Business of Birth LLC is dedicated to promoting birth as a natural process, one that can be a transformative and rewarding experience for women. We support birth professionals that advocate a natural birth as an ideal for mother and baby, and encourage women to research their birth options. This website, thebusinessofbeingborn.com, and the documentary film from which it was inspired, look to provide a starting point for resources and community around this topic.
Welcome to the website for Business of Birth LLC. Business of Birth LLC ("we","our" or "us") operates a website under the name The Business of Being Born (www.thebusinessofbeingborn.com). The services offered by us include the aforementioned website and any successor website (the "Website") and any other features or content offered from time to time by us in connection with the Website (collectively, the "Services"). The Services and Website are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms of your use of the Services and the Website ("you"). By using the Website, you agree to be bound by this Agreement. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, please leave the Website and discontinue use of the Services immediately.
This Agreement includes our policy for acceptable use of the Services and any information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material posted by you or any other user on the Website (collectively, "User" "Content"), your rights, obligations and restrictions regarding your use of the Services and the Website and our Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Such additional terms are hereby incorporated into this Agreement by reference.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Website or Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not accept any changes, you may choose not to use the Website or opt out of any offer by contacting us at: info@thebusinessofbeingborn.com.
We reserve the right, in our sole discretion, to reject, refuse to post, edit or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Website or Services at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Website or Services if we determine, in our sole discretion, that you pose a threat to the Website or other users, or that you have violated this Agreement.
I. ONLINE CONDUCT
You, as a user, agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If we are notified of any User Content on the Website posted by you that is allegedly infringing, defamatory, damaging, illegal, or offensive, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Website. We may disclose any User Content or electronic communication of any kind (i) to satisfy any law, regulation, or court/government request or order; (ii) if such disclosure is necessary or appropriate to operate our Website; or (iii) to protect our rights or property and our officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, “Providers”) and any other user.
We reserve the right to prohibit conduct, communication, or User Content that we deem in our sole discretion to be harmful to us, to individual users, to the Website, to the communities that use the Website, or to any rights of Business of Birth or any third party, or which we believe violates any applicable law. Notwithstanding the foregoing, neither Business of Birth nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither Business of Birth nor any of its Providers shall assume liability for any action or inaction with respect to conduct, communication, or User Content on the Website.
II. TRADEMARKS
TheBusinessofBeingBorn.com and Business of Birth LLC are trademarks or service marks of Business of Birth LLC. All rights are reserved. These marks and all other graphics, logos, service marks, trademarks and trade dress of Business of Birth LLC used on the Website may not be used without our prior written consent. Without limiting the foregoing, no trademark or trade dress of ours may be used in connection with any product or service that is not Business of Birth LLC’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Business of Birth LLC.
III. CONTENT
A. Proprietary Rights
You acknowledge that the Website contains content that is owned by Business of Birth LLC ("Proprietary Content") which is protected by copyrights, trademarks or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The Website, including Proprietary Content thereon, is protected by copyright under U.S. law and international treaties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the Proprietary Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Proprietary Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Proprietary Content, such as all copyright notices, trademark legends, or other proprietary rights notices.
B. Prohibited Activity
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communications from the Website and reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to content that, in the sole discretion of Business of Birth LLC:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains sexually suggestive, pornographic or obscene imagery, nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. is an unauthorized copy of another’s image or copyrighted work, or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated videos or music or links to pirated video or music files;
8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10. constitutes, furthers or promotes any criminal or tortious activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, narco-trafficking, violating someone's privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
13. includes a photograph of another person that you have posted without that person's consent; or
14. uses any unfair, misleading or deceptive content intended to draw traffic.
15. interferes with, disrupts, or creates an undue burden on the Website or the networks or services connected to the Website;
16. attempts to impersonate another user or person;
17. uses any information obtained from the Services or the Website in order to harass, abuse, or harm another person;
18. uses the Website or Services in a manner inconsistent with any and all applicable laws and regulations.
IV. NON-COMMERCIAL USE
The Website is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Website or Services is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Website or Services.
V. AGE OF USERS
We do not intend the Website to be used by minors under the age of 13. Furthermore, we do not market the Website for use by minors under the age of 13. If you are under the age of 13, you may use the Website only with express parental consent.
VI. ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically, which constitutes your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
VII. BILLING, SHIPPING AND RETURN POLICIES
Certain products and services are for sale on this Website. We accept Discover, Mastercard and Visa credit cards for payment for such products and services. We do not accept debit cards at this time. In the event you wish to purchase any products or services, you will need to provide certain personal information, including your full name, address, and credit card information. You agree to provide information that is accurate, complete and current. You will be responsible for all charges incurred through your account as well as any applicable taxes.
Fees will be charged to your credit card at the time of your order and the items purchased will be shipped promptly upon our receipt of your payment for such items. Items purchased with Standard shipping will be sent via United States Postal Service ("USPS") First Class Mail and the purchased items should arrive at the shipping address within approximately 5-7 days. Items purchased with Express Shipping will be sent via USPS Express Mail and should arrive at the shipping address within approximately 3-5 days. A confirmation email with tracking information will be sent upon shipment. Please note that for Standard Shipping outside the United States there is no tracking number provided. We reserve the right to change the prices and fees we charge at any time.
Business of Birth LLC will accept returns of merchandise purchased through the Website if made within 30 days. Items must be returned in unopened packaging to: BoBB Returns Department, 181 Marsh Hill Road, Orange, CT 06477. We will refund credit card charges for damaged or defective items, but we do not refund shipping charges unless there was an error in shipping.
VIII. ADVERTISING POLICY
We regularly seek sponsorships from relevant organizations and manufacturers dedicated to maternity care and natural parenting. We will always indicate sponsored content where it appears.
IX. DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER BUSINESS OF BIRTH LLC NOR ANY OF OUR PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF ANY INFORMATION, OPINION, ADVICE, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE; OR (IV) THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF BUSINESS OF BIRTH LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT AVAILABLE VIA THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT BUSINESS OF BIRTH LLC IS NOT RENDERING MEDICAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT LOCATED ON THE WEBSITE IS NOT INTENDED TO BE MEDICAL OR HEALTHCARE ADVICE, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER.
NEITHER BUSINESS OF BIRTH LLC NOR ANY OF OUR PROVIDERS GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS BEYOND OUR CONTROL OR THAT OF ANY OF OUR PROVIDERS.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
NEITHER WE NOR ANY OR OUR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE, THE SERVICES OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF WE OR OUR PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
X. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
XI. APPLICABLE LAW; JURISDICTION
The Website is created and controlled by Business of Birth LLC in the State of California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles directing the choice of another jurisdiction’s laws. The parties agree that, subject to Section XII, exclusive venue shall be in courts of competent jurisdiction sitting in Los Angeles County, California.
XII. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Agreement or any Related Agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the "JAMS Rules"), as modified by this Agreement. Such arbitration shall occur in Los Angeles County, California and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. California Code of Civil Procedure Section 1283.05, which provides for certain discovery rights, shall apply to any such arbitration, and such Code Section is incorporated herein by reference. Discovery issues shall be decided by the arbitrator.
Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in order to protect our intellectual property rights and to support our rights and remedies hereunder without waiving any right to arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
XIII. INDEMNITY
You agree to indemnify and hold Business of Birth LLC, its Providers, and its and their subsidiaries, affiliates, and respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Website or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content that you post on the Website or through the Services causes us to be liable to another person.
XIV. OTHER
This Agreement is accepted upon your use of the Website or any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
XV. PRIVACY
A. Data and Personal Information that We Collect
The Website provides you with the option to join our online community, which allows you to receive updates about upcoming screenings, theatrical releases, and distribution information relating to the film "The Business of Being Born." If you choose to join our online community we will collect your first and last name and email address. Such information will not be shared, and you can opt-out of further communications from us at any time by contacting us at info@thebusinessofbeingborn.com. If you post a blog or comment on our site, or if you make a purchase from our webstore, this information may also be collected and added to our email list. We may collect such information as your computer’s IP address when you visit the Website, and other usage information, by virtue of your visiting the Website, whether or not you submit personal information to us.
B. Use of the Personal Information that We Collect
We may use any contact information you provide us to contact you regarding other products and services we offer. Each time we send you advertising or marketing materials, we will provide you with the opportunity to opt-out of receiving such materials in the future. You may also opt-out of receiving such materials at any time in accordance with the instructions provided in this policy.
Our servers, which may be hosted by one or more third parties, will store this personal information, and may record such usage data as URLs of the websites from which you came to the Website, and to which you went from the Website, your IP address, what type of browser you use and the date and time of your Website visit(s). Usage data may be used by us for administrative, analytical, research, optimization and other purposes, and this data in aggregated, anonymized form may be shared with third parties who provide such analytical and/or optimization services. When we use third parties to assist us in processing your personal information, we require that they comply with this Privacy Policy and otherwise protect your personal information, applying security features that are standard in the webhosting industry for websites of this nature.
We may also disclose the personal or other information collected if required by law or court order, or if the information relates to actual or threatened harmful conduct, or to investigate and/or take action against illegal activity, suspected abuse or unauthorized use of the Website, or to protect the property or safety of others, or in the event of the sale or other transfer of ownership of the Website or of us.
C. Your Rights
We ask that you keep the personal information that you provide to us current and that you correct any information you have provided us by contacting us at info@thebusinessofbeingborn.com. If you wish to opt-out of further communications from us, or you do not want us to provide your personal information to third parties, contact us at info@thebusinessofbeingborn.com and tell us that you opt-out of our provision of personal information to third parties. It is entirely you choice whether or not you provide personal information to us.
D. Third Party Websites
This Website contains links to other websites and web pages. We want you to understand that when you click on such links, which will transport you to third party websites, you are no longer subject to this Privacy Policy, but are instead subject to terms of use and privacy policies that apply to such third party website(s). Please review them carefully. We disclaim all liability related to such third party websites.
E. Website Security
This Website has security measures in place that are commercially reasonable efforts to protect your personal information. We use secure sockets layer ("SSL") protocols to process all transactions. For purchases, as soon as you enter your payment information and click on the "Send Payment" button your data will be securely transmitted to Authorize.net’s payment gateway, which will pass such information via a secure connection to our bank’s processor. We do not have access to your credit card information when we process your payment, nor do we store your credit card information. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of your data and information. While no server is completely secure, we believe our measures are appropriate to the confidentiality of the information involved.
F. Legal Disclaimer
This Website is intended for the use of U.S. entities and individuals and runs on U.S.-based servers, and we make no attempt to comply with the privacy (or security) policies of any country other than the United States. We use commercially reasonable efforts to protect your personal information, but cannot assure that it will not be inadvertently disclosed.
XVI. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between you and us regarding your relationship with us and supersedes any prior statements or representations. When using the Website or making a purchase, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
XVII. MODIFICATION
We reserve the right to make changes to the Website, posted policies and these Terms of Use at any time without notice.
Please contact us at: info@thebusinessofbeingborn.com with any questions regarding this agreement.