PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR BROWSING THIS WEB SITE, OR ACCESSING OR REGISTERING FOR ANY COURSE ON THIS WEB SITE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN, WITHOUT LIMITATION OR QUALIFICATION.
1. This Web Site and the Courses are operated and maintained by the BFC (“Breastfeeding Friendly Consortium”) and its vendors and licensees. The words “us,” “we” and “our” refer to the Breastfeeding Friendly Consortium. The words “you” and “your” refer to you, the user of the Services. The word “Services” refers to this Web Site and any Courses offered through the Web Site. The word “Key” refers to an alphanumeric code which is required in order to register for and access Courses. For purposes of this Agreement, references to the Services also include any and all mirror, equivalent, comparable, replacement, substitute or backup web sites, web pages, resources, facilities or other means we make available to you in digital or electronic form.
2. The term “Use” refers to direct or indirect access, use, display, viewing, exchange, communication, reproduction, transmission or receipt of information, either with or without the aid of a machine or device, to, from or through the Web Site and/or Courses, or any action that causes the performance of functions, activities or otherwise provides or obtains services, content, information, reports, materials or data in connection with the Services.
3. We may add to, delete from or modify the Services or this Agreement at any time and from time to time, at our sole and absolute discretion, without notice. If you do not agree to any modification of the Agreement, you may terminate use of the Services by discontinuing use of the Services and returning your Key to us via email. You will not be entitled to any refund upon such termination.
4. Conduct and Proper Use of the Services
4.1. You may not Use or allow, enable or facilitate others to Use the Services, or any Keys in any manner that: (a) is fraudulent, libelous, defamatory, vulgar or obscene, pornographic, sexually explicit or offensive, harmful, harassing, threatening, hateful, objectionable, discriminatory or abusive; (b) violates any law, regulation or judicial or governmental order; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Services; or (d) infringes upon or violates proprietary or rights of others, including but not limited to intellectual property rights.
4.2. You also may not Use or allow, enable or facilitate others to Use the Services or any Keys in any manner that actually does or attempts to: (a) disrupt, impair or interfere with, alter or modify the Web Site (including any information, content, materials, features or functions thereof), any Keys or the Use of the Services by others; (b) act in a way that affects or reflects negatively on us, the Services or anyone else; (c) collect or attempt to collect information of another party, including without limitation personally identifiable information, without that party’s express prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any foreign laws or international treaties, which are applicable to this Agreement, the performance of your obligations and your Use of the Services.
4.3. You warrant and represent that you have accurately identified yourself and that you are the individual who answers questions and takes any Course for which you have registered, and that you will not answer questions or take a Course on behalf of any other individual. We reserve the right to approve or reject any user or revoke and restrict your right to use the Services, at any time and for any reason in our sole and absolute discretion.
5. Your Information and Privacy
5.1. The Breastfeeding Friendly Consortium has a Privacy Statement disclosing the information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. Click here to view the Privacy Statement, which is incorporated by reference, as if set forth fully herein.
5.2. When you visit the Web Site and Use the Services, we may collect information about you, such as your name, address, contact information, billing information, and other information which identifies you, as well as your responses to Course questions and other information you transmit in taking Courses or Using the Services. You acknowledge and also consent to our gathering this information and to our tracking your activities and Use of the Services for purposes which include, but are not limited to, tracking orders and reports, maintaining quality control and contacting you concerning the Services should it be necessary or appropriate to do so.
5.6. You acknowledge and agree that we may use your email address and other contact information to send you administrative messages and status reports.
5.7. We reserve the right to disclose all information, including personal information, when required by law, court order or subpoena.
6. Breastfeeding Friendly Consortium Courses
6.1. Courses may be accessed only through a Key purchased from the Breastfeeding Friendly Consortium or a company authorized by the Breastfeeding Friendly Consortium to distribute Keys, or through an LMS Provider. You are solely responsible for maintaining the confidentiality of your Key, and for all activities, charges or liabilities incurred through use of the Services. Once you have redeemed a Key or received access to a Course you may not transfer your Key or access to a Course to another user.
6.2. A Key entitles you to register in only one Course. In order to take a different Course, or to repeat a Course, you will need to obtain a new Key for that Course.
6.3. Some Courses may entitle you to receive credits or course completion documentation; some Courses will require a skills assessment or additional instruction from a Training Entity; and some Courses will not entitle you to any credits or course completion documentation. It is your responsibility to consult the Course description and determine whether credits or Course completion documentation are offered and whether you quality for them, or whether additional assessment or instruction is required. The fee for a Key does not include any fees that may be charged by Training Entities for additional training or skills assessment. It is your responsibility to locate a Training Entity that can provide you with the necessary additional assessment or instruction and to obtain any available Course credit or documentation.
7. Third Parties and Third Party Sites
7.1. The Web Site may contain references or links to other web sites, web pages, materials, information and resources (“Third Party Sites”). We are not responsible for and have no control over the accessibility via the Internet of any Third Party Sites. Furthermore, you understand, acknowledge and agree that we do not endorse nor are we otherwise responsible for or associated with any Third Party Sites and you should not assume or rely upon any information or content as having originated with or been approved by us or even that we are aware of the specific content, information, features or capabilities available in connection with such Third Party Sites. We are not responsible or liable, in any manner whatsoever, for, in connection with, or as a consequence of your use of any Third Party Site, even if we are advised of the possibility that damages may result.
7.2. You may have reached this Web Site through an LMS Provider. An LMS Provider is also a Third Party Site, and we are not responsible for and have no control over any services or products offered by the LMS Provider. We are not responsible or liable in any manner whatsoever, for, in connection with, or as a consequence of your use of any LMS Provider, even if we are advised of the possibility that damages may result.
7.3. You may have received your Key from a Training Entity, LMS Provider, distributor, or other third party (“Third Party”). The Breastfeeding Friendly Consortium is not responsible or liable in any manner whatsoever, for, in connection with, or as a consequence of any representations, actions or omissions of any Third Party, even if we are advised of the possibility that damages may result.
8. Intellectual Property Rights
8.1. The Services and all text, graphics, images, logos, icons, programs, software, code, data, schema, content, information, reports and materials made available to you in connection with your Use of the Services, whether tangible or intangible, in any form and on or in any media, and all intellectual property rights in and to the same (hereinafter the “Intellectual Property”), are proprietary to us or are owned by us or our licensors or suppliers. You may not use the Intellectual Property, except as specifically permitted under this Agreement. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works from, reverse engineer or distribute the Intellectual Property in any way. Any and all rights not expressly granted by this Agreement, whether existing now or arising in the future, are hereby expressly reserved by us.
8.2. We reserve the unconditional right (but not the obligation) to remove, move or edit any information, data, text, graphics, content or other materials which we consider to be in violation of any of the terms of this Agreement. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of any such activities.
9.1. We may terminate this Agreement and/or otherwise restrict, suspend or terminate your use of the Services, in whole or in part, at any time in our sole and absolute discretion, immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us or which may be available to you under any separate written agreements you may have entered into with us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use the Services.
9.2. Breastfeeding Friendly Consortium may, at its sole discretion, elect to provide, or not provide, refunds or other accommodations to purchasers of Keys. However, in most cases the Breastfeeding Friendly Consortium will gladly accept and credit the purchase price for course keys purchased at BFConsortium.org if returned in unused condition within 30 days of purchase. All key returns are subject to a 15% restocking fee.
10.1. Limitation of Liability: Termination is your sole right and exclusive remedy for any claims or cause of action arising from the Courses, the Services, the Web Site or your use thereof. Upon termination by you or by us, your right to use the Services shall immediately cease.
10.2. UNDER NO CIRCUMSTANCES WILL THE Breastfeeding Friendly Consortium, ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEB SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT (STRICT LIABILITY OR OTHERWISE), INCLUDING WITHOUT LIMITATION: LOSS OF VALUE, LOSS OF USE, LOST ANTICIPATED PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF GOODWILL OR OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NEITHER THE Breastfeeding Friendly Consortium, NOR ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS, SHALL BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR KEYS WITHIN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY CLAIM AROSE. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT AND YOUR USE OF THE SITE OR THE SERVICES. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
10.3. No Warranties; Disclaimer: THE WEB SITE, THE COURSES AND THE SERVICES ARE MADE AVAILABLE FOR YOUR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE OR OTHERWISE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEB SITE, COURSES OR SERVICES, ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY FOR USE OR RELIANCE BY YOU OR ANY OTHER PARTY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10.4. Governing Law: This Agreement is governed by and construed in accordance with the substantive internal laws of the State of New York without reference to its conflicts of laws principles.
10.5. Indemnification: You agree to indemnify, defend and hold harmless the Breastfeeding Friendly Consortium, its vendors, licensees, licensors, agents, employees, officers, directors or volunteers (the “Indemnitees”) from and against any and all losses, damages, liabilities, fees and costs, including without limitation attorneys’ fees and court costs, which may arise or are incurred by the Indemnitees in connection with any liability, damages, claims or actions arising from your breach or alleged breach of this Agreement or your use of the Services. No settlement or compromise which may adversely affect the Indemnitee’s rights or legally obligate an Indemnitee shall be made or entered into by you without the Indemnitee’s prior written approval.
We are collecting personal data relating to you. Please review our privacy notice for further information and click “I Accept”.
EFFECTIVE DATE: March 10, 2010
Breastfeeding Friendly Consortium
INTERNATIONAL Breastfeeding Friendly Consortium ONLINE PORTAL PRIVACY NOTICE
Breastfeeding Friendly Consortium and its affiliates (collectively “Breastfeeding Friendly Consortium”) respect your privacy and protect your personal data. This Privacy Notice applies only if you are located in the European Economic Area