Terms and Conditions for NICU Nook LLC

Last Updated April 7, 2023

Welcome to www.nicunook.com, operated by NICU Nook LLC.

By accessing or using the Website and the services provided therein (hereinafter collectively “Services”), you agree to be bound by these terms and conditions. If you do not agree with any of these terms, you may not use the website.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY NICU NOOK LLC PRODUCTS OR SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS.

NICU Nook LLC is meant to provide individuals with information and education. Stephanie Simon and Amanda Neilan, the creators of NICU Nook LLC, are a psychologist and nurse practitioner who provide general information about medical concerns and psychological and emotional issues, but they will not engage in rendering healthcare or psychological advice for any individual or for his/her/their particular situation.

NICU Nook’s course and social media accounts do not provide medical, mental health or any other type of healthcare service. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness of any consumer will be offered. NICU Nook cannot substitute for, and is not an alternative to, medical or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. NICU Nook consumers are advised to seek diagnosis, treatment and advice regarding medical or mental health conditions or illnesses from physicians, psychologists and other licensed healthcare professionals.

IMPORTANT NOTICE - ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THE TERMS OF SERVICE, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN SECTION 12 BELOW. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.

For information on how NICU Nook LLC collects, uses and shares any personal information, please see our Privacy Policy. If you reside outside of the European Economic Area, your acceptance of these Terms of Service constitutes your consent to the processing activities described in our Privacy Policy under the laws of your jurisdiction.

NICU Nook LLC reserves the right to change how it operates the NICU Nook LLC Service. You should NOT consider any description of how the NICU Nook LLC Service works to be a representation or obligation with respect to how the NICU Nook LLC Service will work in the future or for how long a period of time the services will be available.

1.1 The Services are for your personal and non-commercial use only. You may not use the website for any illegal or unauthorized purpose. You agree to comply with all applicable laws and regulations when using the website.

1.2 We may change, add or remove portions of these Terms of Service at any time by notifying you of the change in writing (including by email or by updating the date above after “Last Updated On”). Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site.

1.3 IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY DISCONTINUE YOUR USE OF THE WEBSITE AND OUR SERVICES YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS.

1.4 We may change, suspend or discontinue any aspect of the Website or the Services we offer at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

1.5 Being exposed to advertising is a condition of accessing the Services.

1. Intellectual Property Rights

2.1 All content on the website, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of NICU Nook LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or use any content on the website without the prior written consent of NICU Nook LLC.

2.1 All materials published or available on the Website (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the "Content") are protected by copyright, and owned or controlled by NICU Nook LLC or the party credited as the provider of the Content. NICU Nook LLC also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Website.

1. User Submissions

3.1 Any content that you submit to the website, including but not limited to comments, reviews, and user-generated content, becomes the property of NICU Nook LLC. By submitting content to the website, you grant NICU Nook LLC a non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, and distribute the content in any form, medium, or technology now known or later developed in the future.

3.2 If you upload, post or submit any content on the Service, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish on to the Website any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish on to the Website any malware, viruses, spyware, or other malicious software or files to the Website. You shall not use automated means to upload to, or distribute or otherwise publish onto, the Website any content.

 

Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."

3.3 Use respectful language. Like any community, the online conversation flourishes only when our members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Website.

3.4 Debate, but don't attack. In a community full of opinions and preferences, people always disagree. NICU Nook LLC.  encourages active discussions and welcomes debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Website.

3.5 The Website and any related services shall be used only in a noncommercial manner. You shall not, without the express approval of NICU Nook LLC., distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You may not use all or part of the Website to collect, store, or use any user information for any purpose not expressly permitted by these Terms of Service.

3.3 You acknowledge that any submissions you make to the Website or to our social media accounts (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by NICU Nook LLC.  and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Website may also be included in our RSS feeds and APIs and made available for republishing through other formats.

3.4 You grant NICU Nook LLC a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for NICU Nook LLC, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by NICU Nook LLC, including any Submission posted on or to the Services through a third party.

3.5 You are solely responsible for the content of your Submissions. However, while NICU Nook LLC does not and cannot review every Submission and is not responsible for the content of these messages, NICU Nook LLC reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.

 

3.6 By making a Submission, you are consenting to its display and publication on the Website and for related online and offline promotional uses.

4. PROHIBITED USE OF THE SERVICES

4.1 You may not access or use, or attempt to access or use, the Website to take any action that could harm us or a third party. You may not use the Website in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, or any content thereof, or make any unauthorized use thereof. Without NICU Nook LLC ’s prior written consent, you shall not:

(i) access any part of the Services, Content, data or information you do not have permission or authorization to access or for which NICU Nook LLC has revoked your access;

(ii) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise access or collect the Content, data or information from the Services using automated means;

(iii) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;

(iv) cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);

(v) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and

(vi) do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.

Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

 

5. PAYMENTS. NO REFUNDS; REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES

5.1 All sales are final, and NICU Nook LLC does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

5.2 The website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights. NICU Nook LLC.  does not warrant that the website will be uninterrupted or error-free, nor does it make any warranty as to the accuracy, completeness, or reliability of any information obtained through the website.

5.3 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) that you are at least thirteen years old if you are in the USA and the UK, and sixteen years old anywhere else; and (c) if you are under eighteen years old, your parent or legal guardian has read these Terms of Service and agreed to them and your use of the Service. You hereby indemnify, defend and hold harmless NICU Nook LLC. and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of: (i) any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants; or (ii) your gross negligence or willful misconduct. You shall cooperate as fully as reasonably required in the defense of any such claim. NICU Nook LLC.  reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5.4 NICU Nook LLC. does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. NICU Nook LLC will not be liable to you or any other person as a result of a user’s interactions with other users. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ALL SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, NICU Nook LLC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.

5.5 IN NO EVENT WILL NICU Nook LLC., ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS ("NICU Nook LLC PARTIES") BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE "EXCLUDED DAMAGES"). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE NICU Nook LLC.  PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE NICU Nook LLC. PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

5.6 You agree to indemnify, defend and hold NICU Nook LLC.,   and its affiliates, officers, agents, co-branders, licensors, partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your misuse of the NICU Nook LLC.  Service, Website or Apps, or any breach by you of these Terms of Service. NICU Nook LLC., reserves the right, at your expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with NICU Nook LLC., if and as requested by NICU Nook LLC., in the defense and settlement of such matter

6. REGISTRATION AND SECURITY

6.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address or by linking another account, such as your Apple, Facebook or Google accounts. You also can be requested to provide certain registration information, which must be accurate and updated.

Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of NICU Nook LLC. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person's authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account. There is no refund of any fees paid by you in the event of suspension or termination of your account.

You consent to receive notifications from us electronically to the e-mail address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

6.2 Please notify [email protected] of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

6.3 You must be 13 years or older to use any part of the Services in the USA and the UK, and 16 years or older anywhere else. If you are less than 18 years of age and would like to use, subscribe or register to any part of the Services, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the Services or ask them to complete the purchase and/or registration on your behalf.

6.4 You are responsible for all usage or activity on your account with NICU Nook LLC, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.

6.5 If your access to any Service has been provided by or through a third party (for example, your employer or an educational institution at which you are a student) (each, a “Client”), the Client may have provided us with information about you to enable us to provide you with access to the Services and distinguish you from other subscribers (such as your IP address, email address or name). 

 

7. FEES AND PAYMENTS

7.1. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time (see Section 10.1 regarding termination of service). All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.

7.2 Payments through our Website for our Services are hosted on Kajabi. They provide us with the online platform that allows us to sell our Products and services to you. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors Stripe or Paypal. By utilizing these payment processors to purchase Products and Services, you indemnify us and assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use. Stripe’s Privacy Policy can be found at https://stripe.com/privacy and Paypal’s Privacy Policy can be found at https://www.paypal.com/us/legalhub/privacy-full.

8. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES.

8.1 The Services contain links to third-party websites, resources, and advertisers (collectively, “Linked Content”). NICU Nook LLC does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Linked Content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such site.

9. SOFTWARE LICENSES

9.1 You shall have no rights to the videos, proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services ("Software"). You may not sublicense, assign or transfer any licenses granted by NICU Nook LLC, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software, the videos or the related documentation.

 

10. TERMINATION; SURVIVAL

10.1 You may terminate your account at any time by e-mailing us at [email protected].

10.2  NICU Nook LLC may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service. There is no refund of any fees paid by you in the event of suspension or termination of your account.

10.3 The provisions of these Terms of Service shall survive the termination of your account or access to all or part of the Services.

11. GOVERNING LAW; JURISDICTION

11.1 These Terms of Service have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of New York as an agreement wholly performed therein without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable).

11.2 Any claim or cause of action arising out of or related to use of the Services or these Terms of Services must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. 

12. WAIVER OF CLASS ACTIONS; ARBITRATION

12.1 Binding Arbitration. You and NICU Nook LLC acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, you and NICU Nook LLC agree that, except for i) statutory or common law claims related to intellectual property, and ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to the Terms of Service, your relationship to NICU Nook LLC as a subscriber, or your use of any of NICU Nook LLC’s Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration.  YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY.  INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

12.2 WAIVER OF CLASS ACTIONS. YOU AND NICU Nook LLC AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION.

12.3. Conduct of Arbitration; Governing Rules.  Arbitrations for any disputes between us relating to the Covered Claims will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org.  All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision–including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision–are for the court to decide.  As stated in Section 11, New York law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision.  This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide individualized written notice of the potential claim to the opposing party setting forth (i) the factual and legal basis for the claim; (ii) contact information for the potential claimant and their counsel, if any; and (iii) the remedies sought, including the amount of claimed monetary damages (the “Notice”).  Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 30 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action.

Unless you and NICU Nook LLC agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules.  Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.

Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of New York in the State of New York. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. 

12.4 For all litigation regarding Excluded Claims and any other controversy or claim for which arbitration is denied, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of New York in the State of New York.

12.5 All provisions of this Dispute Resolution – Arbitration and Waiver of Class Actions Section shall survive termination of these Terms of Service and the Terms of Sale, your relationship with us, and/or your account or profile

13. MISCELLANEOUS

13.1 These Terms of Service have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Brooklyn, New York.

13.2 Nothing in these Terms of Service will serve to preempt the promises made in our Privacy Policy.

13.3 Correspondence should be sent to [email protected].

13.4 You agree to report any violations of the Terms of Service to NICU Nook LLC as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in a Service, please notify [email protected].

13.5 Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.

13.6 If a provision of these Terms of Service is held invalid or unenforceable for any reason, that provision will be deemed severable and shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties. The validity and enforceability of any remaining provisions will not be affected and such provisions shall remain in full force and effect.

13.7 If you are a California resident, under California Civil Code Section 1789.3, you may contact us at [email protected] in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.13.8 Severability:

If any provision of these Terms of Service is deemed unlawful, void or for any reason unenforceable, then that provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.