MY ESSENTIAL BIRTH TERMS OF USE

At My Essential Birth, LLC (“My Essential Birth”), we have adopted these Terms of Use for our current and future online and mobile websites, platforms, services, applications, and networks owned or operated by My Essential Birth, including without limitation, www.myessentilabirth.com, and/or any other site, application or technology for which My Essential Birth currently or in the future provides services (the “Site” or “Sites”). Please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use any of the Sites, including without limitation, when you view, post, or access content or videos on any of the Sites.  If you do not agree to these Terms of Use you should not access or use the Sites. Your breach of any obligations under these Terms of Use may result in immediate suspension or termination of your access to the Site.  

1. General Rules.

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   1. Governing Terms. These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on our Sites in relation to a specific service or feature (collectively, “Terms of Use”) and the My Essential Birth Privacy Policy, set forth the terms and conditions that apply to your use of [web URL] and its related Sites. My Essential Birth may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, My Essential Birth shall have the right to immediately terminate Your Account in the event of any conduct by you that My Essential Birth, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The material provisions of these Terms of Use shall survive termination of these Terms of Use.

   2. Changes to Terms of Use. My Essential Birth may modify the Terms of Use, or any part thereof, or add, change, or remove terms at any time, and such additions, changes, deletions, or other modifications are effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such additions, changes, deletions, or other modifications.

   3. Changes to Site. My Essential Birth may change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.

   4. Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.

3. My Essential Birth Content; Trademarks; Copyrights; Other Intellectual Property.

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   1. Property of My Essential Birth.  Except as explicitly provided in these Terms of Use, nothing herein shall be construed as granting or conferring on you any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory), rule or regulation, including, without limitation, those related to copyright or other intellectual property rights. You acknowledge and agree that title, ownership and all rights (including intellectual property rights) in and to the content of, and materials published on, the Sites are and shall remain the property of My Essential Birth (or such other third party that may have granted My Essential Birth rights in such content).

   2. All of My Essential Birth’s trademarks, service marks, and trade names, and the goodwill associated therewith shall remain the sole and exclusive property of My Essential Birth and, except as otherwise explicitly provided in these Terms of Use, may not be used by you without the express prior written consent of My Essential Birth.

   3. All content published, provided, and distributed by My Essential Birth are protected by copyright pursuant to U.S. and international copyright laws. Except as explicitly provided in these Terms of Use or with the express prior written consent of My Essential Birth (which may be granted or withheld in My Essential Birth’s sole and absolute discretion), you may not modify, publish, republish, transmit, retransmit, reproduce, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit or otherwise use, any of the content of the Sites, including any images contained in the content of the Sites, including but not limited to downloading or using content as stand-alone files, software or other computer-readable or computer-executable code, in whole or in part (collectively, the “Use Restrictions”). To the extent any action or use constituting a violation of the Use Restrictions is otherwise explicitly permitted or authorized pursuant to these Terms of Use, such authorization is not intended to and shall not vest in you any ownership interests or other rights of any kind beyond those expressly granted herein. Unauthorized use of the Site, including usage of the Site in violation of the Use Restrictions, shall be a material breach of these Terms of Use and may subject you to legal action. You agree to abide by any and all additional copyright notices or restrictions contained in any content accessed via the Site.

   4. Digital Millennium Copyright Act Notice. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by My Essential Birth infringe your copyright, you (or your authorized representative) may send My Essential Birth a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow My Essential Birth to locate the material on the site; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed with My Essential Birth against you, the DMCA permits you to send My Essential Birth a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Website should be sent to My Essential Birth, LLC, Attn: Legal Department and the owner of the Web site through which you may have requested the Company’s services (the “Client”).  My Essential Birth suggests that users consult their legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. It is My Essential Birth’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

   5. No Transfer of Intellectual Property. The Sites and their content and services are copyrighted and original materials that have been provided to you are for your individual use only and a single-user license. You are not authorized to use any of My Essential Birth’s intellectual property for your business purposes. All intellectual property, including My Essential Birth’s copyrighted program and/or course materials, shall remain the sole property of My Essential Birth. No license to sell or distribute My Essential Birth’s materials is granted or implied. By using the Sites, you agree (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of My Essential Birth, (2) that any confidential information shared by My Essential Birth is confidential and proprietary, and belongs solely and exclusively to My Essential Birth, (3) not to disclose such information to any other person or use it in any manner other than in discussion with the My Essential Birth, and (4) not to provide any login credentials with any other person or entity or otherwise enable them to consume the contents or services contained on the Sites. Further, by using the Sites, you agree that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph, My Essential Birth will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

5. User Content and Use of Sites.

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   1. Interactive Site Areas. The Site may contain comments sections, discussion forums or threads, or other social media and interactive features (collectively “Interactive Areas”) in which you may post, publish, link, or upload user-generated content, including but not limited to comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, or other unwanted interactions.  By using Interactive Areas, you assume all associated risks.

Interactive Areas are available for individuals aged 18 years or older. By submitting User Content to an Interactive Area, you represent that you are 18 years of age or older or, if you are under the age of 18, that you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, view content, interact on the Site, and are able to comply with the Terms of Use, which forms a binding contract between you and My Essential Birth.   

You understand and agree that with respect to any User Content, My Essential Birth and the Site act merely as a passive conduit for any and all communication and/or distribution of information, and My Essential Birth does not control the User Content. My Essential Birth cannot and will not evaluate, and shall not be responsible for, the accuracy, reliability, completeness, veracity or suitability of any User Content or for verifying the identity of anyone posting, publishing, or uploading User Content. 

While My Essential Birth will endeavor to monitor User Content, and flag and/or remove User Content which My Essential Birth finds unsuitable (as determined in its sole and absolute discretion), My Essential Birth shall be under no obligation to do so and shall have no liability to any individual or entity for failure to monitor or remove any User Content. Prior to being granted access to post, publish, link, or upload User Content, individuals may be required to input or provide certain data or information, including but not limited to their name, email address, or other identifying information which may be displayed in connection with their User Content.

My Essential Birth may, in its sole discretion, remove, edit, or otherwise alter User Content.  My Essential Birth retains and reserves the right, in its sole discretion, to discontinue, freeze, remove, terminate, or otherwise restrict Your Account or User Content for any reason whatsoever.

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   2. User Rules of Conduct.  By submitting any User Content or participating in an Interactive Area within or in connection with the Site, you agree  not to engage in activity or submit or upload content that (i) would constitute a violation of any applicable local, state, federal, or other law that may constitute a criminal offense or give rise to civil liability; (ii) contains any information, data, or materials which contain a virus or other harmful or disruptive component; (iii) is confidential, proprietary, false, fraudulent, libelous, defamatory, invasive of privacy or publicity rights, obscene, lewd, violent, sexually explicit, threatening, abusive, illegal, or otherwise objectionable; (iv) infringes on another’s intellectual property rights; or (v) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” or any other solicitation.

   3. License Granted to My Essential Birth to User Content. By submitting User Content to the Site, you automatically grant My Essential Birth and any of its subsidiary and/or parent companies, the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, link, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You further grant My Essential Birth the right, but not the obligation, to pursue at law any person or entity that violates your or My Essential Birth’s rights in the User Content by a breach of these Terms of Use.

   4. Length of Access. You will have access to the Sites and the services no longer than six (6) weeks past the [due date].

3. Third Party Sites.  Certain aspects of, or links contained on, the Site may link to websites, social media, or services operated by parties other than, and unaffiliated with, My Essential Birth. Such links are provided for convenience only. My Essential Birth does not control such third-party websites or social media and is not responsible for any content thereon, including with respect to any comments posted on such third-party websites or social media. My Essential Birth’s inclusion of links to such third-party websites and/or social media does not amount to or imply any endorsement or warranty of the material on such sites or media or any association with their owners or operators. You agree that My Essential Birth is not responsible for any such third-party websites or social media and services or any content thereon and agree to hold My Essential Birth harmless from any and all claims or liability arising from your use of such third-party websites, social media, or services. Any concerns or questions related to third-party websites or social media should be directed to the webmaster or other appropriate contact person for such third party.

4. Accounts, Security, and Privacy.

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   1. You may be given the opportunity to register online to create a user account (“Your Account”) that may allow you to receive information from My Essential Birth and/or to participate in certain features on our Site.  As part of creating Your Account, you will be required to provide My Essential Birth with certain registration information, all of which must be accurate and updated, and which may include, without limitation, an authorized contact person’s name, address, phone number, e-mail address, etc. By using the Sites, you do authorize My Essential Birth to send you e-mails for any reason.

   2. My Essential Birth is committed to protecting your privacy and will use the information you provide in accordance with the My Essential Birth Privacy Policy. My Essential Birth uses the information it collects about clients to enhance the quality of the services that it provides. Technologies are rapidly changing as are the services that My Essential Birth offers. Therefore, these policies are subject to change. By using the Site, you consent to the collection and use of this information by My Essential Birth. Sometimes, My Essential Birth may request that you verify the information collected, either by sending you an e-mail to check an online database or by mail, facsimile or telephone. My Essential Birth does not sell, trade, or rent its subscribers’ personal information to others unless and except as described in the My Essential Birth Privacy Policy. My Essential Birth may provide aggregate statistics about its customers, sales, traffic patterns, and related site information to others, but these statistics will include no personally identifying information. Notwithstanding the foregoing, My Essential Birth may release account information when it believes, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any user agreements or (iii) protect the rights, property or safety of My Essential Birth, its users, or others.   

   3. You hereby agree to maintain as confidential and not disclose any username or password to any person. My Essential Birth may change your password at any time, provided that My Essential Birth shall provide you with written notice of such change prior to, or as soon as reasonably practicable after, such change.

   4. You agree and acknowledge that under certain circumstances, My Essential Birth may store your IP address(es) or other information transmitted by your computer(s) or network as are reasonably necessary for My Essential Birth to identify you and provide access to the Site.

   5. You assume full and total responsibility for all usage or activity on Your Account, including use of Your Account by any third party, whether or not authorized by you, and agree to indemnify and hold My Essential Birth harmless from any claims arising from or as a result of such usage. You shall immediately notify My Essential Birth of any known or suspected unauthorized use of Your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your Account information and agree to fully cooperate with My Essential Birth in good faith and as reasonably required to remedy such security breach.

6. Representations and Warranties; Disclaimer of Warranty.

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   1. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER MY ESSENTIAL BIRTH, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

   2. YOU AGREE THAT THE USE OF AND ACCESS TO THE SITE IS STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND MY ESSENTIAL BIRTH SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WITH RESPECT TO THE OPERATION OF THE SITE, THE CONTENT OR INFORMATION CONTAINED THEREIN, OR THE SITE. NO WARRANTY OF ANY KIND IS IMPLIED REGARDING REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY MY ESSENTIAL BIRTH OR USE OF THE SITE BY YOU. MY ESSENTIAL BIRTH MAKES EVERY REASONABLE EFFORT TO ASSURE THAT ALL INFORMATION PUBLISHED BY IT IS CORRECT; HOWEVER, MY ESSENTIAL BIRTH DISCLAIMS ANY LIABILITY FOR ERRORS IN THE SITE. YOU ASSUME THE RISK OF POSSIBLE ERRORS CONTAINED IN THE SITE. YOU AGREE TO INDEPENDENTLY VERIFY ANY INFORMATION YOU INTEND TO RELY UPON, AND, IF REASONABLY NECESSARY, YOU SHOULD SEEK THE ASSISTANCE OF AN ATTORNEY IN DOING SO. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY AND IN NO EVENT SHALL MY ESSENTIAL BIRTH AND ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS (“THE MY ESSENTIAL BIRTH PARTIES”) BE LIABLE, JOINTLY OR SEVERALLY, TO YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF YOUR ACCESS OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, FOR INDIRECT, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES, OR OTHER PECUNIARY LOSS (COLLECTIVELY, “THE DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR ANY OTHER THEORY OF LAW AND/OR LIABILITY, EVEN IF ANY OF THE MY ESSENTIAL BIRTH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY, ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE MY ESSENTIAL BIRTH PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. 

   3. Client Progress.  YOU ARE SOLELY RESPONSIBLE FOR YOUR PROGRESS IN THE COURSE MATERIAL PROVIDED TO YOU ON THE SITES. WITHOUT LIMITING THE GENERALITY OF SECTION 6.2 ABOVE, MY ESSENTIAL BIRTH MAKES NO WARRANTY OR GUARANTEE ABOUT THE OUTCOME OF YOUR PARTICIPATION IN ANY COURSE OR OTHER SERVICES PROVIDED TO YOU ON THE SITES.

   4. Unauthorized Access. My Essential Birth disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to My Essential Birth’s disclaimer of any such liability. If you do not agree, you should not access or use the Site.

   5. Indemnification. You agree to indemnify, defend, and hold harmless My Essential Birth and its subsidiaries, parent companies, officers, directors, employees, affiliates, agents, representatives, licensors and suppliers from and against all claims, actions, proceedings, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising or resulting from use of the Site by you or Your Account, or the Services, which includes but is not limited to: (i) the use of or reliance on any information, material, or content of the Site by you or any third party to whom You have provided such information, material, or content, regardless of whether or not such information, material or content contained any errors or omissions and whether or not My Essential Birth was aware or should have been aware of any such errors or omissions; (ii) Your violation or breach of these Terms of Use; (iii) Your negligent acts or omissions or willful misconduct; or (iv) any allegation that Your use of or access to the Site infringes upon the patent, trademark, copyright, trade name, trade secret, or other proprietary and/or intellectual property rights of any third party. Your duty to indemnify, defend and hold harmless My Essential Birth under these Terms of Use shall survive the termination, cancellation, or expiration of your use of the Site.  My Essential Birth reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide My Essential Birth with such cooperation as is reasonably requested by My Essential Birth.

8. Release. By using the Sites and Services, you hereby release My Essential Birth, its officers, managers, employees, affiliates and contractors (the “My Essential Birth Parties”) from any and all harm caused by your own tortious or negligent acts. You further release the My Essential Birth Parties from any harm and damages resulting from any other actions taken by you in the course serving in the role of midwife or while otherwise assisting with a live birth, including counseling expectant mothers and/or treating postpartum symptoms and issues. You further hereby agree and acknowledge that you, and you alone, are responsible for providing services to your own clients and patients in a safe and responsible matter.

9. DoTerra Products. In the course of accessing the services on the Sites, you may be afforded the option to receive advice and products from DoTerra®. Any use of services provided by DoTerra are governed by your agreements with DoTerra. If you use any products or services provided by DoTerra, you agree that My Essential Birth is not responsible for any damages or harm that results from your use of such products or services. You understand and acknowledge that My Essential Birth is making no representation as to the quality or marketability of any third party goods or services.

10. Miscellaneous.

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    1. Modification. My Essential Birth may modify these terms at any time without advance notice. All modifications shall be posted on the Sites and notice shall only be provided to you once updates appear online.

    2. Governing Law and Venue. These Terms of Use shall be governed by and shall be construed in accordance with the laws of the State of Utah, without regard to its conflicts of law principles. Any action or proceeding between you and My Essential Birth relating to or arising out of these Terms of Use or your use of the Site shall be commenced and maintained exclusively in the state or federal courts in the State of Utah, and you hereby consent to the exclusive jurisdiction and venue of any state or federal court in the State of Utah.

    3. No Refunds. AS A GENERAL RULE, WE DO NOT ISSUE REFUNDS FOR ANY SERVICES ONCE THE ORDER IS CONFIRMED. YOU MAY SUBMIT A REFUND REQUEST TO [email protected] HOWEVER THERE IS NO GUARANTEE WE WILL APPROVE ANY REFUND. WE RECOMMEND CONTACTING US FOR ASSISTANCE IF YOU EXPERIENCE ANY ISSUES VIEWING, RECEIVING OR, IF APPLICABLE, DOWNLOADING THE SERVICES. IF YOU HAVE ANY QUESTIONS ABOUT OUR RETURNS AND REFUNDS POLICY, PLEASE CONTACT US:

By email: [email protected]

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   4. No Third Party Beneficiaries. These Terms of Use shall be binding upon and inure solely to the benefit of the Parties and their respective permitted successors or assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.

   5. Assignment. My Essential Birth may assign these Terms of Use for any reason, in whole or in part, without your consent, including without limitation as a result of an event of a reorganization, merger, consolidation or sale of all or substantially all of its assets or stock. You may not assign these Terms of Use without My Essential Birth’s prior written consent.  Any assignment in violation of this section is null and void, ab initio.

   6. Severability. If any provision of these Terms of Use is declared void or unenforceable by any court of competent jurisdiction in a final, non-appealable order or judgment, then all remaining provisions of these Terms of Use shall remain in full force and effect unless otherwise agreed to in writing by the Parties.

   7. Waiver; Remedies Cumulative. The rights and remedies of the Parties are cumulative and not alternative. Neither any failure nor any delay by My Essential Birth in exercising any right, power, or privilege under these Terms of Use or any of the documents referred to in these Terms of Use will operate as a waiver of such right, power, or privilege or any future exercise thereof, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power or privilege, or the exercise (or future exercise) of any other right, power, or privilege.

   8. Headings. Headings or titles to sections or subsections in these Terms of Use are for convenience of reference only and shall not affect the meaning or interpretation of these Terms of Use or any part hereof.

   9. Compliance with Laws. You shall ensure that any activities undertaken by you, or any person authorized by you, pursuant to these Terms of Use and any use of or access to the Services shall comply with all laws, rules, and regulations of the United States and other applicable jurisdictions, as such may be amended and in effect from time to time. Without limiting the foregoing, you recognize the global nature of the Internet, and further agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you may reside or access the Site.

   10. Consent to Communication. You agree that My Essential Birth reserves the right to send electronic or paper mail to you for the purpose of informing you of changes or additions to the Site or the Terms of Use. You further agree that from time to time My Essential Birth may contact you via electronic or paper mail for the purpose of soliciting feedback or participation in user surveys relating to the Site. Any information obtained from you will not be shared with any third parties except in aggregate form, in which case you will not be identified in any manner as a respondent. You shall have no obligation to participate in or respond to any such survey.

   11. Entire Agreement. These Terms of Use and all other documents or agreements referenced herein, including without limitation the My Essential Birth Privacy Policy, constitute the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations, and understandings of the Parties, whether written or oral. There are no representations, promises, warranties, covenants, or undertakings other than those contained in these Terms of Use and the My Essential Birth Privacy Policy. 

These Terms of Use were last updated January 11, 2018.

My Essential Birth, LLC (referred to herein as “My Essential Birth,” “we,” “us” or like terms) has created this privacy statement (“Privacy Policy”) in order to demonstrate our firm commitment to privacy. The following discloses our policies for information gathering and dissemination practices for our current and future online and mobile websites, platforms, services, applications, and networks owned or operated by My Essential Birth, including without limitation, www.myessentialbirth.com, https://www.facebook.com/groups/myessentialbirth/, and/or other sites or applications through which My Essential Birth currently or in the future provides services and/or technology (the “Site” or “Sites”). 

Information We Collect: 

When you interact with us through the Sites, we may collect personal information and other information (“Personal Information”) from you, as further described below: 

Personal Information That You Provide Through the Sites: We collect and store Personal Information from you when you voluntarily provide such information by registering for access to our services, using certain services, contacting us with inquiries or any other voluntary disclosure of your Personal Information. For example, we may collect your name, address, phone number, email address, third party service login credentials, and the messages you send or receive through our Sites and services. Wherever My Essential Birth collects Personal Information we make an effort to provide a link to this Privacy Policy. 

By voluntarily providing us with Personal Information, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Information, you acknowledge and agree that such Personal Information may be transferred from your current location to the offices and servers of My Essential Birth and the authorized third parties referred to herein located in the United States. 

Non-Identifiable or Aggregated Data: When you interact with My Essential Birth through the Sites, we also receive and store certain personally non-identifiable information. Such information, which is collected using various technologies, will not be used in such a way to specifically identify you. My Essential Birth may store such information itself or such information may be included in databases owned and maintained by My Essential Birth affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to or users of the Sites, the number of visitors to each page of our website, the domain names of our visitors’ Internet service providers, and how our users use and interact with the Site. Also, in an ongoing effort to better understand and serve the users of the Sites, My Essential Birth may conduct research on its customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis. My Essential Birth may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. My Essential Birth may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes. 

In operating the Sites, we may also use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Sites gives to your browser when you access the Sites. Our cookies help provide additional functionality to the Sites and help us analyze Sites usage more accurately. For instance, our Sites may set a cookie on your browser that allows you to access the Sites without needing to remember and then enter a password more than once during a visit to the Sites. In all cases in which we use cookies, we will not collect Personal Information except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features. 

Our Use of Your Personal Information and Other Information 

My Essential Birth uses the Personal Information you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Information you provide to answer your question or resolve your problem. Also, if you provide Personal Information in order to obtain access to the Sites and services offered by the Company, we will use your Personal Information to provide you with access to such services and to monitor your use of such services. My Essential Birth and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Information and other personally non-identifiable information collected through the Sites to help us improve the content and functionality of the Sites, to better understand our users, and to improve the services offered by My Essential Birth. My Essential Birth and its Related Companies may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below. 

If My Essential Birth intends on using any Personal Information in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Information is collected. 

Our Disclosure of Your Personal Information and Other Information 

My Essential Birth does not rent or sell your information. There are, however, certain circumstances in which we may share your Personal Information with certain third parties without further notice to you, as set forth below: 

Related Companies: We may share your Personal Information with our Related Companies for purposes consistent with this Privacy Policy. 

Agents, Consultants and Related Third Parties: My Essential Birth, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include maintaining databases, sending emails and SMS messages, offering and developing certain features of the Sites, and maintenance and security. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. We also disclose automatically collected data (card scans, promotional activities, and redemption information) to our business partners, clients, third-party ad servers and advertisers. These third parties may match this data with information that they have previously collected about you under their own privacy policies, which you should consult on a regular basis. 

Legal Requirements: My Essential Birth may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or assist government enforcement agencies, (ii) protect and defend the rights or property of My Essential Birth, business partners, clients, or our users, (iii) act in urgent circumstances to protect the personal safety of users of the Sites or the public, (iv) protect against legal liability; (v) protect business partners and clients from fraudulent, abusive, or unlawful uses; or (vi) protect the security or integrity of the Sites. 

With the Ability to Opt-Out: Maintenance of Account Information/Opt-Out.  You may access and update information provided to My Essential Birth when you created your account or opt-out of receiving communications from us at any time by logging into your account and updating the desired information or by contacting us using the contact information provided below.

The Sites will automatically send you SMS messages with updates and other information as part of the services offered by My Essential Birth. You may stop receiving SMS messages from My Essential Birth generally by replying STOP in response to any received SMS from the program. You may also opt-out of receiving SMS messages on the My Essential Birth website. If you opt-out of receiving SMS messages, you may not be able to use certain Services. 

Your Choices:

You can use our website without providing any Personal Information. If you choose not to provide any Personal Information, you may not be able to use certain services offered by My Essential Birth. 

Exclusions: 

This Privacy Policy does not apply to any Personal Information collected by My Essential Birth other than Personal Information collected through the Sites. This Privacy Policy shall not apply to any unsolicited information you provide to My Essential Birth through the Sites or any other means (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and My Essential Birth shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution. 

Children: 

Our Site is not specifically directed toward children, and we do not knowingly collect personal information from persons under the age of 13 on our Sites without parental consent.  We are committed to protecting the privacy of children and abide by the Federal Trade Commission’s Children’s Online Privacy Protection Rule. Please visit www.ftc.gov/kidsprivacy for information from the Federal Trade Commission about protecting children’s privacy online. 

Links to Other Web Sites: 

Our Site may provide links to third-party sites that are not operated by My Essential Birth.  We are not responsible for the privacy policies or content of those sites and recommend that you check the relevant privacy policies of those sites to determine how your personal information will be used. 

Security:

My Essential Birth takes reasonable steps to protect the Personal Information provided via the Sites from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email, mobile or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way. If you create an account on our Site, you must maintain the confidentiality of your account and password and restrict access to your computer.  You specifically agree not to share your login credentials with any other person or otherwise enable anyone else to access your account. You agree to be responsible for all activities that occur under your account or password and agree to be responsible for all charges. We have the right to refuse service, terminate your account, or take other actions in our discretion. You agree to inform us of any unauthorized use and to take steps to prevent its further unauthorized use. 

Do Not Track Requests:

When this Site receives Do Not Track signals and other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal identifiable information, we honor those requests.

Other Terms and Conditions: 

Your access to and use of the services offered by My Essential Birth is subject to My Essential Birth’s [hyperlink to Terms of Use] located at our website. 

Changes to My Essential Birth’s Privacy Policy: 

 

We reserve the right, at our discretion, to change, modify, add, and/or remove portions of the Privacy Policy at any time.  When we make changes to the Privacy Policy, we will post the changes on the Site and update the revision date at the bottom of the Privacy Policy.  By continuing to access the Site after we have changed the Privacy Policy, you signify your acceptance of the changes.  Accordingly, we encourage you to check the Privacy Policy to remain informed of any changes.

Access to Information; Contacting My Essential Birth:

To keep your Personal Information accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Information in our possession that you have previously submitted via the Sites. 

Please also feel free to contact us if you have any questions about My Essential Birth’ Privacy Policy or the information practices of the Sites. 

You may contact us at:

My Essential Birth, LLC

[email protected]

Effective Date: January 11, 2019