Terms and Conditions

Welcome to calmmother.com! If you have questions regarding this website, please contact us at info@calmmother.com. Your feedback is welcome and appreciated. 

Below are the general terms and conditions that govern your use of this website and our services. Please read them carefully before accessing, using or signing up for this website, our newsletter or any other services we offer. By accessing, browsing and/or using this Website, you agree to accept and abide by these Terms and Conditions. If you do not agree to accept and abide by these Terms and Conditions, please do not access or use this website.

Introduction

Calmmother.com, and the content, information, products and services it makes available (collectively, calmmother.com or this website), is provided to you by Calmmother Limited (Calmmother or We), a company incorporated under the laws of the province of Alberta, Canada.

Your access to, use of or signing up for this website, our newsletter or any other services constitutes your consent to this legally binding agreement with Calmmother (these Terms and Conditions). 

Modifications to these Terms and Conditions and contacting us

These Terms and Conditions are effective as of February 28, 2015. 

We encourage you to review this page every time you visit this website as we may modify part or all of these Terms and Conditions at any time in our sole discretion, upon which we will post the new version of same and indicate the effective date. Your continued use of this website following the posting of the new version will constitute your acceptance of any such changes. 

If you have questions or concerns regarding this website, including these Terms and Conditions, please contact us at info@calmmother.com.

Intended audience and privacy

This website is operated from Canada by Calmmother. This website is directed at adults in Canada and is not intended for persons under the age of 18.

A description of our current practices related to personally identifiable information collected through calmmother.com in our Privacy Policy. We may update our policies and practices regarding privacy at any time at our sole discretion.

Purpose of this website 

Calmmother.com contains a variety of information, ideas, suggestions, comments, statements, opinions, views, advice, recommendations, messages, posts, feedback, photographs, graphics, videos, journals, text, design, graphics, images, drawings, code, software, sound, and other communications and materials (collectively, Content). This website and the Content contained or made available on or through it is intended solely for general informational and educational purposes, regardless of whether the Content has been provided by Calmmother or a third party, including persons who use this website (Users). 

This website and the Content contained or made available on or through it is provided with the express understanding that (i) neither Calmmother nor any third party contributor are engaged in rendering medical, counseling, legal, investment, financial or other professional services or advice, (ii) it is not intended to be used as medical or healthcare advice, medical diagnosis, or treatment for any individual problem or concern, and (iii) it is not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your own unique circumstances or the unique circumstances of your child. 

You should always seek the advice of a qualified healthcare provider (i) before relying on information you find on or through this website (including the Calmmother Community areas of this website) as Content may contain information that is incorrect or dangerous to your health or the health of your child, (ii) regarding any medical condition you have or that your child has, (iii) if you have any concerns about your own health or the health of your child, and (iv) before starting any new treatment or program related to the health or wellbeing of you or your child (including matters related to exercise regimes, diets, vitamins and nutritional supplements, beauty products, and feeding and sleep schedules). If you believe that you have an emergency of any kind, please contact a qualified healthcare provider or dial 911 or your local emergency number for assistance. 

Your use of this website 

You agree that you will comply with these Terms and Conditions and other rules and guidelines as the same may be established amended or replaced by Calmmother at any time, and to submit accurate, lawful and relevant Content. 

You are responsible for any Content that you submit, post or otherwise make available to or through this website. By doing so, you represent and warrant to Calmmother that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content. 

We make no claims to the ownership of Content that you submit, post or otherwise make available to or through this website, and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. You do, however, grant an assignment to Calmmother of all worldwide nonexclusive, perpetual, fully sub-licensable, royalty-free right, licence to your Content. Without limiting the generality of the foregoing, Calmmother will be entitled to use, reproduce, modify, adapt, publish, translate, disclose, create derivative works from, distribute, publicly perform, and publicly display Content that you submit, post or otherwise make available to or through this website (in whole or in part) worldwide via this website or otherwise, and/or to incorporate such Content in other works in any form, media or technology now known or later developed.

You agree that you will not submit or otherwise make available to or through this website any Content that (i) you do not wish to assign to us (including, without limitation, any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork), or that you do not have the right to post, submit, disseminate or transmit, (ii) that infringes or violates any proprietary right belonging to any other party, including without limitation, copyright, trademark, or patent, (iii) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invades the privacy of any other person, (iv) contains any viruses, or other harmful, disruptive, or destructive files, code, or programs, or (v) includes any unauthorized advertising, promotional materials, spam, junk mail, chain letters or any other type of unsolicited mass email to individuals or entities that have not agreed to be part of such mailings. 

Your further agree that you will not use this website in any way to (i) falsely state or otherwise misrepresent your affiliation with any person or entity, or impersonate any person or entity, (ii) intentionally omit, delete, forge, or misrepresent transmission information, including return mailing and Internet protocol addresses, or otherwise manipulate identifiers to hide the origin of any Content that you submit or transmit to or through this website, (iii) act in a manner that disrupts or negatively affects any other User's ability to engage in communications on or through this website, (iv) interfere with, disrupt, or harm in any way this website, or the servers or networks connected to this website, (v) harass another User (including, without limitation, electronic stalking), or engage in any activities that would violate the personal privacy rights of others (including, without limitation, collecting and distributing information about other Users without their permission, except as permitted by applicable law), or (vi) fail to comply with applicable laws and regulations in connection with your use of this website, including but not limited to, using this website in violation of any applicable laws or regulations.

Your use of this website is subject to the disclaimers and caveats in these Terms and Conditions and that may appear throughout this website. 

Links to other websites and your dealings with third parties

Links to advertisers or other third parties found on or accessible through this website (over which Calmmother has no control) are provided as a convenience to Users only. Calmmother is not affiliated with and does not endorse the content, items, or services contained or made available on or through such third party sites. 

You use and access the sites of advertisers or other third parties (including the content, products, or services on those sites) solely at your own risk. Any dealings with advertisers or other third parties (including, but not limited to, your participation in promotions, the payment for and delivery or items, and any terms, conditions, warranties and representations associated with such dealings) are solely between you and the third party. 

Calmmother does not make any representations or warranties with respect to any content or privacy policies, ownership, legality of such sites or otherwise with respect to such third parties or any items or services that may be obtained from them. You agree that Calmmother will not be responsible or liable, directly or indirectly, for (i) the availability of such external sites or resources, or for the content, advertising, products, or other materials available on or through such sites or resources, or (ii) for any loss or damage of any kind incurred as a result of use of any third party sites or any dealings between you and any third party, or as a result of the presence of such third parties on this website.

Legal disclaimer and limitation of liability

Some of the Content contained or made available on or through this website is provided by Calmmother, and other Content is provided by third parties, including Users (such as User opinions, advice, views and statements provided via posts to blogs, chat rooms, discussion forums, message boards and bulletin boards). 

The Content expressed or made available by Users or other third parties is the responsibility of the respective User or third party who creates it (not of Calmmother), and such Content does not necessarily reflect the views of Calmmother. Calmmother shall not be liable for the defamatory, offensive or illegal conduct of Users or third parties.

We make reasonable efforts to keep Content on this website current, accurate and complete. However, we cannot guarantee, do not endorse and are not responsible for, the accuracy, reliability, completeness or timeliness of any of the Content contained or made available on or through this website, whether provided by Calmmother, Users or third parties. 

Calmmother reserves the right (but does not have the obligation), in its sole discretion and for any reason, to prescreen, edit, remove, refuse to accept, or move any Content provided by Users or third parties that is expressed or made available on or through this website. 

All Contents of this website are provided on an "as is" and "as available" basis. Calmmother does not warrant or make any representations of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for any particular purpose, third party rights and noninfringement. 

Calmmother and its affiliates make no warranties (i) as to the validity, accuracy, quality, reliability, completeness, currency or otherwise of any Content contained or made available on or through this website, (ii) that this website will meet your requirements, (iii) that access to this website will be uninterrupted, timely, secure, error-free, free from viruses or other harmful, disruptive, or destructive files, programs or codes, (iv) that defects (if any) will be corrected, or (v) as to the results that may be obtained from the use of this website.

You acknowledge and agree that (i) any Content downloaded or otherwise obtained by you through your access or use of this website (including any other sites linked to it) is used at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such Content, (ii) any decisions or actions based on Content contained or made available on or through this website (including any other sites linked to it), are the sole responsibility of the User, and (iii) Calmmother shall not be responsible for any consequence relating directly or indirectly to any action or inaction you take based on the Content provided on or through this website (including any other sites linked to it). You agree to assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website. 

You acknowledge and agree that you are responsible for evaluating, and bearing all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

In no event shall Calmmother, its directors, officers, employees, agents or affiliates, be liable or responsible for any direct, indirect, incidental, special, punitive, or consequential claim, loss or damages, including, without limitation, any loss of use, loss of revenue, costs or other commercial or economic loss, lost or damaged data, personal injury or death, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (i) your access to, use of, reliance on, or the inability to use or misuse of this website or any Content thereon, (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from this website, or any consequences flowing therefrom, (iii) any inaccuracy or omission in information contained or made available on or through this website or the failure to keep such information current, (iv) any Internet software used in connection with this website or computer viruses or other harmful, disruptive or destructive files, programs or codes encountered or inadvertently downloaded onto your electronic devices (such as computer or phone) as a result of using this website, (v) the cost of procurement of substitute services, items, or web sites, (vi) unauthorized access to or alteration of your transmissions or data, (vii) the statements or conduct of any User or third party on this website, or (viii) any other matter relating to this website. The foregoing limitation shall apply whether or not Calmmother has been advised of the possibility of such damages, losses or expenses and notwithstanding any failure of essential purpose of any limited remedy.

Indemnification

You agree to defend, indemnify and hold harmless Calmmother, its directors, officers, employees, agents and affiliates, from and against any and all liability, claims, losses, damages, costs and expenses of any kind (including, without limitation, reasonable attorneys' fees on a solicitor and her own client basis) arising directly or indirectly (i) from or related to your use of this website, (ii) your breach of these Terms and Conditions, (iii) the Content you submit, post or transmit through this website, or (iv) your, or any party that you are responsible for or who accesses or uses this website as a result of you, use or misuse of the Content or this website (including infringement claims).

Proprietary rights

All of the right to, title to, and interest in the Content and all organization and presentation of the Content which form a part of this website are the exclusive property of Calmmother or its licensors or affiliates and are protected by intellectual property laws relating to copyrights, trade-marks, trade names, Internet domain names, trade dress and other proprietary rights.

The Content of this website, and this website as a whole, are intended solely for personal, noncommercial use by Users of this website. You have the nonexclusive, nontransferable, revocable and limited license to view, download, copy, print, store and distribute selected portions of the Content retrieved from this website provided that you (i) use such Content for your own personal, noncommercial use, (ii) do not copy or post the Content on any computer network or broadcast the Content in any media, (iii) do not modify or alter the Content in any way, and (iv) do not remove or obscure any copyright notice, trademark notice or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content contained or made available on or through this website in any other manner or for any other purpose without first obtaining our prior written consent. All rights not expressly granted in these Terms and Conditions are expressly reserved to Calmmother.

All trade names, trademarks, service marks, logos and designs used on calmmother.com, whether registered or unregistered, are owned by Calmmother or third parties.

You are not permitted to use or display any trademarks, service marks, logos or designs owned by Calmmother or its affiliates without first receiving our respective written permission. Use of any such intellectual property, except as expressly authorized, shall constitute a violation of the rights of the owner of the intellectual property.

Modification or suspension of website

At any time and without notice to you, Calmmother may temporarily or permanently modify, discontinue, or suspend its operation of this website, or any part thereof.

Termination

These Terms and Conditions are effective until terminated by Calmmother at any time, with or without notice, in Calmmother's sole discretion. However, the provisions of these Terms and Conditions shall continue to apply indefinitely. After termination of these Terms and Conditions, you shall no longer access this website. Any such termination shall be in addition to and without prejudice to such rights and remedies as may be available to Calmmother.

Severability

If any provision of these Terms and Conditions is found by a court or other binding authority to be invalid, the parties agree that (i) every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and (ii) this shall not affect the validity of any remaining provision of these Terms and Conditions, which remaining provisions contained in these Terms and Conditions shall continue in full force and effect.

Applicable law

This website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this website, you acknowledge and agree that all matters relating to access to, or use of calmmother.com or these Terms and Conditions, and the resolution of any dispute related to these Terms and Conditions or this website, shall be governed by and construed in accordance with the laws of Alberta, Canada without giving effect to any principles of conflicts of law. Any legal action or proceeding between you and Calmmother related to these Terms and Conditions shall be brought exclusively in a court of competent jurisdiction in Calgary, Alberta, Canada, and you agree to submit to the personal and exclusive jurisdiction of such courts.

Entire Agreement

These Terms and Conditions contain the entire agreement and understanding between Calmmother and you with respect to this website and supersede any and all written and oral agreements previously existing between Calmmother and you with respect to this website. All rights not expressly granted in these Terms and Conditions are reserved.