Terms of
Use
Effective
Date: December 29, 2006
GivingBirthNaturally.com, (“GivingBirthNaturally.com”, “we”, “us” or
“our”) maintains its website at www.givingbirthnaturally.com (“Site”)
for your personal information and enjoyment. At the same
time, please remember that your access to this Site is subject to the
following terms (“Terms of Use”) as well as all applicable
laws. PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
GivingBirthNaturally.com MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
Medical or Legal Advice
The information, services, products and other materials provided on or
through the Site ("Site Content") are for informational purposes only
and are not intended to be or to substitute for medical advice,
diagnosis, treatment or for legal advice. You should always seek the
advice of (i) a physician, nurse, midwife or other health care
professional regarding your individual medical questions and any
particular medical treatment and (ii) an attorney regarding your
individual legal questions.
Ownership of Copyrights, Site Content and Trademarks
GivingBirthNaturally.com owns or has licensed from third
parties all
rights in and to all copyrights on this Site and in the Site Content,
including but not limited to all text, designs, graphics, databases and
other material on this Site. YOU MAY NOT MODIFY, COPY
(ELECTRONICALLY OR OTHERWISE), REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
SITE CONTENT, IN WHOLE OR IN PART, INCLUDING TEXT, GRAPHICS, CODE
AND/OR SOFTWARE, WITHOUT WRITTEN PERMISSION FROM
GivingBirthNaturally.com.
The trademarks, logos and service marks, whether registered or
unregistered (collectively the "Trademarks") displayed on this Site are
Trademarks of GivingBirthNaturally.com and others. You may not use any
Trademarks on this Site without prior written permission from
GivingBirthNaturally.com or the third party owner of the
Trademark. Misuse of any Trademarks, or any other Site
Content, displayed on this Site is prohibited.
Any use of any copyrights or Trademarks on the Site, and/or the Site
Content, not expressly permitted by these Terms of Use is a breach of
these Terms of Use and may violate copyright, trademark, and other
laws. All rights not expressly granted herein are reserved to
GivingBirthNaturally.com and its licensors. The Site Content
and features on this Site are subject to change or termination without
notice in the editorial discretion of GivingBirthNaturally.com.
You agree to grant to GivingBirthNaturally.com a non-exclusive,
royalty-free,
worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups) or by e-mail to
GivingBirthNaturally.com by all means and in any media now
known or hereafter developed. You also grant to
GivingBirthNaturally.com the right to use your name in
connection with the submitted materials and other information as well
as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against GivingBirthNaturally.com for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to GivingBirthNaturally.com.
Links and Resources
This Site contains links to other web sites and refers to third-party
resources. These links and resources are provided as a convenience only
and do not imply that GivingBirthNaturally.com endorses any of these
web sites or resource
s. GivingBirthNaturally.com has not reviewed any or all of the sites
that may be linked to this Site and is not responsible for any sites
linked to this Site. GivingBirthNaturally.com makes no warranties about
and specifically disclaims all liability regarding third-party website
and materials. Your linking to any sites from the Site is at
your own risk.
You understand that, except for information, products or services
clearly identified as being supplied by GivingBirthNaturally.com,
GivingBirthNaturally.comdoes not operate, control or endorse
any information, products or services on the Internet in any way.
Except for GivingBirthNaturally.com- identified information,
products or services, all information, products and services offered
through the Site or on the Internet generally are offered by third
parties, that are not affiliated with GivingBirthNaturally.com a. You
also understand that GivingBirthNaturally.com cannot and does not
guarantee or
warrant that files available for downloading through the Site will be
free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any
lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. GivingBirthNaturally.com PROVIDES THE
SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND GivingBirthNaturally.com SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. GivingBirthNaturally.com DOES NOT
WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
GivingBirthNaturally.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Children's Privacy
We are committed to protecting the privacy of children. You should be
aware that this Site is not intended or designed to attract children
under the age of 13. We do not collect personally identifiable
information from any person we actually know is a child under the age
of 13. Please consult our Privacy Policy for more information
on the collection and use of information.
Disclaimer and Limitation of Liability
This Site is provided "as is" and you use this Site and all Site
Content at your own risk.
GivingBirthNaturally.com endeavors to provide accurate and
current information on the Site. Unless otherwise noted, the Site
Content & online childbirth education programs are not written
by doctors or other health care professionals.
GivingBirthNaturally.com ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
ERRORS OR OMISSIONS ON THIS SITE, OR FOR ANY DAMAGE TO YOU, YOUR
COMPUTER OR YOUR OTHER PROPERTY, DUE TO YOUR ACCESS TO, USE OF, OR
DOWNLOADING OF THIS SITE OR ANY SITE CONTENT. NEITHER
GivingBirthNaturally.com, ANY OF ITS SUPPLIERS, NOR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE IS LIABLE FOR
ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, WRONGFUL
DEATH, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF GivingBirthNaturally.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR
ANY MATERIAL FROM THE SITE. WITHOUT LIMITING THE FOREGOING, THE SITE
AND THE MATERIAL PROVIDED ON THE SITE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions
may not allow the exclusion of implied warranties, so this statement
may not apply to you.
IN NO EVENT WILL GivingBirthNaturally.com BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF GivingBirthNaturally.com OR ITS
AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, GivingBirthNaturally.com LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
GivingBirthNaturally.com makes no representations whatsoever
about any other web site which you may access through this one or which
may link to this Site. When you access a
non-GivingBirthNaturally.com web site, please understand
that it is independent from GivingBirthNaturally.com, and
that GivingBirthNaturally.com has no control over the
content on that web site. In addition, a link to a
GivingBirthNaturally.com web site does not mean that
GivingBirthNaturally.com endorses or accepts any
responsibility for the content, or the use, of such web site.
Indemnity
You agree to indemnify, defend and hold harmless
GivingBirthNaturally.com, its officers, directors, employees, agents,
licensors, supliers and any third party information providers and its
affiliated companies, and their respective directors, officers and
employees, against all losses, liabilities, damages, and expenses
(including reasonable attorneys' fees) arising out of any third-party
claim relating to your use of this Site or resulting from any
violation of this Agreement (including negligent or wrongful conduct)
by you or any other person accessing the Site including without
limitation the Site Content. Each of these individuals or
entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
Governing Law and Jurisdiction
GivingBirthNaturally.com is headquartered in Illinois, in the
United States. Illinois State law, without regard to its conflicts of
laws principles, will govern your use of this Site. You and
GivingBirthNaturally.com agree to submit to the exclusive jurisdiction
of the state and federal courts located in the county and state of
Illinois regarding any disputes arising from your use of this Site and
waive any objection based on forum non conveniens or other reasons.
Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred.
GivingBirthNaturally.com's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. GivingBirthNaturally.com may
assign its rights and duties under this Agreement to any party at any
time without notice to you. Any rights not expressly granted herein are
reserved.
Questions or Permissions
If you have any questions regarding these Terms of Use and/or to
request permission to use any Site Content or Trademarks, please
contact:
GivingBirthNaturally.com
32424 N 1600 East Rd
Blackstone IL 61313
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