EverydayFamily.com Terms of Use

Effective Date: 06/27/2019

THIS AGREEMENT CONTAINS THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES. AMONG OTHER THINGS, THESE TERMS OF USE DESCRIBE THE USER’S RESPONSIBILITY AND LIMIT EVERYDAYFAMILY’S LIABILITY. BY ACCESSING, USING OR SIGNING UP FOR THIS WEBSITE, OUR NEWSLETTERS OR ANY OTHER SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Welcome to EverydayFamily.com (the “Website”). The Website is owned and operated owned subsidiary of Healthline Media, Inc. (“Healthline”) (collectively referred to as “EverydayFamily,” “We,” “Us”). These Terms of Use (the “Terms”) apply to your use of and access to the Website, and our health, wellness and fitness content and related services offered on or through our Website. To make this Agreement easier to read, the Website, and our content and related services are collectively called the “Services.”

EverydayFamily was created to educate, inform, support and entertain parents and parents-to-be. Registering with EverydayFamily also provides access to special website features, special offers and deals from our sponsors and informative health newsletters about your growing family. These Terms set forth the terms and conditions governing your use of this Website and all associated services.

Changes to the Terms of Use – EverydayFamily reserves the right, in its sole discretion, to amend these Terms at any time upon posting the amended terms on the site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. The user’s continued use of the site or any of our services following EverydayFamily’s posting of any changes will constitute the user’s acceptance of such changes. Accordingly, whenever you visit this web site you should check to see if a new version of the Agreement has been posted.

Eligibility – You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as an EverydayFamily member. This site is directed to adults and is not intended for children under the age of eighteen. If you do not meet these eligibility requirements, please do not use the site or any services offered by EverydayFamily.

Privacy – Our privacy practices related to personally identifiable information is described in our Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein.

Informational Purposes Only (Content Disclaimer) – There is a variety of content (education articles, advice, recommendations, comments, posts, text, graphics, photographs, videos, and other materials) provided on the Website. Some of the content is provided by EverydayFamily, its advertisers or its suppliers, and other content is provided by persons who use the Website, such as user opinions and views provided via posts to comment walls, blogs, discussion forums or on their personal websites.

While EverydayFamily makes its best effort to keep the content that it posts on the Website accurate, complete, and up-to-date, EverydayFamily cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any content, whether provided by EverydayFamily its advertisers, its suppliers or by users of the Website.

Any opinions, advice, statements or other information expressed or made available by users or third parties, including but not limited to bloggers, are those of the respective user or other third party and not of EverydayFamily. EverydayFamily does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the web site. EverydayFamily does not have any obligation to filter, prescreen, remove or edit any content provided by third parties or users that is posted on or available through the web site. EverydayFamily will have the right in its sole discretion and for any reason, to prescreen, edit, refuse to accept, move or remove any such content.

THE INFORMATION OFFERED ON EVERYDAYFAMILY.COM IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NO INFORMATION, SERVICES, OR MATERIALS OFFERED BY OR THROUGH THIS SITE SHALL BE CONSTRUED AS OR UNDERSTOOD TO BE MEDICAL ADVICE OR CARE. NONE OF THE INFORMATION ON THIS SITE SHALL BE USED TO DIAGNOSE OR TREAT ANY HEALTH PROBLEM OR DISEASE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

Restrictions of Use – EverydayFamily grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Website only for your personal, noncommercial use, provided that you 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 available via the Website in any other manner or for any other purpose without the prior written permission of EverydayFamily or the rights holder. All rights not expressly granted in these Terms are expressly reserved to EverydayFamily.

Trademarks, Service Marks, Logos and Designs – EverydayFamily, and related marks whether registered or unregistered are trade or service marks of EverydayFamily. Trademarks, service marks, logos or designs owned by EverydayFamily or any third party making products available on the Website may not be used in connection with any product or service that is not properly authorized by EverydayFamily.

Third Party Services – As a convenience to you, We may provide links to third-party websites or provide co-branded pages hosted on third-party websites. Your dealings with advertisers or other third parties found on or accessible through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Those websites and the parties that control them are beyond our control.

We make no representations as to the content, quality, suitability, functionality or legality of any sites to which We may provide links, and you hereby waive any claim you might have against Us with respect to such sites and their operators. You may order services or merchandise through links on our sites from persons not affiliated with Us. All matters concerning such merchandise or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business.

We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider Us – nor will We be deemed – a party to such transactions, whether or not We may have received some form of remuneration in connection with the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.

User Generated Content – At EverydayFamily We encourage our members to post a variety of information to the forums, blogs, or their personal websites including but not limited to videos, photos, user reviews, forum posts and blog posts. Responsibility for what is posted in the discussion groups or other public forums on our site lies with each user–you alone are responsible for the content of your messages, and the consequences of any such messages. You agree not to use our sites to send or submit materials:

  • that are false, inaccurate or misleading;
  • that infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising);
  • that are libelous, threatening or harassing;
  • that are obscene or contain any kind of pornography;
  • that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; that might create liability for Us or might cause Us to lose (in whole or in part) the services of our Internet service providers or other suppliers;
  • that interfere with the ability of others to enjoy our site;
  • that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of EverydayFamily;
  • that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include;
  • that contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or
  • that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

EverydayFamily does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and EverydayFamily expressly disclaims any and all liability in connection with user submissions.

EverydayFamily reserves the right to remove user submissions without prior notice. EverydayFamily will also terminate a user's access to the site, if they are determined to be repeat offenders. EverydayFamily also reserves the right to decide whether user submissions are appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. EverydayFamily may remove such user submissions and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

You understand that when using the Website, you will be exposed to user submissions from a variety of sources, and that EverydayFamily is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EverydayFamily with respect thereto, and agree to indemnify and hold EverydayFamily, its owners/operators, affiliates, and/or licensor, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

EverydayFamily has no obligation whatsoever to monitor any of the content or postings on the message boards, comment walls, or other public forums. However, you acknowledge and agree that We reserve the right to monitor the same at our sole discretion. EverydayFamily employees typically moderate our boards on a daily basis. Unless otherwise stated, these moderators are not medical professionals and should not be construed as such. Our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. In addition, EverydayFamily and EverydayFamily’s moderators reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms.

By sending or transmitting to Us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submission Materials”), or by posting such Submission Materials on the Websites, you hereby grant to Us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to EverydayFamily shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow EverydayFamily’s use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.

Links – We reserve the right to disallow you to link to the Websites at any time in our sole discretion. If We exercise such right, you agree to immediately remove and disable any and all of your links to the Websites. In the absence of a written agreement with Us specifying how you may link to the Website, use the following guidelines for adding one or more links to the Website from your website:

  • The link must be a text-only link that clearly includes the URL of the applicable Website;
  • If the link points to any page on a Website other than the home page, the text link must also include the title of the target landing page. (For example, if the link points to the “Health and Wellbeing” area of the EverydayFamily.com Site, the link should include the words “Healthy and Wellbeing – EverydayFamily.”);
  • The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our good name and trademarks;
  • The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by Us;
  • The link, when activated by a user, must display the Website full-screen and not within a “frame” on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
  • The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.

Notices for Reporting and Making Claims of Copyright Infringement – This policy is intended to comply with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act.

EverydayFamily will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Healthline’s copyright agent the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work that you claim has been infringed upon
  • A description of where the material that you claim is infringing is located on the Services
  • Your address, telephone number, and e-mail address
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for these Websites:

EverydayFamily, c/o Healthline Media, Inc. 660 Third Street, 2nd Floor
San Francisco, CA 94107
Attn: DMCA Copyright Agent

VIA EMAIL: info@healthline.com

Disclaimer of Warranties – YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVERYDAYFAMILY, ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, MATERIALS AND SERVICES AVAILABLE THROUGH OUR WEBSITE. WE DO NOT GUARANTEE OUR WEBSITE TO BE ERROR-FREE, SECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ALSO AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR WEBSITES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF ANY MATERIAL AND/OR DATA. OUR WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER EVERYDAYFAMILY NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE WEBSITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR WEBSITE IS NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. EVERYDAYFAMILY, ITS AFFILIATES, AGENTS, AND LICENSORS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES REFERRED TO, ADVERTISED ON, OR OBTAINED THROUGH OUR WEBSITE.

Limitation of Liability – UNDER NO CIRCUMSTANCES WILL EVERYDAYFAMILY OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF EVERYDAYFAMILY, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY OF OUR WEBSITES WILL NOT EXCEED THE AMOUNT YOU PAID TO US TO USE THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF EVERYDAYFAMILY, ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Indemnification – You agree to indemnify, defend and hold harmless EverydayFamily, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site.

Termination – Either party may terminate these Terms for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Website or use any of the services associated with the Website. The provisions of these Terms which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

Severability of Agreement – If any provision of these Terms is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in these Terms shall continue in full force and effect.

Governing Law and Jurisdiction – These Terms, including but not limited to, the Privacy Policy, represent the entire agreement between you and EverydayFamily with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the content, services or materials on this Website, you consent to the exclusive jurisdiction of the federal and state courts presiding in San Francisco County, California, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Contact Information – Thank you for your cooperation. We hope you find the Website helpful and convenient to use! Questions or comments regarding the Website, including any reports of non-functioning links, should be directed to:

EverydayFamily, c/o Healthline
660 Third Street, 2nd Floor
San Francisco, CA 94107
Email: info@healthline.com

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