Terms and Conditions
M&M Advisers LLC
d/b/a What To Do by Nana Sue
Effective Date: January 1, 2026 | Version 1.0
PLEASE READ THESE TERMS CAREFULLY
These Terms contain a BINDING ARBITRATION AGREEMENT (Section 15) that requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us. Arbitration prevents you from suing in court or from having a jury trial.
You and we agree to notify each other in writing of any dispute within thirty (30) days of when it arises and to attempt to resolve the dispute informally. You and we also both agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others.
By using the Website, booking Services, purchasing Products, or accessing any Content provided by us, you agree to be bound by these Terms and Conditions. If you do not agree with any of these Terms, including the binding arbitration provision, you must immediately discontinue use of the Website and Services.
These Terms and Conditions are effective as of the Effective Date above. We may change these Terms and Conditions in the future, so we encourage you to review them periodically. Changes will be effective immediately upon posting the updated Terms on our Website. Your continued use of the Website or Services after changes are posted constitutes your acceptance of the revised Terms.
Table of Contents
- Introduction and Definitions
- Services Overview
- Eligibility and Account Requirements
- Nature of Services – Educational, Not Medical
- Informed Consent for Training Services
- Health Screening and Contraindications
- Assumption of Risk and Release of Liability
- Booking, Payment, and Cancellation
- Virtual Services Terms
- Educational Products and Materials
- Intellectual Property Rights
- User Conduct and Prohibited Activities
- Privacy Policy
- Disclaimers and Limitations of Liability
- Dispute Resolution and Binding Arbitration
- Class Action Waiver
- Governing Law and Venue
- Termination and Suspension
- General Provisions
1. Introduction and Definitions
These Terms and Conditions ("Terms," "Agreement," or "Terms and Conditions"), together with our Privacy Policy, govern your use of services and features on the website(s) and mobile application(s) owned or controlled by M&M Advisers LLC, a New York limited liability company, doing business as "What To Do by Nana Sue" and "Mobility and Movement Advisers" ("MMA," "we," "us," or "our"), including what2dobaby.com, and your purchase of any products or use of any services provided by us.
Definitions:
- "Website" means what2dobaby.com and any related websites, mobile applications, or digital platforms operated by MMA.
- "Services" means all services offered by MMA, including in-person training services, virtual consultations, educational programs, and any other services described on the Website.
- "Products" means all educational materials, books, playbooks, pamphlets, digital content, and other products offered for sale by MMA.
- "Content" means all information, text, graphics, photographs, videos, audio, software, and other materials available on or through the Website.
- "User," "you," or "your" means the individual accessing the Website or using the Services, or the parent/legal guardian booking Services on behalf of a minor child.
- "Participant" means the infant or child for whom Services are booked.
- "In-Person Services" means group classes and private consultations conducted in person in New York.
- "Virtual Services" means online consultations and digital educational programs conducted via video conference or other remote means.
You may access the Website from a computer, mobile phone, tablet, or other device, and these Terms govern your use regardless of the means of access.
2. Services Overview
MMA offers the following categories of services and products:
2.1 In-Person Training Services (New York Only)
- Group Movement Classes: Educational sessions where caregivers and infants participate together in guided movement activities, developmental exercises, and structured play. Classes focus on supporting infant motor development through evidence-informed techniques.
- Private Consultations: One-on-one sessions conducted at our facility or at the client's home in New York, where we observe infant movement patterns, discuss developmental progress, demonstrate techniques, and provide personalized guidance.
2.2 Virtual Services (Worldwide)
- Online Consultations: Individual video-based consultations where we provide educational guidance, instruction, and support for infant mobility development remotely.
- Digital Educational Programs: Pre-recorded or live online classes, workshops, webinars, and educational content accessible via the internet.
2.3 Educational Products and Materials
- "What To Do" Playbook: Comprehensive guide to infant mobility development (available in digital and/or print formats).
- Educational Materials: Pamphlets, guides, articles, videos, and other instructional content in digital or physical format.
- Digital Content: Downloadable or streaming educational videos, audio content, and written materials.
3. Eligibility and Account Requirements
3.1 Age Requirement
You must be at least 18 years of age to use the Website, book Services, or purchase Products. By using the Website or booking Services, you represent and warrant that you are at least 18 years old. All Services involving infants and children are provided to the parent or legal guardian. Minors may not book Services or create accounts.
3.2 Parental/Guardian Authority
If you are booking Services for an infant or child, you represent and warrant that:
- You are the parent or legal guardian of the Participant with full legal authority to make decisions regarding their participation in physical activities and educational programs
- You have the legal right to enter into this Agreement on behalf of the Participant
- If you share custody or parental rights, you either have sole authority to enroll the Participant without the other parent's consent, OR you have obtained all necessary consents
3.3 Account Information
When you create an account or book Services, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Be responsible for all activity that occurs under your account
- Notify us immediately of any unauthorized use of your account
3.4 Geographic Restrictions
- In-Person Services are available only to clients located in New York
- Virtual Services are available worldwide, subject to your compliance with applicable local laws
- Products may be shipped to addresses we designate; see Product terms for details
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. You are solely responsible for your compliance with local laws.
4. Nature of Services – Educational, Not Medical
4.1 Educational Purpose
MMA provides educational instruction and guidance regarding infant mobility, motor development, and developmental milestones. Our Services are designed to help caregivers understand and support their infant's natural movement development through play-based learning, proper positioning, and developmentally appropriate activities.
4.2 Not Medical Treatment
CRITICAL DISTINCTION:
MMA Services are NOT medical diagnosis, treatment, therapy, or healthcare services.
Even though our primary instructor, Dr. Sue Weber, holds professional credentials as a Doctor of Chiropractic (DC) and specialist in pediatric musculoskeletal health, the Services provided through MMA are strictly educational and instructional in nature.
We do NOT:
- Diagnose medical conditions or developmental disorders
- Provide chiropractic adjustments, manipulations, or medical treatment
- Offer physical therapy, occupational therapy, or medical interventions
- Prescribe treatment plans for medical or therapeutic purposes
- Replace or substitute for medical, therapeutic, or healthcare services
4.3 Consult Healthcare Providers
You acknowledge and agree that MMA Services are not a substitute for professional medical advice, diagnosis, or treatment. You should consult your infant's pediatrician, physician, or qualified healthcare provider:
- Before beginning any Services with MMA
- If you have any concerns about your infant's development, health, or safety
- If your infant has any medical conditions, injuries, developmental delays, or special needs
- Before implementing any techniques or activities learned through our Services
- If you observe any concerning symptoms or reactions
4.4 Caregiver-Led Implementation
All Services are caregiver-led and parent-directed. You, the parent or guardian, are solely responsible for:
- Making all decisions regarding your infant's participation
- Implementing (or choosing not to implement) any techniques or guidance provided
- Supervising your infant at all times during and after participation
- Determining what is appropriate and safe for your infant based on your knowledge of their individual needs and circumstances
MMA provides instruction and education; you retain complete decision-making authority.
5. Informed Consent for Training Services
5.1 Voluntary Participation
Participation in all MMA Services is completely voluntary. By booking or attending Services, you acknowledge that you have chosen to participate of your own free will, without coercion or pressure.
5.2 Understanding of Services
You acknowledge that you understand:
In-Person Services entail:
- Educational sessions where caregivers and infants participate together
- Guided movement activities, developmental exercises, and structured play
- Instruction, demonstration, discussion, and hands-on practice
- Physical activity by both caregivers and infants
- Floor-based movement, positioning techniques, and motor skill activities appropriate for the infant's age
Virtual Services entail:
- Video-based educational consultation and instruction
- Remote observation (if video is shared) and discussion
- Demonstration of techniques via video conference
- Guidance for activities you implement in your own environment
- Technology requirements and potential connectivity issues
5.3 Expected Benefits
Potential benefits of MMA Services may include:
- Increased knowledge of infant motor development and milestones
- Greater confidence in supporting your infant's movement development
- Practical skills for developmentally appropriate play and positioning
- Understanding of how to create environments that encourage motor development
- Community connection with other caregivers (in group settings)
5.4 No Guaranteed Outcomes
You understand and acknowledge that we cannot and do not guarantee any specific developmental outcomes. Every infant develops at their own individual pace. Results vary based on factors including infant's age, health, developmental stage, and individual variation.
5.5 Right to Decline or Discontinue
You have the right to:
- Decline any activity, technique, or suggestion at any time
- Modify activities based on your infant's comfort and your judgment
- Stop participation immediately if you have any concerns
- Withdraw from Services entirely (subject to cancellation policy in Section 8)
- Ask questions at any time
6. Health Screening and Contraindications
6.1 Health Acknowledgment
By booking Services, you acknowledge and represent that:
- Your infant is generally healthy and able to participate in movement activities appropriate for their developmental stage
- You are not aware of any medical conditions, injuries, or health concerns that would make participation unsafe or inappropriate
- You will immediately inform us if you become aware of any health issues affecting your infant
6.2 Duty to Disclose
You agree to disclose to MMA before participating if your infant has or has had:
Medical Conditions:
- Cardiac, respiratory, or neurological conditions
- Orthopedic conditions, joint issues, or bone disorders
- Genetic disorders or chromosomal conditions
- Metabolic or endocrine disorders
- Immune system disorders
- Any diagnosed medical condition requiring ongoing care
Developmental or Physical Concerns:
- Developmental delays identified by healthcare providers
- Hypotonia (low muscle tone) or hypertonia (high muscle tone)
- Cerebral palsy or movement disorders
- Vision or hearing impairments
- Feeding difficulties, reflux, or aspiration concerns
- Torticollis or plagiocephaly
- Any physical limitations or concerns
Birth and Medical History:
- Premature birth or low birth weight
- Birth complications or trauma
- NICU stay or hospitalization
- Recent illness, surgery, or medical procedures
- Seizure history
- Allergies or sensitivities relevant to participation
6.3 Medical Clearance
If your infant has any significant medical condition, developmental delay, or health concern, you should obtain clearance from your infant's healthcare provider before participating. MMA reserves the right to require medical clearance before accepting enrollment, exclude participation if we have safety concerns, or defer enrollment until appropriate clearance is obtained.
6.4 Contraindications – Do Not Participate If:
You should NOT participate in Services if your infant:
- Has an acute illness, fever, or contagious condition
- Has a fracture, acute injury, or is in acute pain
- Is experiencing distress or is medically unstable
- Has been specifically advised by a healthcare provider to avoid the types of activities in our Services
- Has any condition that you or we reasonably believe makes participation unsafe
6.5 Warning Signs During Services
You must immediately stop activity and notify us if your infant exhibits:
- Excessive crying, distress, or signs of pain
- Difficulty breathing or respiratory distress
- Unusual lethargy, unresponsiveness, or altered consciousness
- Vomiting or signs of illness
- Any injury or concerning physical response
- Skin color changes (pallor, cyanosis)
- Any behavior or symptom that concerns you
If you observe any emergency symptoms, call 911 immediately.
7. Assumption of Risk and Release of Liability
7.1 Acknowledgment of Risks
You understand, acknowledge, and voluntarily assume all risks associated with participation in MMA Services, including but not limited to:
Risks to Infants:
- Minor bumps, bruises, scratches, or scrapes during movement activities
- Muscle soreness or fatigue from physical activity
- Falls or loss of balance during developmental activities (e.g., tummy time, rolling, sitting, crawling, standing)
- Temporary discomfort during position changes or new activities
- Over-exertion, over-stimulation, or fussiness
- Allergic reactions to materials, equipment, or environment
- Exacerbation of pre-existing medical conditions
- In rare cases, more serious injury including but not limited to fractures, head injury, or other trauma
Risks to Caregivers:
- Physical strain from holding, lifting, positioning, or moving with infant
- Back, neck, shoulder, or joint discomfort from floor-based activities
- Muscle soreness from physical activity
- Minor injuries (bumps, bruises, strains)
Virtual Services Risks:
- Misunderstanding of verbal or visual instructions delivered remotely
- Improper implementation of techniques without direct supervision
- Inability to receive immediate intervention if needed
- Technology failures preventing effective communication
- Risks associated with implementing activities in your home environment without direct observation
7.2 Assumption of Risk
YOU VOLUNTARILY ASSUME ALL RISKS associated with your and your infant's participation in MMA Services, whether those risks are known or unknown, foreseen or unforeseen, disclosed or undisclosed.
You understand that these risks cannot be eliminated entirely regardless of the care taken to avoid injuries. You are choosing to participate despite these risks.
7.3 Caregiver Supervision and Sole Responsibility
You acknowledge and agree that:
- You are solely responsible for your infant's safety and wellbeing at all times
- You will maintain constant visual and physical supervision of your infant during all Services
- You will intervene immediately if you observe any unsafe situation or if your infant is in distress
- You will make all final decisions regarding your infant's participation in any activity
- You will use your own parental judgment in determining what is appropriate and safe for your infant
- MMA is not responsible for decisions you make regarding implementation of techniques or activities
7.4 Release and Waiver of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, you, on behalf of yourself, your infant Participant, and your heirs, executors, administrators, successors, and assigns, hereby:
RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE M&M Advisers LLC, its members, managers, officers, employees, independent contractors, instructors (including Dr. Sue Weber), agents, representatives, affiliates, successors, and assigns, as well as any facility owners, landlords, or property owners where Services are provided (collectively, "Released Parties"), from any and all liability, claims, demands, actions, causes of action, damages, losses, costs, and expenses (including attorneys' fees) of any kind whatsoever, directly or indirectly arising out of or related to:
- Your or your infant's participation in MMA Services
- Any loss, damage, injury, illness, or death that may be sustained by you or your infant
- Your or your infant's use of any facilities, premises, equipment, or materials
- Any act, omission, negligence, or conduct of the Released Parties
- Any property damage or loss
- Any other matter related to your use of Services
WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
7.5 Indemnification
You agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to:
- Your or your infant's participation in Services
- Your breach of this Agreement or violation of any law
- Any injury or damage caused by you or your infant to any third party or property
- Any misrepresentation or failure to disclose material health information
- Your implementation of techniques or activities learned through Services
- Any claims brought by other parents, co-parents, or third parties related to your enrollment of the Participant
7.6 Acknowledgment of Understanding
BY USING SERVICES OR ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT:
- ✓ You have read and fully understand this Assumption of Risk and Release of Liability section
- ✓ You understand you are giving up substantial legal rights, including the right to sue for negligence
- ✓ You are accepting these terms freely and voluntarily without any inducement or pressure
- ✓ You intend for this release to be as broad and inclusive as permitted by law
- ✓ If any portion is held invalid, the remainder shall continue in full legal force and effect
- ✓ You have had the opportunity to seek independent legal advice before accepting these Terms
8. Booking, Payment, and Cancellation
8.1 Booking Process
Services are booked through MMA's online booking system (e.g., via our Website or third-party platforms) or as otherwise arranged with MMA. By completing a booking, you agree to all Terms of this Agreement.
8.2 Payment Terms
- Payment is due at the time of booking unless otherwise specified
- Payment must be made through the payment methods available on the Website or booking platform
- Prices are as posted at the time of booking
- All prices are in United States Dollars (USD)
- Sales tax will be added where applicable under New York or other applicable law
- MMA reserves the right to change prices at any time, but changes will not affect already-confirmed bookings
8.3 Rescheduling and Cancellation by Client
Reschedule-Only Policy:
All bookings are non-refundable. MMA does not offer cash or credit card refunds for client-initiated cancellations.
24-Hour Notice Requirement:
You may reschedule your booking at no additional cost provided that written notice is received at least 24 hours prior to the scheduled service time.
Late Changes & No-Shows:
Rescheduling requests made with less than 24 hours' notice, as well as no-shows, will result in the forfeiture of the full payment. No credits or reschedules will be granted for late requests.
Validity of Credit:
Once a session is rescheduled, the credit must be used within 90 days of the original appointment date, subject to Nana Sue's availability.
How to Reschedule:
- Rescheduling requests must be submitted through the booking system or by email to whattodobynanasue@gmail.com
- Voicemail, text message, or social media messages are NOT accepted as valid rescheduling requests
- Rescheduling is effective when confirmed by MMA
- Rescheduling is subject to availability
Emergency Exceptions:
MMA may, in its sole discretion, consider exceptions to the 24-hour policy for:
- Serious illness or injury (of participant or caregiver)
- Family emergencies
- Unavoidable circumstances beyond your control
Exception requests must be made in writing to whattodobynanasue@gmail.com and will be evaluated case-by-case.
9. Virtual Services Terms
9.1 Technology Requirements
For Virtual Services, you are responsible for:
- Providing a reliable internet connection
- Having a device with video and audio capabilities (computer, tablet, or smartphone)
- Using a supported video conferencing platform (Zoom, Google Meet, or as specified)
- Having adequate lighting and a quiet environment for effective communication
- Testing technology in advance of the scheduled session
MMA is not responsible for technical difficulties on your end, including internet connectivity issues, device malfunctions, or platform errors.
9.2 Recording
No recording without consent:
- You may not record (audio or video) any Virtual Service session without express written permission from MMA
- MMA may record sessions for quality assurance or training purposes only with your prior consent
- Any permitted recordings are for personal use only and may not be shared, distributed, or used commercially
9.3 Limitations of Virtual Services
You acknowledge that Virtual Services have inherent limitations:
- MMA cannot physically intervene if safety concerns arise
- Observation is limited to what is visible on camera
- Misunderstanding may occur due to technology issues
- Effectiveness depends on your implementation in your environment
- Direct hands-on demonstration and correction is not possible
10. Educational Products and Materials
10.1 Product Availability
Products are available for purchase as displayed on the Website. Availability, pricing, and specifications are subject to change without notice.
10.2 Digital Products
For digital Products (e-books, PDFs, videos, streaming content):
License Grant:
You receive a limited, non-exclusive, non-transferable, revocable license to access and use digital Products for personal, non-commercial use only.
Restrictions - You may NOT:
- Copy, reproduce, or distribute digital Products
- Share login credentials or access with others
- Use Products for commercial purposes or to provide instruction to others
- Modify, reverse engineer, or create derivative works
- Remove any copyright or proprietary notices
10.3 Product Disclaimers
All Products are for educational and informational purposes only.
Products are not medical advice and should not replace consultation with healthcare professionals. We do not warrant that Products will meet your specific needs, that information is complete or error-free, or that Products are appropriate for all infants.
11. Intellectual Property Rights
11.1 MMA Content and Ownership
All content on the Website and in our Services and Products, including but not limited to text, graphics, images, photographs, videos, audio recordings, logos, trademarks, service marks, software, educational methods, techniques, curricula, instructional materials, "What To Do" methodology and framework, and all other materials and intellectual property (collectively, "MMA Content") are owned by or licensed to MMA and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
11.2 Limited License to Users
MMA grants you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Website for personal, non-commercial purposes
- View MMA Content solely in connection with your use of Services
- Download or print limited portions of publicly available content for personal reference only
This license does not grant you any ownership rights in MMA Content.
11.3 Prohibited Uses
You may NOT:
- Copy, reproduce, distribute, republish, download, display, post, or transmit MMA Content except as expressly permitted
- Modify, create derivative works from, or reverse engineer any MMA Content
- Use MMA Content for any commercial purpose
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices
- Use any Marks without express written permission
- Use automated systems (bots, scrapers, crawlers) to access or collect MMA Content
- Teach, train, or provide instruction to others using MMA's proprietary methods without authorization
- Record, photograph, or capture MMA demonstrations, classes, or instructional content without permission
11.4 User Submissions
If you submit or post content to MMA (e.g., testimonials, reviews, photos, feedback), you retain ownership of your content but grant MMA a worldwide, perpetual, irrevocable, royalty-free, transferable license to use, reproduce, modify, adapt, publish, display, and distribute your content in any media for any purpose, including marketing and promotional purposes.
12. User Conduct and Prohibited Activities
12.1 Acceptable Use
You agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You will:
- Comply with all applicable laws and regulations
- Provide accurate and truthful information
- Maintain the security of your account
- Respect the rights of MMA and other users
- Conduct yourself in a respectful and appropriate manner
12.2 Prohibited Activities
You may NOT:
Account and Access Violations:
- Create accounts using false information or impersonate others
- Share your account credentials with others
- Access another user's account without permission
- Circumvent security measures or access restrictions
- Use automated tools to access the Website (bots, scrapers, etc.)
Content Violations:
- Post, upload, or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
- Violate any intellectual property rights
- Share private or confidential information without authorization
- Post spam, advertisements, or solicitations
Safety Violations:
- Engage in conduct that threatens the safety of any person
- Bring weapons, illegal substances, or prohibited items to in-person Services
- Attend Services while under the influence of alcohol or drugs
- Violate facility rules or policies
12.3 Consequences of Violations
If you violate these Terms, MMA may, in its sole discretion:
- Terminate or suspend your access to the Website and Services
- Cancel your bookings without refund
- Remove or disable any content you posted
- Report violations to law enforcement
- Pursue legal action for damages or injunctive relief
12.4 Facility and Class Rules
When participating in in-person Services, you must:
- Arrive on time and follow all instructions
- Supervise your infant at all times
- Respect other participants and instructors
- Follow all facility rules and safety guidelines
- Clean up after yourself and leave the space as you found it
- Not bring other children unless specifically permitted and registered
- Refrain from disruptive behavior
MMA reserves the right to immediately remove any participant who violates safety rules, disrupts the session, or behaves inappropriately. No refunds will be provided for removal due to conduct violations.
13. Privacy Policy
Our Privacy Policy is incorporated into and forms part of these Terms. By using the Website or Services, you acknowledge and agree to the terms of our Privacy Policy.
We collect and use personal information as described in our Privacy Policy, including:
- Contact information (name, email, phone, address)
- Account and booking information
- Health information related to your infant (as disclosed by you)
- Payment information (processed by third-party payment processors)
- Usage data and analytics
14. Disclaimers and Limitations of Liability
14.1 Services and Content "As Is"
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
MMA PROVIDES THE WEBSITE, SERVICES, PRODUCTS, AND CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
14.2 No Medical Warranties
WE EXPRESSLY DISCLAIM:
- Any warranty that Services will diagnose, treat, cure, or prevent any condition
- Any warranty regarding developmental outcomes or milestones
- Any warranty that techniques or methods will be effective for all infants
- Any warranty that information is complete, current, or suitable for your particular situation
14.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MMA OR ANY RELEASED PARTIES BE LIABLE TO YOU FOR:
A. INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, including but not limited to: lost profits, revenue, or business opportunities; loss of data or information; loss of goodwill or reputation; costs of substitute services; emotional distress, pain and suffering, or personal injury (except where law prohibits exclusion).
B. ANY DAMAGES ARISING FROM: Your use of or inability to use the Website, Services, or Products; any interruption, suspension, or termination of Services; any errors, omissions, or inaccuracies in Content; your implementation of techniques or information from Services or Products; your infant's developmental trajectory or any outcomes; technology failures or connectivity issues.
C. TOTAL LIABILITY CAP: MMA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO MMA IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.
15. Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY
It significantly affects your legal rights, including your right to file a lawsuit in court.
15.1 Agreement to Arbitrate
You and MMA agree that any dispute, claim, or controversy between you and MMA arising out of or relating to these Terms and Conditions, the Website, Services, Products, Content, any aspect of your relationship with MMA, any alleged breach of this Agreement, any advertising or marketing, or your personal information or privacy ("Dispute") shall be resolved exclusively by binding individual arbitration, except as set forth in Section 15.9 (Excluded Disputes).
This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and evidences a transaction involving interstate commerce. The arbitrator, not a court or jury, will resolve all Disputes, including the scope and enforceability of this arbitration agreement and whether a particular Dispute is arbitrable.
15.2 Informal Dispute Resolution Requirement
Before initiating arbitration, you and MMA agree to attempt to resolve the Dispute informally. A party who intends to seek arbitration must first send written notice ("Notice of Dispute") to the other party at whattodobynanasue@gmail.com (for MMA) or to your most recent email address on file (for you).
After receiving a Notice of Dispute, the parties agree to participate in a good-faith informal dispute resolution conference ("IDR Conference") within 60 days. Both you and at least one corporate representative of MMA must personally participate. Participation in the IDR Conference is a mandatory condition precedent to arbitration.
15.3 Arbitration Procedures
If the Dispute is not resolved through the IDR Conference, either party may initiate binding arbitration. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at www.adr.org), as modified by this Agreement.
- The seat of arbitration shall be New York, New York (unless the parties agree otherwise)
- Hearings may be conducted by telephone, videoconference, or in person as the arbitrator determines
- The arbitrator must apply the substantive law of New York
- The arbitrator may award any relief available in court under law or equity
- The arbitrator must issue a reasoned written decision if requested by any party
- The arbitrator's decision is final and binding
15.4 Individual Arbitration Only
You and MMA agree that arbitration will be conducted on an individual basis only.
- No class arbitrations, class actions, or representative actions are permitted
- You may not bring claims on behalf of others or participate in representative capacity
- The arbitrator may not consolidate claims of multiple parties
- The arbitrator may not preside over any form of class or representative proceeding
15.5 Opt-Out Provision for New Users
IF YOU ARE A NEW USER (using the Website or Services for the first time after the Effective Date of these Terms), you may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to whattodobynanasue@gmail.com with the subject "Arbitration Opt-Out" and including your name, email, and contact information.
15.6 Excluded Disputes
The following Disputes are NOT subject to arbitration and may be brought in court:
- Small Claims Court actions (if the claim qualifies and proceeds on an individual basis)
- Intellectual Property Claims (seeking to enforce or protect copyrights, trademarks, patents, trade secrets)
- Claims for injunctive or equitable relief necessary to prevent irreparable harm
- Claims that applicable federal statute expressly prohibits from arbitration
16. Class Action Waiver
YOU AND MMA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
This means: No class actions, no class arbitrations, no representative actions, and no PAGA actions. Each party may only seek relief on an individual basis for their own injuries or damages.
If this Class Action Waiver is found to be invalid or unenforceable, the arbitration agreement in Section 15 becomes void, and any class, consolidated, or representative claims must proceed in court (not arbitration). Individual claims remain subject to arbitration.
17. Governing Law and Venue
17.1 Governing Law
These Terms and any Disputes (except to the extent governed by the Federal Arbitration Act) shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
17.2 Venue for Non-Arbitrable Disputes
For any Dispute not subject to arbitration (as set forth in Section 15.6), you and MMA consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York. You waive any objection to venue in these courts and waive any claim that these courts are an inconvenient forum.
17.3 Jury Trial Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND MMA WAIVE THE RIGHT TO A JURY TRIAL in any legal proceeding arising out of or relating to these Terms or the relationship between the parties. Any such proceeding will be decided by a judge.
17.4 Statute of Limitations
To the fullest extent permitted by law, any claim or cause of action arising out of or related to the Website, Services, Products, or these Terms must be filed within TWO (2) YEARS after the claim or cause of action accrues, or it will be FOREVER BARRED.
18. Termination and Suspension
18.1 Termination by You
You may terminate your relationship with MMA at any time by ceasing to use the Website and Services, closing your account (if applicable), and sending written notice to whattodobynanasue@gmail.com. Termination does not relieve you of obligations incurred prior to termination, including payment obligations, liability releases, and arbitration agreements.
18.2 Termination or Suspension by MMA
MMA may, in its sole discretion, immediately terminate or suspend your access to the Website or Services, without notice and without liability, for any reason or no reason, including if:
- You breach any provision of these Terms
- You engage in prohibited conduct
- You provide false or misleading information
- Your conduct poses a safety risk
- We suspect fraud, unauthorized access, or illegal activity
- Required by law or legal process
18.3 Survival
The following provisions survive termination or expiration of this Agreement: Section 7 (Assumption of Risk and Release of Liability), Section 11 (Intellectual Property Rights), Section 14 (Disclaimers and Limitations of Liability), Section 15 (Dispute Resolution and Arbitration), Section 16 (Class Action Waiver), Section 17 (Governing Law and Venue), all payment obligations, and any other provision that by its nature should survive.
19. General Provisions
19.1 Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any other policies or agreements incorporated by reference, constitute the entire agreement between you and MMA regarding the subject matter herein and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
19.2 Modifications and Updates
MMA may modify these Terms at any time by posting the revised Terms on the Website with a new Effective Date. Your continued use of the Website or Services after changes are posted constitutes acceptance of the modified Terms. If you do not agree to modified Terms, your sole remedy is to discontinue use of the Website and Services.
19.3 Severability
If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable. Exception: If the Class Action Waiver (Section 16) is found unenforceable, the entire arbitration agreement becomes void.
19.4 Assignment
You may not assign or transfer these Terms or any rights hereunder without MMA's prior written consent. MMA may freely assign or transfer these Terms to any third party without restriction or notice to you, including in connection with a merger, acquisition, sale of assets, or by operation of law.
19.5 Indemnification
You agree to indemnify, defend, and hold harmless MMA and all Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or related to:
- Your use of the Website, Services, or Products
- Your breach of these Terms or violation of any law or regulation
- Your violation of any rights of any third party
- Your misrepresentation or failure to disclose material health information
- Your implementation of techniques or activities learned through Services
- Any injury or damage caused by you or your infant to third parties or property
- Claims by other parents, co-parents, or family members related to your enrollment of the Participant
19.6 Notices
All notices to MMA must be sent in writing to whattodobynanasue@gmail.com. Notices to you will be provided by email to the address on file with MMA, by posting on the Website, or by mail to your address on file. You are responsible for keeping your contact information current.
19.7 Electronic Communications and Signatures
You consent to receive communications from MMA electronically. Electronic communications satisfy any legal requirement that communications be in writing. You agree that your electronic acceptance of these Terms (by clicking "I agree," creating an account, booking Services, or using the Website) constitutes your signature and is legally binding.
ACKNOWLEDGMENT AND ACCEPTANCE
BY USING THE WEBSITE, BOOKING SERVICES, PURCHASING PRODUCTS, OR CLICKING "I ACCEPT" OR "I AGREE," YOU ACKNOWLEDGE THAT:
- ✓ You have read, understood, and agree to be bound by these Terms and Conditions
- ✓ You have read and agree to the Privacy Policy
- ✓ You understand that these Terms include a binding arbitration agreement and class action waiver that affect your legal rights
- ✓ You are waiving your right to sue in court and to have disputes decided by a judge or jury
- ✓ You are waiving your right to participate in class actions or representative proceedings
- ✓ You understand the nature of the Services as educational, not medical
- ✓ You acknowledge the risks involved in participation and release MMA from liability
- ✓ You represent that you have the legal authority to enter into this Agreement
- ✓ If booking Services for a minor, you are the parent or legal guardian with authority to consent
- ✓ All information you provide is accurate and complete
- ✓ You have had the opportunity to ask questions and seek independent legal advice
- ✓ You are voluntarily accepting these Terms without coercion or inducement
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE OR SERVICES.
M&M Advisers LLC
d/b/a What To Do by Nana Sue
d/b/a Mobility and Movement Advisers
Effective Date: January 1, 2026 | Version 1.0
For questions about these Terms, contact: whattodobynanasue@gmail.com