Podee® International Website Legal Information
This legal statement constitutes the entire agreement between the parties and contains the terms and conditions (the “User Terms”) which govern your use of www.podee.com website. Podee® reserves the right to change these terms and conditions at any time without notice. Accordingly you agree to review the site periodically and your continued access or use of this site shall be deemed your acceptance of the modified agreement.
By using the www.podee.com website you confirm that you are at least 18 years old or, if you are under 18, that you are accessing the www.podee.com website with the consent of your parent(s) or guardian(s). The www.podee.com website is available only for your personal and non-commercial use. If you do not agree with these User Terms, do not use the www.podee.com website. If you continue to use the www.podee.com website you will be deemed to have accepted the User Terms. We reserve the right to terminate access in the event of breach (in our opinion) of the User Terms. References to “us” or Podee® shall be interpreted so as to include our successors, assigns and licensees. Podee® reserves the right to change these User Terms at any time without notice. Accordingly you agree to review the site periodically and your continued access of use of the www.podee.com website shall be deemed your acceptance of the modified User Terms.
The failure of Podee® to exercise or enforce any right or provision of these User Terms shall not constitute a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect.
Questions and Complaints
If you have any questions or complaints relating to your use of the www.podee.com website, or to the User Terms, please contact us.
Ownership / Trademarks
Unless stated otherwise the contents of the www.podee.com website, including the images, text, audio, trademarks, logos, graphics and other components are owned by Podee® and are protected by copyright and trademark laws and treaty provisions. No element of this www.podee.com website may be copied, reproduced, modified, published, uploaded, posted, transmitted or distributed in any way without Podee®’s prior written permission, except as stated below. Podee® does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. Other rights may be granted to you by Podee® in writing or incorporated elsewhere in the www.podee.com website.
You may print or download the visible text of an individual page for private and personal non-commercial use only, but you may not make more than one copy of such text electronically or otherwise. You may not reproduce any other part of the www.podee.com website including, but not limited to, the structure, overall style and program code.
THE www.podee.com website IS DISTRIBUTED ON AN “AS IS” BASIS. Podee® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS www.podee.com website OR ITS CONTENT. IN ADDITION, EXCEPT AS SET OUT ELSEWHERE IN THESE USER TERMS AND THE www.podee.com websit, Podee® MAKES NO REPRESENTATIONS OR WARRANTIES OF QUALITY PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, Podee® DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF COMPUTER VIRUSES. ANY LIABILITY, HOWEVER IT OCCURS FOR ANY INACCURACIES OR ERRORS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
The www.podee.com website is controlled and operated from the United States and Podee® makes no representations that the materials and products described on the www.podee.com website are appropriate or available in other locations or jurisdictions. You shall not use the www.podee.com website in breach of any laws or regulations of any national local, state or federal governments or agencies in any country or jurisdiction in which the content can be viewed or retrieved, or in breach of any international treaties or conventions or any community standards, and will not make any use of the www.podee.com website such that the whole or part of the www.podee.com website is interrupted, damaged or impaired in any way or for the transmission or posting of any computer viruses or any material which defamatory, offensive or of an obscene or menacing character or in such a way as to cause annoyance, inconvenience or needless anxiety or which constitutes a violation or infringement of the rights of any person, firm or company.
Written Material Submitted By You
Podee® may monitor communications on the www.podee.com website, but is under no obligation to do so. You must not post any material on to the www.podee.com website which defamatory, obscene or blasphemous, which infringes third party rights or which could in any other way give rise to criminal or civil liability in any jurisdiction. Podee® shall have no liability for any such material. Podee® may in our absolute discretion remove any material if in our view it falls or might fall within the foregoing categories or is otherwise inappropriate, Podee® shall own any material you send to the site or to them, shall not be obliged to treat any such communication as confidential and may exploit any such communication and its contents in such ways they see fit.
The information on this www.podee.com website is made available as a general education forum and is not intended to be a substitute for the medical advice of your qualified medical care provider. ALWAYS DISCUSS MEDICAL ISSUES WITH YOUR DOCTOR BEFORE MAKING ANY OF THE IDEAS OR SUGGESTIONS FOUND ON THE SITE A PART OF YOUR FAMILY’S LIFE.
Links and Third Parties
The www.podee.com website may also contain links to other websites which are not under Podee®’s control and are not maintained by Podee®. Podee® is not responsible or liable in any way for such websites and cannot vouch for the suitability or accuracy of the content of those websites. Podee® provides these links for your convenience only but do not monitor or endorse the material on other websites.
Your dealings with any third parties including but not limited to merchants through the www.podee.com website and any terms, conditions, warranties or representations of such third parties, are solely between you and the relevant third party and Podee® is not liable in any way, and you agree to indemnify use in the manner referred to in these User Terms in relation to such dealings.
Third Parties and Merchants may use images or photos of Podee® Products and children which were originally available through the Podee® website. Podee® is not liable for such use and is not responsible for obtaining original permission for use of these photos submitted knowingly by minors’ parents. Podee® has discontinued use of such images and photos.
Exclusion of Podee®’s Liability/Indemnity
Neither Podee® nor any of its directors, employees or representatives shall be liable for any damages arising out of, or in connection with, the use of the www.podee.com website. This is a comprehensive limitation of liability that applies to all damages of any kind, including, but not limited to compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties (but not including death or personal injury resulting from Podee®’s negligence).
Podee® does its best to provide uninterrupted access to the www.podee.com website, but it does not guarantee it and accepts no liability for any failure to do so.
You agree to indemnify Podee® against all liabilities, claims and expenses that may arise from any breach by you of these User Terms or your use of the www.podee.com website. Podee® reserves the right, at its own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you and as such you agree to co-operate with Podee®’s defense of such claim.
Apart from Podee®’s ability to terminate the www.podee.com website or any services provided on the www.podee.com website or restrict your access to them with immediate effect for your breach of the letter or spirit of any of these User Terms or as otherwise set out on the www.podee.com website, without prejudice to any other accrued rights, Podee® may also terminate the www.podee.com website or services provided without prior notice to you where:
- there is a regulatory or statutory change limiting Podee®’s ability to provide the www.podee.com website;
- any event beyond Podee®’s reasonable control prevents it from continuing to provide the www.podee.com website (for example, and without limitation, technical difficulties, capacity problems and communications failures);
- Podee® considers in its sole discretion that you are abusing the provision of the www.podee.com website or the services provided thereon or are otherwise acting in breach of these User Terms. Without prejudice to the foregoing, Podee® reserves the right to remove any material on the www.podee.com website including, without limitation, any user name or email posted on the www.podee.com website which Podee® in its sole opinion deems unsuitable.
Podee® reserves the right to assign or subcontract any or all of its rights and obligations under these User Terms to a third party. If Podee® exercises this right, it shall name the assignee or subcontractor on the www.podee.com website. You may not without Podee®’s prior written consent assign or dispose of any rights or obligations arising under these User Terms.
In the event of conflict or inconsistency between the English version of these User Terms and any translation provided by Podee®, the English version shall prevail.
In the event that any term of these User Terms is held to be invalid or unenforceable by judicial decree or decision, the remainder of these User Terms shall remain valid and enforceable.
Governing Law and Jurisdiction
These User Terms and the use of the www.podee.com website are subject to United States Law which shall exclusively govern their interpretation, application and effect. The Courts of the United States shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with subject matter of these User Terms.