Effective Date: May 24, 2018
The terms “we”, “us”, and “our” refer to Mama Natural Birth LLC (“Company”). These Terms of Service (“Terms of Service”) apply when you visit or use the Company websites (mamanaturalbirth.com), social media channels, videos on YouTube and other websites, and related platforms (“Sites”), or use or purchase our products (such as courses, trainings, information resources, and physical products) (“Products”). The term “user,” “you” and “your” refers to site visitors and users of the Sites and customers of our Products.
By using the Sites and/or our Products, you agree to these Terms of Service, our Privacy Policy (available here), which is incorporated herein by reference, or any other written agreement that governs your use of our Sites and Products. You should not use our Sites or Products if you do not agree with the terms and conditions contained in such agreements.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Accessing the site and products
In order to access the Sites and/or online Products, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access.
We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Sites (or any part thereof) or Products, for any reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, interruption, suspension or discontinuance of the Sites and/or Products. We are not responsible for delay or failure of our performance of any of the features of the Sites and Products caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
For lawful purposes
To access or use the Sites or Products, you must be eighteen (18) years old or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Sites and/or Products.
You may use the Sites and/or Products for lawful purposes only. You agree to use the Sites and/or Products for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites and/or Products any material which violates or infringes our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Products
Most of our Products are delivered to you online in a digital format (i.e., no physical products are shipped to you). In order to access certain Products, you may be required to establish a Customer Account by providing information about yourself including your name, current email address, username, password and other personal information, which you must treat as confidential. You agree that any such information you give to the Company will always be accurate, correct and up-to-date, otherwise we will not be able to deliver important details about your Product purchase(s) to you.
You agree that the Products, including any materials contained therein, any usernames or passwords, may only be used by you – the individual who is the customer on record with the Company – as permitted herein and may not be sold or distributed without the Company’s express written consent.
Product Payments
You agree to make timely and full payments to the Company for purchased Product(s) (regardless of whether you selected to pay for the Product(s) in full or with a payment plan).
You authorize Company to automatically charge the credit card on file for any and all payment balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may revoke your access to the Products, without refund.
Refund Policy
We offer a 30-day money back guarantee. If you’re not happy within the first 30 days, we will refund your tuition paid minus the $35 for the bracelet and affirmation cards that we send students in the mail.
We mention this refund policy on our signup page here.
All refund requests must be in writing, and you must email such request to the Company’s Customer Support Department at [email protected]. It may take up to one week to process your refund request.
All refunds will be made using the same payment method that was used to purchase the Product.
Upon receiving your refund, you must stop using the Product and delete any Product materials which you may have saved on your computer or mobile device.
Limited License
For Products you have access to, the Company grants you a limited, personal, non-exclusive, non-transferable for your own personal and internal business use. Except as otherwise provided, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create competing products or services, enhance, or in any way exploit any of the Products in any manner.
You shall not remove any copyright notice from any of the Products. Doing so may infringe on our intellectual property rights, as outlined below.
Intellectual property policies
The Sites and Products contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites and Products, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. Without limiting the generality of the foregoing, you may not:
- include such content in or with any product or service that you create or distribute;
- reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Sites/Products, use of the Sites/Products, or access to the Sites/Products;
- establish: (i) a hyperlink, including a deep link, to any page or location on the Sites/Products; or (ii) a frame containing any portion of the Sites/Products, on any other website or text document with hyperlink capabilities without the express written permission of the Company;
- copy such content onto your or any other website or publication; or
- direct any other person to do any of the foregoing.
We reserve the right to immediately remove your access to our Sites and Products, without refund, if you are found to be violating this intellectual property policy.
No resale of site or product content
You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Sites and/or Products or content or other information or materials of any kind that you do not own without our express prior written consent.
Third party links and advertising on our sites and products
We may provide links to other websites or resources, which are not maintained by or related to us. Links to such sites are provided as a service to our users and customers and are not sponsored by, endorsed or otherwise affiliated with the Company. We have no control over these sites and their content, and make no representations or warranties about the content, completeness, quality or accuracy of the links, goods, services, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
Third-parties connecting to our sites and products
Company is not responsible for the content or practices of third-party websites that may be linking to our Sites and/or Products and Company and makes no representation or warranty regarding such third parties, their websites, their content, or their goods and services.
Affiliate links
From time to time, Company may include affiliate links on its Sites and in its Products. This means that if you purchase an item using an affiliate link, the Company may earn a commission. This is disclosed in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Publicly shared information not confidential
You understand that information provided or shared with us directly or indirectly, on our Sites, social media platforms, chat rooms, discussion forums or message boards (whether in the form of emails, text messages, comments, audio calls, video calls, coaching calls, webinars, or otherwise) will be broadly available to other persons, both inside of and/or outside of the Company.
Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company.
Your feedback
With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the Sites and/or Product-related forums, calls, calls, or otherwise, for the purposes of marketing or promoting the Company Sites and/or Products.
The Company and Site do NOT provide medical advice
This site offers health, wellness, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a midwife, doctor, or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, obstetrics, pediatrics, gynecology, maternal health, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
Errors, inaccuracies, and omissions
Information provided about or in the Sites and/or Products is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Sites and/or Products.
Use of testimonials and reviews
The Sites and/or Products may reference testimonials, reviews, case studies or other feedback from others about our Sites and/or Products. Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information in our Sites and/or Products.
Results not guaranteed
The Company may share the successful results of the Company, its users, or customers on the Sites and Products. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Sites and/or Products, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantees that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Sites and/or Products is a promise, warranty or guarantee to you of such results.
No warranties
THE USE OF THE SITES AND PRODUCTS ARE AT YOUR SOLE RISK. THE SITES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SITES AND PRODUCTS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (1) THE SITES AND PRODUCTS WILL MEET YOUR REQUIREMENTS, (2) THE SITES AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SITES AND PRODUCTS WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF SITES AND PRODUCTS WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SITES AND PRODUCTS WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SITES AND PRODUCTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITES AND PRODUCTS SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of liability
TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.
Indemnification
You agree to indemnify, defend, and hold us, our subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of our Sites and/or Products in violation of these Terms of Service and/or your violation of any rights of another or any applicable law, rule or regulation. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Sites and Products.
Refusal of service
We reserve the right to refuse access to the Sites and/or Products to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Sites and/or Products, without refund, if you violate these Terms of Service or other agreements governing your use of the Sites and/or Products.
Relationship of the parties
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us by virtue of your use of the Sites and/or Products. Furthermore, no professional client relationship is formed between you and Company by your use of the Sites and/or Products, unless you and the Company enter into a separate written agreement indicating our intention of entering into a professional client relationship with you.
Notices
Any notice or other communication to be given will be in writing and given by registered or certified mail return receipt requested to the physical address or email address noted below for the Company or to the last known physical address or email address associated with your account.
Governing law
The Terms of Service shall be governed by the laws of the State of Florida, and more particularly the jurisdiction shall be Walton County.
Dispute resolution
If a dispute arises under these Terms of Service, we agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Walton County, Florida. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by the both of us.
If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in Walton County, Florida. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
If any court action is necessary to enforce these Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
Recovery of litigation expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Effect of headings
The subject headings of the paragraphs and subparagraphs of this Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Waiver
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
Severability
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid. Company may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
Entire agreement
These Terms of Service, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Sites and Products, constitute the entire agreement between you and the Company with respect to the Sites and Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Sites and Products.
Changes to terms of service
We may amend these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on the Sites and/or Products. Any use of the Sites or Products by you after means you accept these amendments.
How to contact us
You can us with any questions or comments about the Terms of Service at:
Email: [email protected]
Refunds
We believe so strongly in the power and effectiveness of our course that we want to make it completely risk free for you.
Disclaimer
The information presented within the MAMA NATURAL BIRTH course is presented for educational and entertainment purposes only. Statements and opinions expressed throughout this course videos, images, and written materials should not be considered fact or medical advice. It is not meant to replace professional medical advice, diagnosis, or treatment. Always consult your health care provider if you have questions regarding your health or the health of your family.
MAMA NATURAL BIRTH presents the material within this site as is without any kind of guarantee, expressed or implied, and is not responsible for any type of loss or damage caused by anyone’s dependence on the information contained with this site.
All contents copyright © 2015 MAMA NATURAL BIRTH LLC unless specifically noted otherwise. All rights reserved and protected under all International Treaties and Agreements. This course provides information of a general nature and is designed for educational purposes only. If you have any concerns about your own health or the health of your child, you should always consult with a healthcare professional. Please review the Terms of Use below before using this site. Your use of the site indicates your agreement to be bound by the Terms of Use, MAMA NATURAL BIRTH’s Disclaimer of Warranty, Copyright Protection, and Trademark/Proprietary Rights.
Copyright
All material on this server and this internet site is protected by U.S. and international copyrights. Only personal use of such material is permitted. Requests for permission to use or reproduce such copyrighted material may be e-mailed to SUPPORT @ MAMANATURAL.COM. By using any part of the MAMA NATURAL BIRTH course, whether personally or via computerized robot, you expressly agree and consent to these terms and conditions.
By submitting any materials to MAMA NATURAL BIRTH LLC you automatically grant, or warrant that the owner of such any materials has expressly granted, MAMA NATURAL BIRTH LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such any materials (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
This site may include links to other Internet sites solely as a convenience to users. MAMA NATURAL BIRTH LLC does not endorse any such sites or the information, material, products or services contained on or accessible through the sites. You access and use such sites, including information, material, products and services therein, solely at your own risk.
Terms of use
Please read this agreement carefully before accessing or using this site. By accessing or using the site, you agree to be bound by this agreement. The information and services on this site are provided by MAMA NATURAL BIRTH LLC and its affiliates and suppliers (collectively, “MAMA NATURAL BIRTH LLC”), subject to your agreement to the terms and conditions below. MAMA NATURAL BIRTH LLC reserves the right, at any time, to modify, alter, or update theseTerms of Use, and you agree to be bound by such modifications, alterations, or updates.
Use of information & services
Always check with your healthcare provider or equivalent before making major decisions before, during and after pregnancy and childbirth. Our course information is for use as a guide, and not to replace medical advice.
The information (including without limitation advice and recommendations) and services in this course are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your unique facts. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition and prior to starting any new treatment. Nothing contained in this course is intended to be used for medical diagnosis or treatment. The information and services are provided with the understanding that neither MAMA NATURAL BIRTH nor its suppliers or users are engaged in rendering legal, medical, counseling, or other professional services or advice. Your use of the course materials is subject to the additional disclaimers and caveats that may appear throughout the site.
MAMA NATURAL BIRTH LLC and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on this site.
Disclaimer of warranty
MAMA NATURAL BIRTH LLC makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the information, services, and materials contained in this course. All materials are provided “as is” and “as available” and feature our 30-day money back guarantee.
Limitation of liability
In no event shall MAMA NATURAL BIRTH LLC (including our affiliates and suppliers) be liable for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the course materials, any information contained on this website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Indemnification
You agree to indemnify, defend and hold harmless MAMA NATURAL BIRTH LLC (including its affiliates and suppliers) from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site.
Changes to site
MAMA NATURAL BIRTH LLC and its suppliers may and are allowed to make improvements or changes in the information, services, products, and other materials on this site, or terminate this site, at any time without notice. MAMA NATURAL BIRTH LLC may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.
Miscellaneous
This agreement and the resolution of any dispute related to this Agreement or the site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. MAMA NATURAL BIRTH’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between MAMA NATURAL BIRTH LLC and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, County of Orange.
Proprietary rights
All materials on this site are owned and copyrighted by MAMA NATURAL BIRTH LLC or its affiliates or suppliers and may not be accessed, downloaded or printed for any commercial or non-commercial use. Without the prior written permission of MAMA NATURAL BIRTH LLC, you may not copy, distribute or transfer any material on this site, in whole or in part. All trademarks, service marks, and trade names (collectively the “marks”) are proprietary to MAMA NATURAL BIRTH LLC or other respective owners that have granted MAMA NATURAL BIRTH LLC the right and license to use such marks.
Thank you so much for reviewing this agreement!