This page tells you the terms of use (the “Terms”) on which you may make use of the Presence Sleep App (the “App”). Please read these Terms carefully before you download, install, or use the App. By downloading, installing, or using the App, you indicate that you accept these Terms and that you agree to abide by them. Your download, installation, or use of the App constitutes your acceptance of these Terms. If you do not agree with these Terms, your only recourse is to cease use of the App.

Changes to Terms

We reserve the right to change these Terms at any time without notification to you. Such changes will be effective when posted. By continuing to use the App after we post any such changes, you accept the Terms as modified.

Privacy and Personal Data

One of our primary goals in collecting personal information from you is to give you a meaningful, customizable, and enjoyable experience while using our App. In the course of using our App, we may ask you to provide us with certain personally identifiable information that can be used to identify you. Personal information may include, but is not limited to, your name, email address, baby’s name, baby’s date of birth, baby’s weight, etc...

We use the information we collect, including personal information, to provide, operate, improve, and personalize the services available on the App, as well as provide customer service. Personal information that you enter into the App is used to provide you personalized and clinically relevant information on your personal baby sleep trainer page and throughout the services. We will not share this data with any third parties. We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of personal information.

In consideration of you downloading and using the App, you represent and warrant that you are able to form a binding contract. Further, you acknowledge and agree that the information provided is not and shall not be considered “protected health information” as defined in the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act, or any other applicable rule or regulation. For the avoidance of any doubt, you hereby represent and warrant that the information provided is not medical in nature and is not expected or required to be treated as such. You also agree that any information you provide about yourself is accurate and complete at the time provided. You agree to update any information provided to us to keep it accurate and complete.

Rules of Conduct

These are rules of conduct that you are required to follow when you use the App. You must not:

“Harvest” (or collect) information from the App using an automated software tool or manually on a mass basis.
Use automated means to access the App, or gain unauthorized access to the App or to any account or computer system connected to the App.
“Stream Catch” (download, store, or transmit copies of streamed content).
Obtain, or attempt to obtain, access to areas of the App or our systems that are not intended for access by you.
“Flood” the App with requests or otherwise burden, disrupt, or harm the site or its systems.
Circumvent or reverse engineer the App or its systems.
Restrict or inhibit another user or users from using and enjoying the App.
Manipulate or forge identifiers in order to disguise the origin of any information posted on the App or otherwise provided to us or our employees.
Impersonate any person, including, but not limited to, other community members or employees.

10.If you post something to the App, such as comments or other content, do not post anything that:

a. Uses strong, vulgar, obscene, or otherwise harmful language; b. Uses racially, ethnically, or otherwise objectionable language;

c. Infringes any third party intellectual property right (such as copyrights or trademarks);

Is defamatory;
Divulges another person or entity’s confidential or private information or trade secret;
Is fraudulent, unlawful, threatening, harassing, abusive, or discriminatory;
Encourages criminal conduct;
Contains any information (such as inside, proprietary, or confidential information) that you do not have the right to make available due to contract, fiduciary duty, or operation of law;
Advertises or solicits business for products or services other than those that are offered and promoted on the App;
Contains any virus, malware, spyware, or other harmful content or code;
Violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange or the NASDAQ Stock Market.

You must also comply with all applicable laws and contractual obligations when you use the App.

Ownership of App Content

The information provided on this App was collected and compiled from a variety of different sources. Copyrights and trademarks not owned by us are property of their respective owners. You may use the App (including any content and materials included on the App) for your own personal, non-commercial, non-medical use, but you may not use it for commercial or medical purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the App unless explicitly authorized in these Terms or by the owner of the materials.

Registration and Log In

To access certain features or areas of the App, you may be required to provide personal and/or demographic information as part of a registration or log-in process. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date. You are responsible for all activity occurring when the App is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, the App, or to any features or portion of the App, and to remove and discard any content or materials you have submitted to the App, at any time and for any reason, including for any violation by you of these Terms. In the event that we suspend or terminate your access to and/or use of the App, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.

Indemnification

You agree to indemnify, defend, and hold us and our affiliates, and our respective directors, officers, employees, attorneys, and agents, harmless from and against any claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the App, your submissions to the App, or any violation of these Terms or applicable law by you or someone accessing the App via your account. This indemnification provision will survive these Terms and the termination of your use of the App.

Applicable Law; No Waiver; Severability

These Terms, and the relationship between you and our company, will be governed by the laws of the United States and the State of Indiana, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to intentions

reflected in such provision, and the other provisions of these Terms will remain in full force and effect.

Dispute Resolution

You agree that all disputes, claims, or controversies arising out of or relating in any way to these Terms, the App, or any content or services thereon (each, a “Dispute”), that cannot be resolved through negotiation in accordance with the “Notice of Dispute; Negotiation” clause below, shall be settled by final binding arbitration, in accordance with the terms of this Section and to the extent permitted by law. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. You agree that the U.S. Federal Arbitration Act applies to this agreement.

Notice of Dispute; Negotiation

If you have a dispute with us, you must send written notice to the following address: 1950 E Greyhound Pass, Carmel IN 46033 to give us the opportunity to resolve the dispute informally through negotiation.

You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If we do not resolve your Dispute within 60 days from receipt of notice of the Dispute, either party may pursue a claim in arbitration pursuant to the terms of this Section.

Initiation of Arbitration Proceeding

The party initiating the arbitration proceeding shall initiate it with the American Arbitration Association (“AAA”) under its rules and procedures, as modified by this Section. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site athttp://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: 1950 E Greyhound Pass, Carmel IN 46033. You and we agree to treat the arbitration proceedings and any related discovery confidential. The terms of this Section govern in the event they conflict with the rules of the AAA. The arbitration proceedings shall be held in Carmel, IN.

Governing Jurisdiction

Any dispute not subject to arbitration and not initiated in small claims court will be litigated by either party in a court of competent jurisdiction only in the Carmel, IN. Each party submits to the exclusive jurisdiction of this court and agrees not to commence any legal action under or in connection with the subject matter of these Terms in any other court or forum. Each party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these Terms in the federal or state courts in the Carmel, IN

Disclaimer of Warranties

This App and the content and services provided therein are provided for entertainment, educational, and promotional purposes. This App is provided on an “as is” and “as available” basis, without warranty of any kind whether express or implied (including warranties of merchantability, fitness for any particular purpose, and non-infringement).

This App and its content and any services provided therein are not intended to, and do not, constitute comprehensive medical or healthcare advice or diagnosis, and may not be used for such purposes. You should always consult with a qualified physician, pediatrician, or other healthcare provider about your specific circumstances before starting any sleep training course.

Additionally, you acknowledge and agree that the App is not intended as a substitute for parental monitoring. You are responsible for any decisions regarding the care of your child and you should not make any child care decisions based solely on the information included on the App.

We, likewise, make no warranties or representations regarding any products or services ordered or provided via the App. Any products and services ordered or provided via the App are provided “as is.” If you purchase a product or service from a third party after following an ad or link on the App, the terms of sale for your purchase are between you and the third party from whom you made the purchase. We are not responsible for such third party products or services or for disputes between you and their sellers.

You agree that use of the App is at your own risk. Although we try to ensure that the information posted on the App is accurate and up-to-date, we reserve the right to change or make corrections to any of the information (including pricing) at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness, or completeness of any of the information available on the site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the site. No advice, results, or information, whether oral or written, obtained by you from us or through the site shall create any warranty not expressly made herein.

Limitations of Liability

If you are dissatisfied with the App, or any materials, products, or services on the App, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the App.

In no event will we or any of our affiliates, or any of our or their directors, officers, employees, agents, attorneys, or content or services providers, be liable for any damages (including, without limitation, direct, indirect, special, incidental, consequential, exemplary, or punitive damages) arising from, or directly or indirectly related to, the use of, or the inability to use, the App (or the content, materials, and functions provided as part of the App), whether in an action of contract, negligence, or strict liability, even if we knew, should have known, or had been advised of the possibility of such damages.

Entire Agreement

These Terms and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the App, constitute the entire agreement between us and you with respect to the App.

Terms of Use