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Terms of Use

 

TERMS OF USE

 

THESE TERMS OF USE (these "Terms") are a legally binding agreement between NEWBLESSINGS LLC, a Kansas limited liability company (referred to in these Terms as the "Company", "we", "our", "us" and similar terms) and each person who agrees to these Terms (referred to as "you" and similar terms).

 

These Terms apply to www.newblessings.com (the "Site") and all other sites, services and tools, including, without limitation, the content contained therein, the Services (as defined below), and all current or future related mobile applications, web applications and technology platforms that the Company may provide to you in connection with your use of the Site or the Services (collectively, the "Platform").

 

BY USING THE PLATFORM, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE IMMEDIATELY DISCONTINUE USE OF THE PLATFORM.

 

  • The Platform. The Platform is an online subscription-based platform designed to provide general pediatric health education and such other services as the Company makes available through the Platform from time-to-time (collectively, the "Services"). Through the Platform, you gain access to a curated collection of video-based tutorials with education on general pediatric health and wellness, including, without limitation, the stages of pregnancy, newborn care and development, and early parenthood.

 

THE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NOTHING CONTAINED IN THE PLATFORM SHOULD BE CONSTRUED AS MEDICAL ADVICE OR DIAGNOSIS. THE CONTENT SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICAL CONSULTATION, EVALUATION OR TREATMENT.

 

  • Subscription. In order to access the Platform and use the Services, you or an Account Holder who has designated you as an Authorized User must purchase a paid subscription from the Company (each, a "Subscription"). The term "User" shall mean each person who uses the Services. The term "Account Holder" shall mean each person who has registered or purchased a Subscription from the Company. If we cease to offer any Subscription, you will have access to the Platform through the end of the current Subscription term, at which time we will offer you a new Subscription (including the applicable Subscription Fees (as defined below)) that your Subscription may be converted to. If you do not want to be subscribed to the Subscription we designate, then your only recourse is to change such Subscription to a different Subscription that will still be offered after the conversion (subject to the applicable terms and Subscription Fees of the Subscription you select), or you may terminate your Subscription. You will only be entitled to the features and functionality of your then-current Subscription.

 

  • Change to the Services. We may change the Services at any time without notice to you, except as expressly provided in this Agreement. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice. We may also from time to time, as we see fit, develop and provide updates for certain Services or aspects of the Services ("Updates"). Some features of the Services may not properly operate if you do not install all Updates on your mobile or other device, if applicable. These Updates may include updated versions of our applications, which may automatically electronically upgrade the versions used on your devices. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of these Terms) will apply to any and all Updates to the Services. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services.

 

  • Pricing and Payment. The amount we charge, if any, for the applicable Subscription (the "Subscription Fees") will be based upon the Subscription that you selected when you created your User Account, or such other Subscription as you choose from time-to-time, to the extent such functionality is provided through the Services. Subscription Fees shall be due as set forth on the Site, unless otherwise indicated when you selected your then-current Subscription. We may provide you the ability to modify your Subscription from time-to-time. All payments will be made using the credit card information or other payment information you provided to us when subscribing to the Services. You agree to keep your payment information accurate and up to date.

 

  • Modification of Subscription Fees. We may modify the Subscription Fees at any time by providing written notice to you; provided however, that such increase will not take effect for at least thirty (30) days after we provide written notice to you, by emailing you using the email address you provided to us most recently in your User Account profile, or by posting the change on the Services.

 

  • Authorized Users. Except as set forth herein, your user account ("Account") on the Platform is for your use only. Depending upon the applicable Subscription, an Account Holder may authorize multiple users under the Subscription (collectively, "Authorized Users"). If you create a User Account for another individual, you agree that you have the permission of the applicable individual(s) to provide their information to use and agree to these Terms on their behalf. The Account Holder and any Authorized Users shall be jointly and severally liable for and obligated to pay all Subscription Fees for the applicable Subscription and all other amounts incurred through the Services by or on behalf of Authorized Users in connection with your Subscription. You agree to immediately notify us if you become aware of any unauthorized use of your Account.

 

  • License. The Company grants you a limited, personal, non-exclusive, non-assignable, non-commercial, and non-sublicensable license to access the Platform and utilize the Services for the sole purpose of using and enjoying the Services in the manner provided by these Terms. You agree that the Company has not granted you any implied or non-express right or license not expressly set out in these Terms. This Site is only for use by persons eighteen (18) years of age or older.  If you are not at least eighteen (18), you may not use this Site.

 

  1. You agree not to copy, prepare derivative works based on, use for competitive purposes (including in connection with the preparation of, planning for, development of, or in any way related to the operation, marketing, development, deployment, or sale competing services or products), reverse engineer, or attempt to duplicate the Services, in whole or in part.  You certify that you are using the Services for its intended purpose and not for any other purpose.  You agree not to data mine, scrape, fusker, or otherwise attempt to employ any process or technique, automated or manual, to extract information or content from the Platform or the Services.

 

  1. All aspects of the Platform and the Services, including all aspects of its presentation and all of its underlying code, including, but not limited to, their design, organization, structure, selection, coordination, expression, "look and feel," and arrangement are controlled, owned or licensed by or to the Company, and are protected by law.  No part of the Services may be used in any manner not expressly authorized by these Terms. No part of the Services may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed without the Company's express prior written consent.

 

  • Copyrights, Trademarks and Patents. As defined below, Intellectual Property, owned or licensed by us or third parties are incorporated into or displayed on the Site. You agree that you do not own or have any right to use the Intellectual Property, except as expressly permitted in these Terms of Use. Without limiting this restriction, you agree that you will not use the Intellectual Property in a way that would confuse consumers or violate the rights of the owners of the Intellectual Property owner, and that, unless expressly permitted by these Terms of Use, you will not use the Intellectual Property for any commercial purpose. You agree that you will not make any comment on the Site that could disparage or damage any Intellectual Property or Intellectual Property owner. "Intellectual Property" means all intellectual property, including, without limitation, all Trademarks, Copyrights and patents. "Copyrights" means all content included in or made available through the Site, including, without limitation, logos, text, graphics, button icons, images, multimedia content, and data compilations. "Trademarks" means all trademarks, service marks and trade dress, including, without limitation, all graphics, logos, product and service names and page headers.

 

  • Privacy and Policies. Your use of the Platform is subject to our Privacy Policy on the Site. Your use of the Platform is subject to all policies that we make available thereto, and all other policies that we provide to you from time-to-time by posting such policies on the Platform (collectively, the "Policies"). You agree that the Policies are a part of these Terms. We may modify the Policies at any time in the same manner as we may modify the rest of these Terms.

 

  • Modification of these Terms. We may modify these Terms at any time by providing you a modified copy of these Terms by email or by posting them on the Platform. The modified Terms will be effective when provided to you, unless we specify a later date. If you do not agree to the modified Terms, your only option is to stop using the Services after the effective date of the modified Terms. Your continued use of the Platform after the effective date of the modified Terms will be your affirmative agreement to the modified Terms. These Terms may only be modified as provided in this Section.

 

  • Subscription Termination. The Account Holder may terminate the applicable Subscription at any time, effective at the end of the current Subscription term.

 

  • Company Right to Suspend or Termination Your Account. We reserve the right to suspend, restrict or terminate any User Account at any time and without notice if we, in our sole discretion, suspect that you violated these Terms; violated any law or third-party agreement; or committed any other act which the Company, in its sole discretion, considers to be detrimental to or inappropriate for the Services. When an account is terminated, we may, in our sole discretion, also remove and dispose of any or all of your content. You agree that if you, through your use of the Services, appear to have infringed another's intellectual property rights, we may terminate your User Account and remove your Content. You agree that these provisions apply even if you have purchased a Subscription, and that you will not be entitled to claim a refund of any portion of your Subscription Fees in the event of suspension or termination for suspected violation of law, breach of a third-party agreement, or breach of these Terms. Our rights to terminate or suspend User Accounts under this Section extend to all Authorized Users under the applicable Subscription, even if only one Authorized User committed the action in question.

 

  • Post-Termination Access. Upon termination or cancellation of your User Account, by us or by you, you will no longer have access to the Platform, your User Account, or the Services. We reserve the right to permanently erase all of your data or content at any time after your account is terminated; furthermore, we reserve the right to retain content posted on the Platform for such time as we choose.

 

  • Communications. By becoming a User, you agree to receive communications from us, including via e-mail. Communications from us may include but are not limited to: operational communications concerning your User Account or use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning the Company and industry developments. You may opt out of receiving promotional emails by following the unsubscribe options in the promotional email itself.

 

  • Mobile Communications. By downloading or using any future mobile application, you expressly agree that we may communicate with you regarding transactions you have initiated on the Services. You also agree that we may respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us.  Your phone company's normal messaging, data, and other rates and fees will still apply.

 

  • Mobile Services. To use or access the Services, you will need a compatible device. We cannot guarantee that the applications will be compatible with, or available on, your device. You may need to pay some third party fees to use some or all of the Services. Also, your phone company's normal messaging, data, and other rates and fees will still apply.

 

  • Mobile License. If we offer any mobile or other downloadable applications from time-to-time, we hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our applications downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes, subject to any applicable additional terms of use we, or the applicable marketplace may require at such time. With respect to any open source or third-party code that may be incorporated in the applications, such open-source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of that code.

 

  • Acceptable Use. You agree that you will use the Platform and the Services only in a manner that complies with and does not violate any local, state, or federal laws. You acknowledge that you may not use the Platform or the Services in any way that: (i) harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (ii) is harmful, unlawful, threatening, abusive, harassing, defamatory, libelous, invasive of any other person's privacy, obscene, pornographic, offensive, or exploits a minor in any way; (iii) solicits any personal information from any person who is a minor; (iv) includes personal or identifying information about another person without that person's explicit consent; (v) impersonates any person, organization, association or any other entity, or falsely states or otherwise misrepresents your affiliation with another person or entity; (vi) is false, deceptive, misleading, deceitful, or in any way misrepresents the truth of any matter; (vii) constitutes or encourages the commission of any criminal offense, or that provides instructional information about any illegal activity, including but not limited to making weapons, explosives, drugs, or computer viruses; (viii) constitutes conduct that would give rise to civil liability or otherwise violate any law; (ix) violates, plagiarizes, or infringes our rights or the rights of third parties, including but not limited to copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (x) violates any law or contractual relationship to which you are subject; (xi) transmits software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment; (xii) restricts or inhibits any other User from accessing or using the Services, whether by damaging, disabling, overburdening, impairing, or interfering with the functionality or quality of the Services in any manner; (xiii) uses any robot, spider, crawler, scraper or other automated means not expressly authorized by us to access the Platform; (xiv) circumvents or attempts to circumvent any measure designed to protect the Services, or third parties; or (xv) exports or otherwise transmits or accesses the Services outside of the United States.

 

  • Disclaimers. The following disclaimers are made on behalf of the Company, our affiliates, subsidiaries, parents, successors and assigns, and each of our and their respective officers, directors, employees, agents, members and other owners. The Services are provided on an "as is" basis, without warranty of any kind, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose or other warranties, conditions, guarantees or representations, whether express or implied. We do not guarantee and do not promise any specific results from use of the Services or the contents thereof, including currentness of information contained on the Platform and the ability to provide or access the Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We do not warrant that your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements or the requirements of any third party, that any defects in the Services will be corrected, or that the Services is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, interoperability with any system, connectivity or availability of the Services. We expressly disclaim all liability arising from the unauthorized use of your User Account.

 

  • Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE OR OUR EMPLOYEES, DIRECTORS OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.  THE LIABILITIES LIMITED BY THIS SECTION APPLY (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF YOU CONTINUE USING THE SITE, YOU ACKNOWLEDGE, BY YOUR CONTINUED USE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF OUR BARGAIN WITH YOU.  APPLICABLE LAW MAY LIMIT THE APPLICATION OF THIS PROVISION AND YOU MAY BE ENTITLED TO ADDITIONAL RIGHTS.  IF APPLICABLE LAW LIMITS THE APPLICATION OF THIS SECTION, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. The Services provided by us, including, without limitation, any recommendations, should not be construed in any way to constitute legal advice, medical advice or patient care. The decision to implement any or all recommendations shall be the responsibility of you, and you should consult with your own medical provider regarding the advisability of implementing the same. 

 

  • Assumption of Risk. You acknowledge and agree that rendering first aid may expose you, the recipient of first aid or a third party to many inherent risks, including, without limitation, accidents, damages, destruction, injury, illness and even death. YOU HEREBY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH RENDERING FIRST AID. The Company shall not be responsible or be held liable for any injury or damage to persons or property resulting from the use, misuse, or failure of the Services by you.

 

  • Indemnification. To the fullest extent permitted under applicable law, you hereby hold us and our officers, directors, beneficial owners, agents, employees and representatives, and any related or affiliated companies or persons and their respective officers, directors, beneficial owners, agents, employees and representatives, harmless from all liabilities, including but not limited to any direct, indirect, consequential or punitive damages arising out of or relating to your access to or use of the Services, any liability for damage or injury to any person's property, injury to a person or death, any claim based on any inclusion or omission in the Services, any claim based on our procurement, compilation or delivery of the Services on this website, any claim based on any errors, omissions or inaccuracies in the Services or the delivery of the Services, regardless of how caused, any claim based on delays, interruptions or incompleteness in the Company, and any claim based on any action or inaction or decision made arising out of, relating to or relying upon the Services, including, without limitation, any claims arising from misuse, third-party reliance or claims brought on behalf of any minor.

 

  • Consent and Ratification. You represent and acknowledge that you have absolute authority to bind, contract for and legally act on behalf of your minor and have the legal authority to make the waivers and releases contained herein.

 

  • Confidentiality. You agree not to use and not to disclose any Confidential Information. "Confidential Information" means all technical, financial, strategic and other proprietary information relating to the Services, our business, operations and properties that we disclose to you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain.

 

  • Governing Law; Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Kansas. Any legal action brought to enforce or construe these Terms shall be brought in the courts located in Sedgwick County, Kansas, and the parties hereby agree to the jurisdiction of such courts and agree that they will not invoke the doctrine of forum non conveniens or other similar defenses.

 

  • Waiver of Jury Trial; Class Action Waiver. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, COUNTERCLAIMS REGARDING SUCH DISPUTES, AND OTHER CHALLENGES TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT.  THE WAIVER IN THE PRECEDING SENTENCE APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY. You agree that all proceedings must be brought in an individual capacity. No class, collective, representative or consolidated actions are permitted.

 

  • Force Majeure. The Company shall be relieved of its obligations under these Terms if the performance hereof is delayed, prevented, or interrupted by any cause beyond the Company's reasonable control, including, but not limited to, acts of God, pandemics or epidemics, natural disaster, blackouts, internet outage, hosting failure, public health emergency, or any acts or orders of any governmental authority.

 

  • Entire Agreement. These Terms, the Policies, and any separate written agreement, if any, that we enter into with the applicable Account Holder constitute the entire agreement and understanding between the parties with respect to its subject matter.

 

  • Relationship of the Parties. These Terms do not constitute either party as the partner, joint venturer, employee, agent or legal representative of the other party for any purpose whatsoever. Neither party has granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of the other party or to bind the other party in any manner. At all times, each party, in fulfilling its obligations under these Terms, shall be acting as an independent contractor with respect to the other party.

 

  • Waivers. No failure or delay in exercising any right, power or privilege under these terms shall operate as a waiver. No single or partial exercise of a right, power or privilege shall prevent its future exercise. No waiver of any right or remedy shall be effective unless contained in a writing signed by the waiving party. A waiver in one circumstance shall not constitute a waiver for any other circumstance.

 

  • Severability. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable (a "Severed Provision") the Severed Provision shall be deleted from these Terms and all other provisions of these Terms shall remain in full force and effect. Each Severed Provision shall immediately be replaced by a provision as near in terms as possible under the law to the Severed Provision, so as to give full force and effect, as near as possible to the original intent of the parties.

 

  • Assignment. We may assign these Terms to an affiliate, or in connection with the sale of any of our assets. You may not assign these Terms or any right hereunder without our written consent, which we may withhold in our sole discretion. Any assignment in violation of this provision shall be deemed null and void.

 

  • Notices. All notices or demands by any party to this Agreement shall be in writing to the other party at such address as the other party may designate from time to time for the receipt of such notice.

 

  • Procedure and Notice for Intellectual Property Infringement Claims. Pursuant to the Digital Millenium Copyright Act (DMCA), copyright holders who believe that their rights are being infringed by content appearing on the Platform should notify our Designated Agent (defined below). If properly notified, we will promptly remove materials from the Site.

 

Our Designated Agent under the DMCA is:

 

NewBlessings LLC

2250 N Rock Rd Ste 118 PMB 199

Wichita, KS 67226

 

Email: [[email protected]]



  1. Procedure for Notice. If you are a copyright holder who believes their rights are being infringed by content appearing on the Platform, please provide us with written notice of the information below. You may submit this information via email to our Copyright Agent above.

 

  1. Your full legal name, mailing address, telephone number(s), and email address.

 

  1. The identity of the copyrighted materials that you believe are being infringed. Be sure to include sufficient detail for us to identify the work(s), such as the URL of a page containing the material. If you believe multiple works are being infringed, you can provide a representative list of those works (including, for example: title, author, any registration or tracking number, and URL).

 

  1. Enough detail for us to locate and remove the material you believe is infringing your works, including at least the URL to the page containing those materials, or a screenshot of the page showing the material and the URL.

 

  1. Your notice also needs to include the following statements:

 

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

 

"I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

 

  1. An electronic or physical signature of the copyright holder.

 

  1. Procedure for Counter-Notice. If you are a user who believes your content has been removed by mistake, please provide us with a written counter-notification containing the following information:

 

  1. Identification of the removed or disabled material, as well as its location or URL at the time it was removed or disabled.

 

  1. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question.

 

  1. Your name, address, and telephone number.

 

  1. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.

 

  1. Your physical or electronic signature.

 

  1. Repeat Infringer Policy. We will terminate a user's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to the Company.

 

  • Use and Geographic Scope. The Site is intended for use by individuals in the United States. The Company makes no representations or warranties that the Site, the contents therein or the terms herein are compliant with use in other jurisdictions. Your access to the Site is prohibited from any jurisdiction outside of the United States where such access is otherwise restricted. Any access to the Site from outside of the United States by you will be at your own risk and you are responsible for complying with all applicable local laws and regulations. By using the Site, you acknowledge and agree that your information will be used in and subject to all local, state and federal laws of the United States governing data protection. We do not knowingly target or collect data from users located in the European Economic Area, the United Kingdom or Switzerland, and have no intention of being subject to the General Data Protection Regulation (GDPR).