TERMS OF USE
1. Terms
These website terms and conditions of use constitute a legal agreement and are entered into by and between Nurtured First (“Company,” “we,” “us,” “our”) and our website users and customers (including their households) (“you”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of any and all content, courses or programming (“Courses”), products, and services offered on or through nurturedfirst.com or learn.nuturedfirst.com (the “Site”).
By accessing the Site, you are agreeing to be bound by these Terms of Use and our Privacy Policy, as well as all applicable laws and regulations. You further agree that you are responsible for compliance with any applicable local laws. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state, province or jurisdiction of residence. If you do not agree with any of these Terms of Use, you are prohibited from using and/or accessing this Site and Courses offered by Nurtured First.
We reserve the right to refuse access to or use of our Site (or a part thereof) to anyone for any reason at any time. A breach or violation of any of these Terms of Use will result in an immediate termination of your use or access to our Site.
2. User Registration and Accounts
We may require user registration in order to access content, Courses, products, or services on this Site. It is a condition of your use of the Site that all the information you provide on and to the Site is correct, current, and complete.
Your provision of registration information and any submissions you make to the Site through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, and bulletin boards constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.
3. Online Purchases and Online Store Terms
Our online payment processing is hosted by Stripe Payments Canada, Ltd. and PayPal Canada Co. Please review our Privacy Policy for more information about how we protect your payment details.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Any prices for our content, Courses, products, or services are subject to change without notice. We reserve the right at any time to modify or discontinue any content, Courses, products, or services (or any part thereof) without notice at any time. We reserve the right, but are not obligated, to limit the sales of any content, Courses, products, or services to any person, geographic region or jurisdiction. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our content, Courses, products, or services.
4. Return and Returns
4.1 Online Courses
If you are not satisfied with your online course purchase, we will provide a full refund of your purchase price, provided that you have completed 50% or less of the Course content (as determined by our records), and you submit a refund request within thirty (30) days of the initial purchase.
To request a refund, please email support@nurturedfirst.com. For detailed information on the refund request process, requirements for content deletion, and other conditions, please refer to our separate Returns & Refunds Policy (the “Refund Policy”), which is incorporated by reference into these Terms. In the event of any inconsistency between this Section and the Refund Policy, the Refund Policy will provide additional guidance, subject to applicable law.
4.2 Printable Materials and E-Books
All sales of printable materials and e-books are considered final. Due to their digital nature, we generally cannot accept returns or issue refunds once the transaction is completed. By purchasing these items, you acknowledge and agree to this policy.
However, if you experience any technical issues, receive a defective file, or are otherwise unable to access or use your printable materials or e-books as intended, please contact support@nurturedfirst.com. We will make reasonable efforts to assist you, as outlined in the Refund Policy, and provide remedies required by applicable consumer protection laws.
4.3 Compliance with Applicable Laws
Nothing in this Section 4 is intended to limit any rights you may have under the consumer protection laws of your jurisdiction. In the event any of the conditions outlined above conflict with such laws, those conditions will be modified or interpreted in a manner that complies with applicable legal requirements.
5. Intellectual Property Rights and Ownership
You understand and agree that our Site and its entire contents, features, and functionality, including, but not limited to, all Courses, information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name, logos, product and service marks, designs, images and slogans are registered and unregistered trademarks of Nurtured First. You must not use such marks without our prior written permission.
The materials on this Site may not be copied, reproduced, posted, or republished in any way. They may be downloaded, displayed, or printed by the user for non-commercial and lawful personal use only, in accordance with the “Use Licence” provisions contained in Article 6. Otherwise, the re-publication or use of these materials without prior written consent from us is prohibited, and all rights are reserved.
6. Use License
a. Use of this course is limited to the household of the registered user.
b. Permission is granted to temporarily download one copy of any downloadable materials on the Site, including materials from Courses, for lawful personal, non-commercial transitory viewing by the registered user and their household only. This is the grant of a license, not a transfer of title, and under this license, you may not:
a. modify or copy the materials;
b. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c. attempt to decompile or reverse engineer any software contained on the Site;
d. remove any copyright or other proprietary notations from the materials;
e. share or transfer the materials to another person without prior written consent; or
f. ‘mirror’ the materials on any other server.
c. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Nurtured First at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
7. User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Site only for lawful purposes and in accordance with these Terms of Use.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Site, to other users or other persons (collectively, “User Submissions”). Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations and terms of use.
We are and shall be under no obligation (1) to maintain any User Submissions in confidence; (2) to pay compensation for any User Submissions; or (3) to respond to any User Submissions. Any responses to User Submissions by Nurtured First and our parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors is for informational or educational purposes only and is not intended to replace the advice of health or childcare professionals.
Without limiting the foregoing, you warrant and agree that your use of the Site and any User Submissions shall not:
(a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
(b) In any manner violate the terms of use of any third-party website that is linked to the Site, including but not limited to, any third-party social media website.
(c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Nurtured First’s sole discretion.
(d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code.
(e) Involve, provide or contribute any false, inaccurate or misleading information.
(f) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these User Submissions and Site Content Standards.
(g) Impersonate or attempt to impersonate Nurtured First, a Nurtured First director, officer, or employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
(h) Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
(i) Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site.
(j) Interfere with or circumvent the security features of the Site or any related website.
(k) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Nurtured First or users of the Site or expose them to liability.
(l) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
(m) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
(n) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
You understand and agree that you, not Nurtured First nor any parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Site.
8. Site Monitoring and Enforcement, Suspension and Termination
We have the right, without provision of notice to:
Remove or refuse to post on the Site any User Submissions for any or no reason in our sole discretion.
At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Site and User Submissions and Site Content Standards contained in Article 6 or the Terms of Use.
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms of Use.
YOU WAIVE AND HOLD HARMLESS NURTURED FIRST AND OUR PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
9. Privacy
Please refer to our Privacy Policy to learn how we collect, use and disclose your Personal Information.
10. Disclaimer
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES, PRODUCTS OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE MATERIALS ON THIS SITE OR ANY MATERIAL PROVIDED BY NURTURED FIRST ARE PROVIDED ‘AS IS’. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THIS SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
11. Limitations
IN NO EVENT SHALL NURTURED FIRST, NOR OUR PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OR INABILITY TO USE THE CONTENT, COURSES, PRODUCTS, OR SERVICES OFFERED ON THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
12. For General Informational and Educational Purposes Only
The content, Courses, products and services offered on this Site are provided for general informational and educational purposes only. Parenting Little Kids, Solving Bedtime Battles, Separations & Goodbyes, The Postpartum Bundle, and all other Courses, Site content, products, or services offered by Nurtured First provide a forum for discussion where parents can share thoughts, ideas, and concerns. The content, Courses, products, and services provided by Nurtured First are not intended to be a substitute for the advice and/or treatment of healthcare and/or child care professionals trained to assess the development and progress of infants and children. Further, the needs of each infant and child are unique, and no content, Courses, product, service, or forum provided by Nurtured First is intended to replace the advice of a healthcare and/or childcare professional. Any reliance on the material of this Site is at your own risk. The use of Nurtured First Courses and Site is not for emergency or crisis help. If you require emergency medical help, please contact your local emergency services.
You further confirm that:
ACTING ON BEHALF OF YOURSELF AND YOUR CHILD, AND TO THE EXTENT ALLOWED BY LAW, YOU HEREBY WAIVE AND AGREE TO RELEASE ANY CLAIMS OR LIABILITY WHICH YOU, YOUR CHILD, OR YOUR CHILD’S HEIRS AND SUCCESSORS MAY HAVE OR BELIEVE TO HAVE AGAINST NURTURED FIRST AND OUR PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS FOR ANY INJURIES, LOSSES OR DAMAGES TO YOU, YOUR CHILD, YOUR CHILD’S PERSONAL PROPERTY AND YOUR PERSONAL PROPERTY.
YOU AGREE TO BE RESPONSIBLE FOR, INDEMNIFY, AND HOLD NURTURED FIRST AND OUR PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS FROM AND AGAINST ANY CLAIMS, SUITS, JUDGMENTS, OR COSTS WHICH MAY BE BROUGHT AGAINST NURTURED FIRST, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS FOR THE ACTUAL OR ALLEGED ACTS OR OMISSIONS OF YOU OR YOUR CHILD.
By enrolling and participating in our Courses or otherwise engaging with our Site, you indicate that you have read and agreed with the above Disclaimer, Express Assumption of Risk, and Release of Liability in its entirety and freely and voluntarily assume all risks of such injuries and damages, notwithstanding such risks.
13. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Nurtured First and our parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, 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 breach of these Terms of Use or your use of the Site, including, but not limited to, your participation in Courses, your User Submissions, third-party sites, any use of the Site’s content, Courses, products, and services, other than as expressly authorized in these Terms of Use.
14. Revisions and Errata
The materials appearing on the Site may include technical, typographical, or photographic errors. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content, Courses, products, or services on our Site are accurate, complete or up to date. Your use of the Site is at your own risk and neither Nurtured First nor our parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of this Site. We may withdraw, terminate and/or make changes to the materials contained on this Site at any time without notice. We do not, however, make any commitment to update the materials.
15. Links
We have not reviewed all of the third-party sites linked to our Site and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user’s own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
16. Site Terms of Use Modifications
We reserve the right in our sole discretion to revise and update these Terms of Use from time to time without notice. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. You agree to periodically review the Terms of Use in order to be aware of any such modifications and your continued use shall be your acceptance of these Terms.
17. Termination
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).
18. Waiver
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
19. Severability
If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.
20. Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Nurtured First regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
21. Governing Law and Jurisdiction
The Site and these Terms of Use will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Site and under these Terms of Use will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
22. Contact Information
All questions, concerns, and comments regarding the Terms of Use should be sent to support@nurturedfirst.com.
Last Updated: December 16, 2024