TERMS AND CONDITIONS
THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.
On the Website, you may purchase information products, such as Weaning Night Feedings, Daily Schedules and Developmental Activities, and 21 Days to Peace & Quiet or Naps: Getting Downtime in the Daytime (“Products”).
If you are not satisfied with your purchase of either 21 Days to Peace & Quiet or Naps: Getting Downtime in the Daytime from Baby Sleep Made Simple, we will provide a full refund within 30 days of the original purchase. We recommend contacting us for assistance if you experience any issues receiving, viewing, understanding or downloading our products. Jilly is always happy to assist.
REGISTRATION & RESTRICTED ACCESS
Access to certain areas of the Website may be restricted. Company reserves the right to restrict areas of the Website at its sole discretion.
Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password (“User Account”). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify Company immediately at firstname.lastname@example.org. Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.
Company reserves the right to modify methods for registration and access levels of registered users from time to time.
LICENSE FOR USE OF PRODUCTS
All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Products. When you purchase any of the Products, you agree that you will not use any information you gain from the Products to create any product or service, whether offered for commercial or personal use, without express written consent of the Company. All inquiries for use of Company intellectual property must be submitted to email@example.com. Company reserves the right to seek equitable and compensatory relief for any violation of this term.
Company has made every effort to ensure that all information on the Website has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Company.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
Jilly Blankenship is a licensed Registered Nurse. Nothing presented on the Website creates a professional-patient relationship between you and Jilly Blankenship.
MEDICAL INFORMATION DISCLAIMER
From time to time, the Website may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Website is provided “as is” without any representations or warranties, express or implied.
You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website. All medical information on the Website is for informational purposes only.
PARENTING INFORMATION DISCLAIMER
All information on the Website is for informational purposes only and is not a replacement for medical advice from a physician or your pediatrician. The information on the Websites does not replace the relationship between physician/therapist and client in a one-on-one treatment session with an individualized treatment plan based on their professional evaluation. The information provided on the Website is provided “as is” without any representations or warranties, express or implied.
Do not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website. All medical information on the Website is for informational purposes only.
All information provided regarding nutrition on the Website is intended to be used for informational purposes only. Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Website is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, or making changes to the diet of a child in your care, including following the nutrition information available on the Website, you should seek advice from a licensed professional.
We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available on the Website.
The Food and Drug Administration has not evaluated the statements contained in any information on the Website. Individual results may vary.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on the Website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.
You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Company’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Company’s express written permission.
All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company’s intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Certain of the names, logos, and other materials displayed on the Website constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and You agree not to make any claims or assertions of any other party’s ownership of Company IP.
“Baby Sleep Made Simple” is a trademark of Company and is protected by United States trademark law. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company.
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Baby Solutions LLC DBA Baby Sleep Made Simple, https://www.babysleepmadesimple.com/, or the experts featured on the Website.
From time to time, the Website will legally utilize trademarks owned by third parties related to Company’s services. These trademarks are the respective property of their owners.
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for site to earn advertising fees by advertising and links to Amazon.com. As an Amazon Associate, the Company earns from qualifying purchases. This program utilizes cookies to track for the purposes of assigning commission on these sales.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website, you represent that you have the right to grant these permissions for use of such content by Website, Company and Company’s sublicensees.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or Company;
- hate speech;
- defamatory to Company or any third party;
- reference illegal acts; or,
- violate the legal rights of a third party.
Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to firstname.lastname@example.org and we will remove the image within 24 to 48 hours.
If you send Company an email, register to use the Website or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. You understand that Company does not perform psychological testing or background checks on the individuals who may use the Website or Company’s services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Website or services provided on the Website. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at email@example.com and we will use our best efforts to promptly remove such information from our records.
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, or the information and materials provided therein.
Company makes no warranty the Website will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
firstname.lastname@example.org for Company and to your email address.
Last updated: August 7, 2020.
#12DaysOfGiveaways Sweepstakes Rules
- Eligibility: The Baby Sleep Made Simple #12DaysOfGiveaway is open to legal residents of the United States who enter at https://www.instagram.com/babysleepmadesimple. Entrants must be 18 years of age or older as of their date of entry in this promotion in order to qualify. This giveaway is subject to federal, state, and local laws and regulations and void where prohibited by law. Baby Sleep Made Simple’s employees, its subsidiaries, affiliates, suppliers, partners, advertising and promotion agencies, and directors (collectively the “Employees”), as well as members of an Employees’ immediate family and/or those living in the same household of Employees are ineligible to participate in the Baby Sleep Made Simple #12DaysOfGiveaway.
- Sponsorship. The sponsor is Baby Sleep Made Simple (“Sponsor”). Sponsor will conduct the sweepstakes substantially as described in these Official Rules.
- Agreement to Rules: By entering this Sweepstakes, the Entrant (“You”) agrees to abide by the Sponsor’s Official Rules and decisions, which are fully and unconditionally binding in all respects. The Sponsor reserve the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering this Sweepstakes the You represents and warrants that You are eligible to participate based on eligibility requirements explained in the Official Rules. You also agree to accept the decisions of the Sponsor as final and binding as it relates to the content of this Baby Sleep Made Simple #12DaysOfGiveaway Sweepstakes.
- Baby Sleep Made Simple #12DaysOfGiveaway Sweepstakes Entry Period: This promotion begins on Saturday December 12, 2020 at 10am ET and ends on December 23, 2020 at 11:59pm ET (“Entry Period”). To be eligible for the Sweepstakes, entries must be received within the specified Entry Period.
- How to Enter: Eligible entrants can enter The Sweepstakes by going to https://www.instagram.com/babysleepmadesimple/ Entrants must (1) follow the Baby Sleep Made Simple Instagram Account, (2) like the post of the item they would like to win (3) tag a friend in the comments. Each additional comment counts as an entry as long as each comment has a unique account tagged in the comment. Participants can enter as many times as they like and as many days as they like. You must complete the above action for each prize you would like to be entered to win.
Tagging brands, bots or spam accounts will disqualify you from the sweepstakes and the comments will be removed. Sponsor holds the right to remove any comments deemed inappropriate. As a participant, your entry must fully meet all Sweepstakes requirements, as specified in the Official Rules, in order to be eligible to win a prize. Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Sponsor’s sole discretion.
Limit to one prize per household.
Fraudulent methods of entry or circumvention of the rules may result in the Sponsor invalidating your entries and removing them from the Sweepstakes at the Sponsor’s sole discretion.
- Prizes: The Winner(s) of the Baby Sleep Made Simple #12DaysOfGiveaway Sweepstakes (the “Winner”) will receive one of 12 prizes. The actual/appraised prize value may differ at the time the prize is awarded. The prize(s) shall be determined solely by the Sponsor. There shall be no cash or other prize substitution permitted except at the Sponsor’s discretion. The prize is non-transferable. The prize is non-transferable. The Winner, upon acceptance of the prize, is solely responsible for all expenses related to the prize, including without limitation any and all local, state, and federal taxes. The Winner shall not transfer assignment of the prize to others nor shall the Winner request the cash equivalent or prize substitution. By accepting the prize, the selected Winner grants permission for the Sponsor to use the Winner’s likeness, entry, and name for purposes of advertising and trade without further compensation unless prohibited by law.
Day 1 prize: $50 gift card to Tealbee
Day 2 prize: Blooming Baby Bath Lotus and $50 gift card to Tubby Todd
Day 3 prize: Simka Rose Plate and Solid Starts Digital Guide
Day 4 prize: COOP Toddler Pillow
Day 5 prize: Snoofybee Mint Arrow Changing Pad
Day 6 prize Snuggy Buddy Sleep Sack and Baby Sleep Made Simple Naps program
Day 7 prize: pinkStork Nursing Bundle
Day 8 prize: Merlin Dream Sack and 21 Days to Peace and Quiet Essential Package
Day 9 prize: Baby’s Brew Bottle Warmer
Day 10 prize: First Aid Kit and Thrive Training Institutes CPR Course.
Day 11 prize: $75 Gift Card for Slumberkins
Day 12 prize: SnoozeShade for Pack n Plays
- Odds: The total number of eligible entries received determines the odds of winning.
- Selection and Notification of Winner: The Winner will be selected by a random drawing, under the supervision of the Sponsor on December 24, 2020. The Sponsor will notify the Winner(s) on Instagram within ten days following Winner selection. The Sponsor is not responsible for nor shall have no liability for Winner’s failure to receive notices due to email security settings that may cause notifications to be marked as spam or junk email. Nor shall be Sponsor be liable for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner 1) fails to claim the prize within 10 days from the time the award notification was sent, 2) is found ineligible, or 3) does not complete and return an executed declaration and release within the specified timeframe, the prize may be forfeited and an alternate Winner may be selected. Receipt of the prize offered in the Baby Sleep Made Simple #12DaysOfGiveaway Sweepstakes by the Winner is upon the condition of compliance with any and all federal, state, and local laws and regulations. IF THE WINNER VIOLATES ANY OF THESE OFFICIAL RULES, THE WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By submitting an entry into this Sweepstakes, You understand and agree that the Sponsor, any individual acting on the Sponsor’s behalf, and the licensees successors, and assigns of the Sponsor shall, where permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your submission, name, photo, portrait, voice, likeness, image, statements about the Baby Sleep Made Simple #12DaysOfGiveaway Sweepstakes, and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration.
- Terms & Conditions: In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate the Baby Sleep Made Simple #12DaysOfGiveaway Sweepstakes should non-authorized human intervention, a bug or virus, fraud, or other causes beyond the Sponsor’s control, impact or corrupt the security, fairness, proper conduct, or administration of the Baby Sleep Made Simple #12DaysOfGiveaway Sweepstakes. The Sponsor, in the event of any of the above issues, may determine the Winner based on all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. Individuals who tamper with or attempt to tamper with the operation or entry process of the Sweepstakes or website or violates these Terms & Conditions will be disqualified by the Sponsor in its sole discretion. In its sole discretion, the Sponsor has the right to maintain the integrity of the Baby Sleep Made Simple #12DaysOfGiveaway Sweepstakes, to void votes for any reason, including, but not limited to: [identify any disallowed entry methods that will result in votes/entries being voided; examples: multiple entries from the same user; multiple entries from the same computer beyond the number allowed by the Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering.] Attempts by any entrant to deliberately damage any website or undermine the legitimate operation of the Baby Sleep Made Simple #12DaysOfGiveaway Sweepstakes may be a violation of criminal and civil laws. If any such attempt is made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability: Your entry into this Sweepstakes constitutes Your agreement to release and hold harmless the Sponsor and its subsidiaries, representatives, affiliates, partners, advertising and promotion agencies, successors, agents, assigns, directors, employees, and officers against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages that may occur, directly or indirectly from participation in the Sweepstakes and/or the 1) Winner accepting, possessing, using, or misusing of any awarded prize or any portion thereof; 2) any type of technical failure; 3) the unavailability or inaccessibility of any transmissions, phone, or Internet service; 4) unauthorized intervention in any part of the entry process or the Promotion; 5) electronic error or human error in the Promotion administration or the processing of entries.
- Disputes: THIS Sweepstakes IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND LOUISIANA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. The Entrant agrees, as a condition of participating in this promotion, that if any disputes cannot be resolved between the Entrant and the Sponsor, and if causes of action arise out of or are connected with this Sweepstakes, they shall be individually resolved exclusively before a court located in [your state or province] having jurisdiction, without resorting to any form of class action. Under no circumstances in any such dispute shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes). The participant waives all rights to have damages multiplied or increased.
- Winners List: You may obtain a copy of the Winner’s name(s) or a copy of these Official Rules, by sending your request via email to email@example.com
- The Sweepstakes hosted by Baby Sleep Made Simple is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram or any other website or brand.