Terms of Use

The Baby Navigator Website (the “Website”) is operated and provided to you by FIRST WORDS® Project and Autism Navigator LLC, potentially in coordination with your health care provider or another sponsoring organization (“Sponsoring Organization”). The following terms and conditions, together with any documents they expressly incorporate by reference (the “Terms of Use”) govern your access to and use of the Website, including any content, functionality and services offered on, through or in combination with the Website.

Please read these Terms of Use carefully before you start to use the Website. You may use the Website only for lawful purposes and in accordance with these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

By consenting to these Terms of Use, you agree that you are providing your legal signature in electronic form, to the extent allowed by law. Children under thirteen (13) years of age are not permitted to submit information directly to the Website. By registering with the Website and accessing your account, you are attesting and warranting that you are the legal guardian of any child(ren) whose information you provide through the account and that all information is provided directly by you as the legal guardian.

Changes to the Terms of Use

We may make changes to the Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of such changes means that you accept and agree to the changes. You should check this page from time to time so that you are aware of any changes to the Terms of Use, as they are binding on you.

Access to the Website

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website or its telecommunications services, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material or data on the Website.
  • Use any manual process to monitor or copy any of the material or data on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
  • Use the Website to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of others.
  • Impersonate anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Display advertising or commercial content.

FIRST WORDS Project and Autism Navigator may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. You agree that FIRST WORDS Project and Autism Navigator shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of any feature or component of the Website. FIRST WORDS Project and Autism Navigator will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website, or the entire Website.

Full use of the Website requires Internet access and may be affected by the performance of such access. You are responsible for making all arrangements necessary for you to have access to the Website, including, without limitation up-to-date compatible browser software.

Content Ownership

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by FIRST WORDS Project and Autism Navigator, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, or create derivative works of, publicly display, publicly perform, republish, download, store, transmit or commercially exploit any part of the Website except as necessary to use or view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your use. All rights in the Website content not expressly granted to you by FIRST WORDS Project and Autism Navigator are retained by FIRST WORDS Project and Autism Navigator and its licensors.

The Baby Navigator name and all related names, logos, product and service names, designs and slogans are trademarks of Baby Navigator, FIRST WORDS Project, Autism Navigator, or its affiliates or licensors. You must not use such marks without the prior written permission of FIRST WORDS Project and Autism Navigator. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

If you violate any of these Terms of Use, our permission to you to use the Website automatically terminates.

Medical or Professional Services

Baby Navigator, FIRST WORDS Project, and Autism Navigator are not engaged in rendering medical or other professional services, and the availability or use of the Website is not intended to create, and does not, create, any medical or other professional services relationship. Use of the Website is not a substitute for medical or other professional advice, nor is it a substitute for any medical services provider using his or her knowledge, expertise and judgment in diagnosing and treating symptoms, illnesses or other physical and mental health conditions.

No Warranties; Limitation of Liability

YOU ARE RESPONSIBLE FOR ANY ACTS OR OMISSIONS RELATING TO YOUR USE OF THE WEBSITE AND FOR ANY DAMAGES INCURRED AS A RESULT THEREOF. THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DO NOT, AND OUR SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE AND OUR SUPPLIERS EACH DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ON BEHALF OF US AND OUR SUPPLIERS, ALL RESPONSIBILITY FOR ANY DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR CONTENT OR DATA AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST FIRST WORDS PROJECT, ITS PARTNERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS, IS TO DISCONTINUE USING THE WEBSITE.

Indemnification

You agree to defend, indemnify, and hold harmless FIRST WORDS Project, Autism Navigator, and its partners, affiliates, service providers, licensors, and its and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any and all losses, liabilities, damages, and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions, or demands related to or alleged to relate to: (a) your use of the Website; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property, privacy or other third-party rights or any applicable law in connection with your use of the Website. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.

General Terms

The Terms of Use and the resolution of any dispute related to the Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida without respect to its conflict of laws principles. The parties hereto consent to the exclusive jurisdiction of the courts of Florida and agree that venue of any action arising under this Agreement shall be in Leon County, Florida. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. FIRST WORDS Project and Autism Navigator’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FIRST WORDS Project and Autism Navigator in writing. These Terms of Use constitute the entire agreement between you and FIRST WORDS Project and Autism Navigator with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

Contact Us

This Website is operated by FIRST WORDS Project and Autism Navigator. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@babynavigator.com.

Privacy Policy

The Baby Navigator Website (the “Website”) is operated and provided to you by FIRST WORDS Project and Autism Navigator, potentially in coordination with your health care provider or another sponsoring organization (“Sponsoring Organization”). FIRST WORDS Project and Autism Navigator respect your privacy and is committed to protecting it though compliance with this Privacy Policy (“Policy”). This Policy explains how we handle the Personal Information we collect in connection with your use of the Website and how we use and disclose that information. “Personal Information” for purposes of this Policy means information that identifies you, such as your name, address, phone number, fax number or email address.

This Privacy Policy is also subject to the provisions of our Terms of Use. Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you should not use the Website. By accessing or using this Website or by clicking to accept or agree to the Policy when that option is made available to you, you accept and agree to be bound and abide by this Privacy Policy. This Policy may change from time to time. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

What Personal Information We Collect

We collect information that you provide directly to us. For example, we collect information when you communicate with us.

Children Under the Age of Thirteen

The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians about our practices for collecting, using and disclosing personal information from children under the age of 13. This Website is not intended for use by, and FIRST WORDS Project does not collect information from, children under thirteen (13) years of age. Any information collected about children under the age of thirteen must be provided by the child’s legal guardian. By registering with the Website and accessing your account, you are attesting and warranting that you are the legal guardian of any child(ren) whose information you provide through the account and that all information is provided directly by you as the legal guardian.

Third-Party Advertisers

We may contract with third-party advertisers who post ads on the Website, which may link to other websites not under our control. These third-party advertisers may use cookie technology to measure the effectiveness of their ads or may otherwise collected personally identifiable information for you when you leave the Website. We are not responsible or liable for any content, advertising, products or other materials offered by such advertisers. Transactions that occur between you and the third-party are strictly between you and the third-party and are not our responsibility. You should review the privacy policy of any third-party advertiser, as their policies may differ from ours. Baby Navigator does not endorse any linked site and the existence of any linked site does not necessarily mean that Baby Navigator has any affiliation, connection, endorsement or sponsorship of such websites and their owners or operators.

Automatic Information Collection

We may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.

The Website may use “cookies” and other technologies such as pixel tags and web beacons. Browser cookies are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer’s hard drive. These technologies tell us which parts of our Website you have visited and help us alert you to software compatibility issues. They are also used to analyze and improve our Website’s design and functionality. If you choose to delete cookies from your device or block them from being stored on your device, please note that the full functionality of the Website may not be available to you and you will not be able to login using your User ID.

“Web beacons” are images embedded in a web page for the purpose of measuring and analyzing usage and activity. Baby Navigator, or third-party service providers acting on our behalf, may use web beacons to help us analyze usage and activity.

We may use third-party service providers to help us analyze certain online activities and improve the Website. For example, these service providers may help us measure the performance of our Website or analyze visitor activity on the Website. We may permit these service providers to use cookies and other technologies to perform these services for Baby Navigator. We do not share any Personal Information about you with these third-party service providers, and these service providers do not collect such information on our behalf. Our third-party service providers are required to comply fully with this Policy.

Data Security

We use industry-standard technologies, such as firewall barriers, encryption techniques, and authentication procedures, among others, designed to protect the security of your data and to protect Website accounts and systems from unauthorized access; however, we do not represent or warrant that your data will be 100% secure.

If you have a security-related concern, please email support@babynavigator.com. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. FIRST WORDS Project and Autism Navigator do not represent, warrant, or guarantee that your Personal Information will be protected against unauthorized access, loss, misuse, or alterations.

Users Outside of the United States

Information that is submitted to this Website will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. user, you acknowledge and agree that FIRST WORDS Project may collect and use your information, as discussed in this Policy, outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries. By providing FIRST WORDS Project with your information, you acknowledge that you have read this Policy, understand it, agree to its terms and consent to the transfer of such information outside your resident jurisdiction. If you do not consent to the terms of this Policy, please do not use the Website.

Information Transmitted Through Other Means

This Privacy Policy applies solely to the information provided while using the Website and does not apply to information we collect via other, non-electronic means, including, but not limited to paper correspondence and oral conveyances.

Contact Us

This Website is operated by FIRST WORDS Project, LLC and Autism Navigator, LCC. All feedback, comments, requests for technical support and other communications relating to the Website or this Privacy Policy should be directed to: support@babynavigator.com.

Last Updated: February 15, 2019

Not sure where to go? We’re here to help: support@babynavigator.com