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General Terms of Use

 

We are Birth Begins, a California sole proprietorship (“Birth Begins”, “Company”, “We”, “Our” and “Us”). Birth Begins offers childbirth classes. We operate the website www.birthbegins.com (“Website”).

 

These General Terms of Use (“Terms”), together with Our Privacy Policy, set forth the legal terms and conditions on which We allow you to access and use Our Website and Our Social Media Channels (as defined below). By accessing, browsing, or otherwise using Our Website and Social Media Channels, you accept these Terms, and the Privacy Policy without limitation or qualification. If you do not accept these Terms, which include a mandatory arbitration provision (unless you opt out as set forth in Section 17.7, below), you are not entitled to access or use the Website or access Our Social Media Channels and you should leave the Website immediately.

 

When We refer to "you" or "your" We mean you, the person accessing or using Our Website. Any use of the Website is referred to herein as “Service.”

 

The Website and the content on it are provided for general information purposes only. They are not intended to amount to legal, medical or other professional advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Website. You should consult with your health care professional before taking any courses or following any advice on this Website. 

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1. OUR WEBSITE.
1.1 Our Website is made available free of charge. We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. Access to Our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Our Website without notice. We will not be liable to you if for any reason Our Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
1.2 You are responsible for making all arrangements necessary for you to have access to Our Website. You are also responsible for ensuring that all persons who access Our Website through your internet connection are aware of these Terms and that they comply with them.
1.3 WE DO NOT GUARANTEE THAT THE WEBSITE, OR ANY CONTENT ON IT, WILL BE FREE FROM ERRORS OR OMISSIONS. WE USE REASONABLE EFFORTS TO INCLUDE ONLY ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE; HOWEVER, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, CONCERNING SUCH INFORMATION.

1.4 All information provided on the Website does not necessarily reflect the official policy, beliefs or position of Birth Begins.

 

2. OUR RIGHTS.
2.1 We are the owner or licensee of all intellectual property rights in the Website and its content, including the Birth Begins name and mark. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.2 You are not granted any right to use, and may not use, any of Our intellectual property rights other than as set forth in these Terms. You must not use Our Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.
2.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without Our prior written consent.
2.4 Any communications or materials you send to Us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, advertising and marketing Us and Our Website, publications and productions.


3. CHANGE TO OR TERMINATION OF TERMS. We may change these Terms from time to time. We may notify you of such changes by any reasonable means, including by posting a revised version of these Terms. If you object to such changes, your sole recourse shall be to stop using the Website. Your continued use of the Website following notice of any such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound.


4. PRIVACY POLICY. By using this Website, you have reviewed, understand and have agreed to the information outlined in the Birth Begins Privacy Policy which can be reviewed here.

 

5. LINKS.  We may provide links to other websites or resources for your convenience only, and such links do not signify or imply that We endorse such website or resource or its contents over which We have no control and which We do not monitor. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that We shall have no responsibility or liability for any information, software or materials found at any other website or resource.


6. RESTRICTIONS AND COMMERCIAL USE. Other than provided for in these Terms, you may not copy, make derivative works, resell, distribute, or make any commercial use (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from Our Website or systems.

 

7. DISCLAIMER OF WARRANTIES

7.1 You expressly agree that use of the Service is at your sole risk. We provide the Service on an "as is" and "as available" basis. To the fullest extent permitted by law, We expressly disclaim all warranties of any kind, whether express or implied, with respect to the Company (including, but not limited to, the implied warranties of fitness for a particular use or purpose, and non-infringement or that all information provided is accurate and reliable). Company makes no warranty that the Company will meet your requirements, or that the services will be error free, uninterrupted, timely, secure, free of viruses or other harmful components, or that defects will be corrected. We make no warranty as to the accuracy or reliability of any information obtained through the Service, or that defects in such information or the Service will be corrected. You understand and agree that your use of any material and/or information downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from Company or through the Service shall create any warranty not expressly made herein. 
7.2 You represent and warrant to Us that execution, delivery and performance of any aspect(s) of these Terms will not violate any law, ordinance, charter, by-law or rule applicable to you, or any other agreement by which you are bound or by which any of your or their assets are affected.


8. EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY
 

8.1 EXCEPT AS SET FORTH IN 8.2, WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

8.1.1 USE OF, OR INABILITY TO USE, OUR WEBSITE; OR

8.1.2 USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.

8.2 Nothing in these Terms excludes or limits Our liability for:

8.2.1 Death or personal injury caused by Our negligence;

8.2.2 Fraud or fraudulent misrepresentation; and

8.2.3 Any matter in respect of which it would be unlawful for Us to exclude or restrict Our liability.
8.3 WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR WEBSITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.


9. VIRUSES
9.1 We do not guarantee that Our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms in order to access Our Website, and We recommend that you use your own virus protection software.

9.2 You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act of 1990. We will report any such breach to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Website will cease immediately.


10. PROHIBITED USES, CONTENTS AND ACTIVITIES.  In addition to other prohibitions as set forth in these General Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


11. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Us, any parent companies, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms. We reserve the right, at Our own expense (but subject to reimbursement from you), to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Our defense of such claim.


12. SOCIAL MEDIA. We operate social media accounts under the Birth Begins (@birthbegins) name, including the Birth Begins Facebook page, the Birth Begins Instagram account, and on LinkedIn (collectively, “Social Media Channels”).  Our goal is to provide useful and interesting content related to Birth Begins. This Website contains links to the Company’s Social Media Channels.

12.1.  Grant of License: By using the Social Media Channels, you agree to the following terms and grant of licenses:

12.1.1        By commenting, tweeting, posting and/or uploading an image, photo, or video (hereby known as the “Assets”) to any Social Media Channels with or without a Birth Begins hashtag including #birthbegins, and with or without tagging @birthbegins, you grant Birth Begins a non-exclusive, fully paid and royalty-free, transferrable, sub-licensable, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the assets, (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit and display and distribute such content in any and all media or distribution methods now known or later developed, in whole or in part, as well as your image or likeness as reflected therein and your name and/or biographical information in association with the photograph, without further notice, review, participation, compensation from you in any medium existing now or subsequently developed, in connection with Birth Begins.

 

12.1.2        You also grant Birth Begins permission to use and authorize others to use your name or social media handle you provide in association with the assets for identification, publicity or promotional purposes.

 

12.1.3        You should understand that any content you submit to Our Social Media Channels is public and will not place Birth Begins under any obligation to you. This means the Company is free to disclose and use the ideas contained in content on a non-confidential basis to anyone without any liability to you.

 

12.1.4        Additionally, you should not use the Company’s Social Media Channels to submit unsolicited ideas. Generally, We don’t accept these, and if you submit any – for example by posting them – you need to understand that you do not have any ownership rights in such ideas, that we won’t compensate or reward you, and that We don’t waive any rights to use similar or related ideas previously known to Us, developed by Our employees, or obtained from other sources.

 

12.1.5        You represent and warrant that: (i) you own the Assets or otherwise have the right to grant the rights and licenses set forth in these General Terms of Use; (ii) the posting and use of your Assets on the Company’s Social Media Channels or any other social media site does not violate, misappropriate or infringe upon the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iii) you have the legal right and capacity to enter into these General Terms of Use and Privacy Policy.

 

12.1.6        You hereby release Birth Begins and their agents, affiliates and/or assignees from any and all claims for damages of any kind resulting from the use of the Assets; and you will defend and hold Birth Begins harmless from any and all claims arising therefrom.

 

12.1.7        By submitting content you waive any right to inspect or approve of such uses and agree to hold harmless Birth Begins and all others identified above from any and all claims you, your heirs, executors or assigns may at any time have against the Company on account of the granting of the license to the Company or arising out of such content.

 

12.2. Company’s Rights to Social Media Channels

 

12.2.1        Birth Begins reserves all rights relating to the Company's Social Media Channels, including but not limited to: (i) adding, removing, modifying or deleting any content, (ii) blocking disruptive users; and (iii) discontinuing any of Our Social Media Channels at any time. Company does not represent that the information on the Company’s Social Media Channels is accurate, complete, reliable, useful, timely or current.  Accordingly, you read all content at your own risk. Do not rely on the information or advice in any of these postings.

12.2.2 The information on Our Social Media Channels is provided for general information and entertainment purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Social Media Channels.

 

12.2.3        Birth Begins may, in its sole discretion, delete irresponsible content or content that is otherwise inconsistent with the purpose of the Company’s Social Media Channels which is namely, the dissemination and sharing of on-topic, appropriate content. To the extent applicable, Company reserves the right to block any user that fails to follow these General Terms of Use. Examples of inappropriate or off-topic messages include, but are not limited to, the following:

  • Defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda;

  • Activity that violates any law or regulation;

  • Attempts to target the Company to offer goods or services, of either a commercial or private nature;

  • Spam directed at the Company or any of the Company’s Followers, including any form of automatically generated content or repeatedly posting the same content;

  • Content that includes medical or legal advice that may be unsolicited and/or unverified;

  • Content deemed to constitute an unapproved use of any of Our Website, service(s), content or product(s) or is otherwise false or misleading;

  • Content which We consider may be false, inaccurate or misleading;

  • Any potential infringement upon any intellectual property rights, including but not limited to, brand names, trade names, logos, copyrights or trade secrets of any person, business or place;

  • Other content deemed to be off-topic or to disrupt the purposes of the channel, its Followers, and its sense of community and acceptance; and

  • Content posted by fake or anonymous users.

 

12.3.  Disclaimer. Please keep in mind that Birth Begins does not create, control, represent, or endorse any opinions or statements expressed by others within its Social Media Channels, including those that Follow/Like Company and those Followed/Liked by Company and that any content posted by anyone other than the Company is the responsibility of the submitter and not the Company. Links that take you out of Our Social Media Channels, websites, and digital assets are not under the control of the Company, and the Company is not responsible for the terms and conditions, privacy policy, or content of any such site or any further links from such site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the linked site by the Company.  Also, please keep in mind that if the Company follows another user’s account, “likes” another page, shares, or otherwise re-posts another user’s content, such an action does not constitute an endorsement.

 

12. 4. Terms and Conditions and Policies of Other Media Sites Apply. This page is intended for a global audience. All terms and conditions and policies of the Social Media Channels including Facebook, Instagram, LinkedIn and any other social media site apply, respectively.

 

12.5.  Third Party Tools.  We use third party websites to help manage Our Social Media Channels including LinkTree and Canva.  

 

13. REFERRALS. Birth Begins may provide information on its website concerning information, classes or products that clients may find to be of interest.  Except where expressly noted, Birth Begins does not sponsor these companies and has no financial stake in these companies or events.  Providing such information about an event does not signify or imply that We endorse the product or class or any contents over which We have no control and which We do not monitor.  You should apply a reasonable level of caution and discretion in determining whether to attend the event or use its content.  You agree that We shall have no responsibility or liability for any information, software or materials disseminated at such event.


14. INTEGRATION & SEVERABILITY. These Terms, along with the Privacy Policy referenced herein, constitute the entire agreement between Company and you, related to the use of the Website, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Us. In the event that any covenant, condition or other provision herein or therein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other covenant, condition or other provision herein contained. If such condition, covenant or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.


15. NO WAIVER. Our failure to enforce any provisions of these Terms or respond to a breach by you or other parties shall not in any way waive Our right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.


16. ASSIGNMENT. You must not assign these Terms or any rights or obligations herein without the prior written consent of Company and any attempted assignment in contravention of this provision is null and void and of no force or effect.  Company has the right to assign these Terms, and any of its rights or obligations herein.  These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.


17. LOCATION AND GOVERNING LAW. These Terms are governed by the laws of the State of California. You and We both agree that, subject to the arbitration provisions of Section 18, the courts located in the City and County of Alameda, State of California will have exclusive jurisdiction of any disputes.


18. DISPUTES AND ARBITRATION. PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

18.1 Subject to the opt-out provisions in Section 18.7, you and Company agree to resolve any claims relating to these Terms and the Privacy Policy through final and binding arbitration in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate Our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances We may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.

18.2 Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

18.3 The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS in San Francisco, California. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or We must do the following things:

(1)    Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2)    Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

(3)    Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to San Francisco, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, We will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in the City and County of San Francisco, state of California under California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

18.4 The arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us. In any arbitration, the Arbitrator will give each party a preliminary draft of the decision at least ten (10) days before the Arbitrator makes the decision final (five (5) days for a preliminary draft after any revision) so that the parties may comment upon the opinion and point out errors.

18.5 NO CLASS ACTIONS. You may only resolve disputes with Us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

18.6 WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

18.7 OPT-OUT OF AGREEMENT TO ARBITRATE. YOU CAN DECLINE THIS AGREEMENT TO ARBITRATE BY EMAILING US AT info@birthbegins.com AND PROVIDING THE REQUESTED INFORMATION AS FOLLOWS: (1) YOUR NAME; (2) THE URL OF THESE GENERAL TERMS OF USE; (3) YOUR ADDRESS; (4) YOUR PHONE NUMBER; AND (5) A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF THIS ARBITRATION PROVISION IN THESE GENERAL TERMS OF USE. THE OPT-OUT NOTICE MUST BE EMAILED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU FIRST ACCEPT THESE GENERAL TERMS OF USE BY USING THE SERVICE.

 

19. SEPARATE TERMS AND CONDITIONS. In connection with your use of this Website, you may be asked to consent to additional terms and conditions in addition to these Terms. Please read any supplemental terms before making any use of such portions of the Website. Any supplemental terms will not change or replace these Terms regarding the use of this Website, unless expressly stated.

 

20. CONTACTING US. If you have any questions about the Website or these General Terms of Use, please contact Us via email at info@birthbegins.com.

Thank you for visiting Our Website.

 

General Terms of Use last updated 02/08/2021. Any changes to this General Terms of Use will be posted on this page. We reserve the right to modify this General Terms of Use at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website.

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