly after your transaction. Invoice resolution and payment must occur prior to services or content is provided, unless specifically agreed upon with the provider.
You agree that you will pay for all products and services you purchase through Unconstipated Kids LLC, and that Unconstipated Kids LLC may charge your credit card for any products and services purchased through the Company's website and for any additional amounts (including any taxes and fees, as applicable) that may be accrued by or in connection with your purchases. You are responsible for the timely payment of all fees and for providing Unconstipated Kids LLC with payment of all fees. All fees will be billed to the credit card account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card account status, you must change your information online in the client portal of the third party utilized by Unconstipated Kids LLC and account through your login information assigned to you at time of registration. Refunds are not available for any services or Content at any time, no matter the purchase date, service date, or if paid content had not yet been viewed. All sales are final; exceptions may be made on a case-by-case basis at the discretion of Unconstipated Kids LLC.
Your total price will include the price of the products and services purchased plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the products and services. We will charge tax only in states where digital goods are taxable. All currencies denoted are in USD.
Membership Content and Products Will Automatically Renew
Unconstipated Kids LLC offers membership products and access, including but not limited to: a private Facebook membership community group. You will automatically be renewed at the end of the membership term unless: (1) you request to turn off the auto-renew feature prior to the expiration date of your then existing membership. NO REFUND will be given, in whole or in part, after payment has been collected at the start of the next membership term. Your access to the membership-based features will continue only for the remainder of the renewed membership term. To cancel your membership renewal, please cancel your membership option through your individual client portal.
Prices for products and services offered by Unconstipated Kids LLC may change at any time. Unconstipated Kids LLC does not provide price protection or refunds in the event of a price reduction or promotional offering.
Complete Agreement
Except as expressly provided in a particular "legal notice" on the Company's website, these Terms and Conditions and the Company's then-current Privacy Policy, which is incorporated by reference and made a part hereof, constitute the entire agreement between you and Unconstipated Kids LLC.
Contact Us
If you have Company questions, comments, or concerns, please email info@unconstipatedkids.com. Please include details of your questions, comments or concerns and your complete name and contact information.
Thank you.
