WEBSITE TERMS AND CONDITIONS

Last modified: January 2024

By visiting and using this website, you agree that you have read, understood, and agree to the Terms and Conditions of Use (“Terms”), together with any documents they expressly incorporate by reference. 

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Medical Disclaimer

THE MEDICAL INFORMATION ON THIS WEBSITE AND WITHIN THIS MEMBERSHIP, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, IMAGES, AND OTHER MATERIAL, IS PROVIDED AS AN INFORMATION RESOURCE ONLY, AND IS NOT TO BE USED OR RELIED ON FOR ANY DIAGNOSTIC OR TREATMENT PURPOSES.  THIS INFORMATION DOES NOT CREATE ANY PATIENT-PHYSICIAN RELATIONSHIP, AND NO MATERIAL ON THIS SITE SHOULD BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

1. Always seek the advice of your physician or your child’s physician with any questions and before making any healthcare decisions or for guidance about specific medical conditions.  Surefooted Family, LLC, expressly disclaims responsibility and shall have no liability for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this Website.  Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
2. If you think you or your child may have a medical emergency, call your physician or 911 immediately.  Reliance on any information provided by Surefooted Family, its employees, others on the Website, or third party websites linked to the Website is solely at your own risk.

Age Restriction

1. You may not use or engage with the Website if you are under eighteen (18) years of age.
2. By using or engaging with the Website, you acknowledge and agree that you are not under the age of eighteen (18) years.
3. We do not collect personally identifiable information from any person we know to be under the age of eighteen (18).  
4. By using or engaging with the Website, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use the Website.  If you do not meet all of these requirements, you must not access or use the Website.

Geographic Restrictions

The owner of the Website is based in the State of Tennessee in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are proprietary to the Company or other providers of such material and are protected by intellectual property and proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except for your personal, non-commercial use.

1. You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

The Company name and all related names, logos, product and program names, designs, and slogans are property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and program names, designs, and slogans on this Website are the trademarks of their respective owners.

Use Restrictions

1. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

2. Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

No Agency

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created between you and Company or its officers, directors, employees, agents under these Terms or otherwise.  Your use of the Website does not constitute a business relationship ro association between parties and is not to be construed as such.  The information contained on this site is not intended to be patient education, does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment.

Linking to and from the Website

1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
2. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
    

No Warranty

1. SF does not warrant that the website or server are free of viruses or other harmful components.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
2. The website is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.  SF does not warrant that (1) the program will meet your specific expectations or requirements, (2) the program will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the program will be reliable, (4) the quality of any products, programs, information, or other material purchased or obtained by you through the program will meet your expectations, and (5) any errors in the program will be immediately corrected.
3. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
4. SF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING MATERIALS, PRODUCTS, SERVICES, OR THIRD-PARTY MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE.
5. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Earnings Disclaimer

You agree that SF makes no specific representations about the results you may receive.  SF does not guarantee that you will achieve any particular result or earnings from your use of the website.

Limitation on Liability

1. In no event shall SF or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the Website or the subject matter of this agreement under any contract, negligence, tort, strict liability, or other legal or equitable theory
   1. for any amount in the aggregate in excess of the greater of the fees paid by you for the Programs purchased through the Website during the six month period preceding the applicable claim;
   2. for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, including but not limited to personal injury, emotional distress, loss of revenue, loss of profits, or loss of goodwill;
   3. for data loss or cost of procurement of substitute goods or services; 
   4. for the use ore inability to use the Website; or
   5. for any matter beyond the Company's reasonable control.

6. The Website provides information only and does not provide any financial, legal, medical, or psychological services or advice.  SF disclaims any liability for your reliance on opinions or advice contained in this website.

2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.

Waiver and Severability

1. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
2. If any provision of these Terms 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 will continue in full force and effect.
3. The failure of SF to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms shall be governed by and construed in accordance with the internal laws of the State of Tennessee.  All matters relating to the Website, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
 

Entire Agreement

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in the Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. 

If any provision of the Terms is found to be unenforceable or invalid by any court having competent jurisdiction, that provision will be limited to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable. 

Any changes to the Website shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. You acknowledge your responsibility to review the Terms from time to time and to be aware of any such changes.

The Terms constitute the sole and entire agreement between you and Surefooted Family LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support (at) surefootedfamily (dot) com.