1. General Rules.
1.3 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.
1.4 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.
2. My Essential Birth Content; Trademarks; Copyrights; Other Intellectual Property.
2.4 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.
2.5 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.
3. User Content and Use of Sites.
3.1 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.
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.
3.2 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.
3.4 Length of Access. You will have access to the Sites and the services no longer than 9 months from date of purchase.
4. 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.
5. Accounts, Security, and Privacy.
5.1 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, [including Interactive Areas]. 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.
5.3 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.
5.4 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.
5.5 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.
6.1 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.
6.3 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 BIRTH, PARTICIPATION IN ANY COURSE OR OTHER SERVICES PROVIDED TO YOU ON THE SITES.
6.4 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.
7. 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 life 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.
8. 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.
9.1 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.
9.3 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]