Overview
Thank you for visiting PottyMD.com (the "Site"). Our goal is to offer products and information in a secure, convenient setting to help you acquire the tools and methods available to help you overcome issues and problems with bedwetting, incontinence, and toilet training. We have established the following terms and conditions so that you and we know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.
Prices, products and promotions are subject to change without notice. Potty MD is not responsible for typographical errors or omissions.
Terms and Conditions of Website Access and Use
This website (the "Site") is provided as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes an unconditional agreement to follow and be bound by these Terms and Conditions. POTTYMD, LLC expressly reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the PottyMD.com Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. Because of this, POTTYMD, LLC requests that all users review these Terms and Conditions whenever you visit the Site.
Copyrights and Trademarks
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by POTTYMD, LLC and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of POTTYMD, LLC and is also protected by U.S. and international copyright laws.
Our trademarks include: PottyMD, Potty Monkey, WobL Watch, Wet-Stop, Wet-Stop 3+, and Wet-Detective.
© 2019 POTTYMD, LLC All Rights Reserved.
POTTYMD, LLC, and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer, and shall not be considered as conferring upon anyone, any license under any of POTTYMD, LLC's or any third party's intellectual property rights.
The POTTYMD, LLC names and logos and all related products and names, design marks and slogans are trademarks or service marks of POTTYMD, LLC All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply POTTYMD, LLC's endorsement, sponsorship or recommendation of the third party, information, product or service. POTTYMD, LLC is not responsible for the content or accuracy of material on any other websites. If you decide to link to any third party websites via a hyperlink on the Site, you do so entirely at your own risk and agree to hold POTTYMD, LLC harmless from any damage you might suffer by accessing or using the third party website.
Site Security
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for the user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. POTTYMD, LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from POTTYMD, LLC on this Site and other than generally available third party web browsers (e.g. Google Chrome, Microsoft Internet Explorer).
General
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of POTTYMD, LLC to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit POTTYMD, LLC's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Tennessee law. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Tennessee. The prevailing party under any such suit shall be entitled to an award of reasonable costs and attorneys fees.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to POTTYMD, LLC on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain POTTYMD, LLC's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to POTTYMD, LLC of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, POTTYMD, LLC will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
POTTYMD, LLC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
POTTYMD, LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Indemnification
You agree to defend, indemnify and hold POTTYMD, LLC and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Termination
These terms are effective unless and until terminated by either you or POTTYMD, LLC You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. POTTYMD, LLC also may terminate this Agreement at anytime and may do so immediately without notice, and accordingly deny you access to the Site, if in POTTYMD, LLC's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or POTTYMD, LLC, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.
Colors & Iamges
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
Disclaimer
THIS SITE IS PROVIDED BY POTTYMD, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. POTTYMD, LLC MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POTTYMD, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, POTTYMD, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE POTTYMD, LLC SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL POTTYMD, LLC OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE POTTYMD, LLC SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF POTTYMD, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL POTTYMD, LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Last updated 03/27/2019