Terms & Conditions
1. Acceptance of Terms
The Services are subject to the following Terms and Conditions (the “Terms”) which form a binding agreement between you and us, and govern your use of our Services.
We reserve the right to update the Terms at any time. The most up-to-date version of the Terms will always be available on www.birthsense.us. Violating these Terms may result in the suspension or deletion of Services.
2. We shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Changed Terms
We reserve the right at any time to change or modify the terms and conditions that apply to your use of the Services, or any part thereof including any software featured on the Websites, or to impose new conditions, including but not limited to usage or service fees. Such changes, modifications, additions or deletions shall be effective immediately upon issuance of reasonable notice. Reasonable notice may take the form of postings on www.birthsense.us, email notifications, conventional mailings, in-software prompts, or other commercially viable means. Any use of www.birthsense.us after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions. You understand and agree that these Terms will be entered into electronically and you further agree that Company may provide information or updates to you relating to the Services or these Terms, including materially relevant information, by electronic means, including through its Websites, by electronic mailing, or any commercially reasonable method of electronic communications. You agree that to accept such means of communication. Notwithstanding the foregoing, Company reserves the right to communicate with you through paper format, via United States postal mail, FedEx, UPS, facsimile transmission, or other means so long as such means of communication are commercially reasonable.
3. Not Medical Advice
This web site and/or domain, including www.birthsense.us (Site) and the materials on this Site have been prepared solely for informational purposes only and are not intended to be nor can they be construed as medical advice. The Services are also intended for such informational purposes only. The instructors are not medical providers and therefore any information or recommendations shared during the course of instruction is not medical advice and cannot be construed as such.
You shall be responsible for obtaining and maintaining all telephone, wireless services, computer hardware, software, and other equipment needed for access to and use of the Services, and all charges related thereto.
i. Company Services contain copyrighted material, trade secrets, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound; the entire contents of the Websites are copyrighted as a collective work under the United States and international intellectual property laws. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not use or download copyrighted material for any purpose unless expressly granted permission to do so in writing or through the purchase of a service. If you obtain such materials with permission, they are only to be used for your personal purposes only – you may not transmit or share them in any form with others, the public or use them for any other purpose. Creation and use of an account as an individual or entity representing a company that does not exist or who does not have a relationship with company is a violation of these Terms. Moreover, creation and use of an account representing the Company as someone who does not have express permission to do so is a violation of these Terms. Except as otherwise expressly permitted under copyright law, no copying, redistribution, reverse engineering, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Company and the intellectual property owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
ii. You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Company’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in Company’s discretion restricts or inhibits any other Company customer, client or Services user from using or enjoying the Services will not be permitted. You shall not use the Services to advertise or perform any commercial solicitation of users to become subscribers of other information services that compete with Company’s Services.
iv. The foregoing provisions of Section 4 are for the benefit of Company, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Use of Communication Services
The Company Services may include e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities that are designed to enable you to communicate with Company or other users of Company Services (each a “Communication Service” and collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and materials that are proper, and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
*Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
*Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
*Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
*Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
*Use any material or information, including images or photographs, which are made available through the Company Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
*Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
*Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
*Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
*Restrict or inhibit any other user from using and enjoying the Communication Services.
*Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
*Harvest or otherwise collect information about others, including e-mail addresses.
*Violate any applicable laws or regulations.
*Create a false identity for the purpose of misleading others, including Company.
*Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
*Use outputs from Company Services to build products or services that compete with the Services or in a manner inconsistent with these Terms.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to the Communication Services and to remove or modify any materials and content in its sole discretion. Acting in a manner proscribed above is considered a material breach of these Terms and Company reserves the right to terminate your access to any or all of the Communication Services in that instance without notice. Company reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, all in Company’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if you download the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. Except as to information created or communicated by Company, we do not control or endorse the content, messages or information found in any Communication Services and, therefore, Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
7. Member Account, Password & Security
Use of the Services may require you to create a user account, and complete a registration process by providing Company with current, complete and accurate information as applicable to the particular Service. This may involve choosing a password and/or a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. you agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, except where due to the intentional or gross tortious misconduct of Company. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. Nor may you establish an account for the purpose of providing a third party service offering if those third parties have not created personal Company accounts in their own names.
You shall be responsible to Company for the acts and omissions of all persons who access and/or use the Websites by or through you, or as a result of your acts or omissions, whether or not such access and/or use is authorized.
8. Representations and Attestations
You understand and acknowledge you must exercise independent judgment when evaluating and verifying any and all information contained in or on the Websites and any Services offered therein for childbirth and parent education classes, CPR and infant massage classes, download, viewing, or use.
9. Notice Specific to Software Available on Websites
Use of any software operated or maintained by Company or made available through the Websites or Services (“Company Software”) is governed by these Terms and any separate agreements accompanying or included with such software, including any fee agreement.
Company Software is the copyrighted work of Company and/or its suppliers. Use of the Company Software is governed by these Terms and any other written agreement accompanying or included with the Company Software.
Any reproduction or redistribution of the Company Software not in accordance with these Terms and any accompanying or included agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF COMPANY SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE TERMS AND ANY AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE. THE COMPANY SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND ANY ACCOMPANYING OR INCLUDED AGREEMENT. EXCEPT AS WARRANTED THEREIN, COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE.
10. Notice Specific to Documents that Are Available on The Websites
If permission is granted to use documents that may appear on the Websites (such as press releases, data sheets and FAQs), the following conditions apply (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents is for informational and non-commercial or personal use only and such documents will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.
11. Notices Regarding Company Software, Documents, and Services that Are Available on the Websites
Company may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your Company account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services provided in connection with your account. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Company may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts may be sent to the email address you have provided as your primary email address for your account. You may also be able to choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Company does not guarantee the delivery or the accuracy of the content of any alert and shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
12. Materials Provided to Company or Posted at Any of Its Websites
i. Company does not claim ownership of the material that you provide to Company while using Company’s Services, including feedback, suggestions, postings, uploads, or input provided to Company (collectively, “Submission(s)”).
However, by posting, uploading, inputting, providing, or submitting (collectively, “Posting”) Submissions you grant Company, its affiliated companies and their collective sub-licensees permission to use your Submissions in connection the operation of their Services. These rights include without limitation the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; to design improvements to the Websites or to any software and analyze data relating to your Submissions; and the right to sub-license such rights to any supplier of the Services. The rights granted in this paragraph specifically exclude anything that would violate applicable laws or regulations.
No compensation will be paid with respect to the use of your Submissions, as provided herein. Company is under no obligation to post or use any Submissions that you may provide and Company may remove any Submissions at any time in its sole discretion. By Posting Submissions you warrant and represents to own or otherwise control all of the rights to your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
ii. IT IS SOLELY YOUR RESPONSIBILITY TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE DATA TO US, RELEVANT TO YOUR USE OF SERVICES. In furtherance of our providing the Services to you, you must keep your account registration information up-to-date and accurate. Failure to do so will affect the accuracy and effectiveness of the Services.
iii. You may direct Company to retrieve content maintained by third-parties with whom you have customer relationships, maintain accounts or engage in financial transactions (“Third-Party Content”).
By submitting third-party data, passwords, usernames, PINs, other login information, materials and other account information (“Third-Party Account Information”) to the Company, you: (i) expressly authorize and permit Company to use and store such Third-Party Account Information to access the Third-Party Content for the purpose of providing Content and Services; and (ii) warrant and represent that such Third Party Account Information may be used for the purposes set forth herein without subjecting Company to any obligations or limitations, including any obligation to pay any fees. Third Party Content and Third Party Account Information may be referred to collectively herein as “Third Party Data.”
To provide the Services, you grant Company a limited power of attorney, and appoint Company as your attorney-in-fact and agent, to communicate with third-parties to retrieve and use your Third-Party Content with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY IS ACCESSING AND RETRIEVING THIRD-PARTY CONTENT FROM THIRD-PARTY WEBSITES, IT IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD-PARTY. You understand and agree that the Services are not sponsored or endorsed by any third parties whose Third-Party Content is accessible through the Website. Company does not make any representation as to, and cannot take responsibility for, the accuracy or completeness of, or promise to make any effort to review, and may not review or update, the Third Party Content for any purpose including but not limited to accuracy, legality, or non-infringement. Company is not responsible, and does not accept liability, for any delays, interruptions, omissions, errors or inaccuracies in data supplied by you or by third-parties or for any products, services, or content offered by third-parties, including all Third Party Content, whether on their websites or otherwise. You bear all risk from the use thereof in general and the use and results of any Third Party Content in particular. Without limiting the foregoing, Company cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions and Company cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Third-Party Content is only as timely as is set forth in the date shown on the Website. Such content may be more up-to-date when obtained directly from the relevant sites, or from the third-parties via other means.
13. Disclaimer of Warranty; Limitations of Liability
Except as provided below in the Indemnification section of these Terms:
1. USER EXPRESSLY AGREES THAT USE OF COMPANY’S SERVICES IS AT USER’S SOLE RISK. NEITHER COMPANY, NOR ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT COMPANY’S SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WEBSITES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH SUCH WEBSITES.
2. COMPANY PROVIDES THE SERVICES ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
4. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
5. IN NO EVENT WILL COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITES.
6. FORCE MAJEURE: NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. THIS INCLUDES WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATION FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF SIXTY (60) DAYS FROM OCCURrENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
7. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF COMPANY SERVICES, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE COMPANY SERVICES.
14. Links to Third Party Sites
Links to third party sites may appear on Websites or other Services. Clicking these links may direct you away from the Websites or Software; Company is not responsible for the content that you may encounter on any of these third party sites. Should these links ever be provided through the Services, they will be provided only as a convenience for you and the inclusion of said links does not imply an endorsement of any kind.
Should Company supply you with a links to third party sites, except where explicitly stated otherwise, it would do so only as a distributor as opposed to a publisher of the content supplied by third parties. Any opinions, advice, statements, services, offers, or other information that are expressed or made available by third parties, including information providers, customers of Company or any other user of Services, are those of the respective author(s) and not of Company.
Company shall have the right, but not the obligation, to monitor the content of the Websites, in its discretion and to satisfy any law, regulation or authorized government request. Company shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on www.birthsense.us if and when such features of the site are activated. Without limiting the foregoing, Company shall have the right to remove any material that Company, in its sole discretion, finds to be in violation of the Terms or is otherwise objectionable.
You agree to defend, indemnify and hold harmless Company, its affiliates and their respective directors, officers, employees and agents from and against any actual or alleged claims, actions, demands, costs, fees, liabilities, expenses, and settlements (including, without limitation, reasonable legal, accounting and expert fees), arising from or related to your tortious, grossly negligent, or intentional misconduct in connection with any use of the Services by you or in association with your account.
17. Suspension or Termination of Services
We may for reason, with or without prior notice to you: (a) modify, limit, suspend, discontinue, or terminate, in whole or in part, any portion of the Websites or the delivery or display of the related Services; and (b) monitor, modify any aspect of, limit, suspend, discontinue or terminate your use of or access to any or all the Websites, and any related Services accessible through the Websites as commercially reasonable or upon your actual or anticipated breach of these Terms or any other agreements between you and Company, or your violation of any applicable laws, rules, regulations relating to your use of Services.
Your access to and use of the Websites is subject to compliance with all of the terms and conditions set forth in these Terms. Company reserves the right, at its sole discretion, to deny further or continuing access to the Websites to any user, including, without limitation, any user that Company determines, in its sole judgment, has violated, or is likely to violate, any aspect of this Agreement or any applicable law, rule or regulation or whose continuing use of Services presents a material risk to Company or other users.
You are fully responsible for all of your activities in using the Services, including those activities carried out by, and the acts or omissions of, all persons who access and/or use the Services by or through, or as a result of, your acts or omissions. You shall ensure that all such persons who access the Websites, comply with: (i) this Agreement; (ii) all other agreements with, and requirements, and restrictions of Company, our officers, directors, affiliates, control persons, employees, vendors, licensors, representatives, agents, successors and assigns, and any direct and indirect third party licensors, vendors, service providers, subcontractors and sources, including third party websites, of any content offered or provided by Company; (iii) all applicable federal, state and local laws, rules and regulations; and (iv) all laws, orders, and restrictions, domestic and international, and all applicable international treaties, regarding the transmission and/or exportation of data and software products from or to the United States. If you become aware of any breaches or violation of any of the foregoing, you shall immediately notify Company thereof in writing, including by sending an email with the requisite detailed information to email@example.com.
19. Copyright Notice
All content included in or made available through any Services, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Company or its content suppliers and protected by United States and international copyright laws. Copyright and other relevant intellectual property rights exist on all text relating to Company’s Services including the full content of the Websites. The compilation of all content included in or made available through any Services is the exclusive property of Company and is protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Company Services are trademarks or trade dress of Company in the United States and other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company. All other trademarks that are not owned by Company that appear in any Company Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
Any rights not expressly granted herein are reserved.
Last updated: July 28, 2020