Introduction
Welcome to Birthkind! Please read these Terms of Service ("Terms", "Agreement") carefully before using our website and services. By accessing or using Birthkind.co (the "Site") and its associated services (“Services”), you agree to be bound by these Terms. If you do not agree with these Terms, you must discontinue use of this Site and Services immediately.
About Birthkind
Birthkind provides a platform for Users to engage with various services offered by the company.
Membership Eligibility
Birthkind is intended to assist certified and practicing Doulas and other perinatal support providers. To become a member (“Member”, “User”), you must:
- Be at least 18 years old;
- Be legally authorized to work and practice within the United Stated and are compliant with the requirements of the state in which you are practicing;
- Agree to abide by Birthkind's Community Guidelines.
By registering, you represent and warrant that you meet all eligibility requirements.
Account Registration
When you create an account, you agree to:
- Provide accurate and complete information
- Maintain the confidentiality of your login credentials
- Be responsible for all activity under your account
We reserve the right to suspend or terminate your account if any information provided is inaccurate or misleading.
Membership Fees and Payments
Memberships may require payment. By subscribing, you agree to:
- Pay all applicable fees
- Authorize us to charge your chosen payment method
- Comply with the billing terms outlined at the time of purchase
All payments are non-refundable unless stated otherwise.
Disclaimer
Birthkind does not endorse, verify, or take responsibility for any User-generated content posted, uploaded, or otherwise made available on the Site by its users. Birthkind makes no representations or warranties regarding the accuracy, quality, reliability, legality, or completeness of any User-generated content, and it expressly disclaims any and all liability in connection with such content. Users acknowledge that they are solely responsible for any content they create, share, or interact with on the Site.
While Birthkind may, at its discretion, monitor, review, or moderate User-generated content, it is under no obligation to do so, and it does not assume any responsibility for the actions, omissions, or content of users. Users understand that by using the Site, they may be exposed to content that is inaccurate, misleading, offensive, or otherwise objectionable, and they agree to use the Site at their own risk.
Furthermore, Birthkind does not guarantee the accuracy, completeness, or timeliness of any information, data, or content provided on the Site, whether generated by users, Birthkind, or third parties. Any reliance you place on such information is strictly at your own discretion and risk. Birthkind disclaims all warranties, express or implied, including but not limited to warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement.
In no event shall Birthkind be liable for any loss, damage, or harm resulting from your reliance on any User-generated content or information available on the Site. Users are encouraged to exercise caution, conduct their own research, and seek professional advice where appropriate.
User Responsibilities
You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username, password, and any other information associated with your account. You agree to take all necessary steps to protect your login details and prevent unauthorized access to your account. This includes, but is not limited to, using strong passwords, regularly updating your password, and ensuring that you do not share your login information with others.
You are also responsible for all activities, actions, and transactions that occur under your account, whether authorized by you or not. Birthkind will not be liable for any loss or damage arising from the unauthorized use of your account. If you become aware of, or suspect, any unauthorized access, security breach, or other misuse of your account, you must immediately notify Birthkind so that appropriate measures can be taken to secure your account.
Failure to maintain the confidentiality of your account credentials or to promptly report unauthorized use may result in the suspension or termination of your access to the Site and Services. Birthkind reserves the right to take any action it deems necessary to protect the security of user accounts and the Site, including but not limited to monitoring account activity, restricting account access, or requiring additional verification to regain access.
Prohibited Uses
You agree not to use the Site for any unlawful, unauthorized, or malicious activities, or in any manner that violates applicable federal, state, or local laws or regulations. You also agree not to engage in any behavior that could damage, disable, disrupt, or impair the functionality, performance, or security of the Site, or that could harm the experience of other users. Prohibited activities include, but are not limited to:
1. Engaging in, promoting, or facilitating illegal, fraudulent, or harmful conduct, including but not limited to financial fraud, identity theft, and illegal trade.
2. Violating, infringing, or misappropriating the intellectual property rights, privacy rights, or other legal rights of third parties, including posting, sharing, or distributing any defamatory, libelous, or unlawful content.
3. Uploading, transmitting, or distributing any software, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, including viruses, malware, spyware, ransomware, or other harmful code.
4. Attempting to gain unauthorized access to the Site, its servers, or any related systems, networks, or data, including through hacking, password mining, or any other illegitimate means.
5. Engaging in activities that seek to interfere with or disrupt the security, availability, or integrity of the Site or its services, including any form of denial-of-service attack, network flooding, or spamming.
6. Using automated systems, scripts, bots, or other means to extract, collect, or harvest data from the Site, or to overload or excessively burden its infrastructure.
7. Circumventing or attempting to bypass any content-filtering techniques, security measures, or access restrictions implemented on the Site.
Violations of this clause may result in immediate suspension or termination of your access to the Site and could lead to civil or criminal liability.
Intellectual Property
All intellectual property rights associated with the Site, including but not limited to copyrights, trademarks, trade secrets, patents, and any other proprietary information, are and shall remain the exclusive property of Birthkind. This includes, without limitation, all content, design elements, text, graphics, logos, icons, images, software, and other materials available on or through the Site. Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal purposes and for use in their personal doula related business, subject to compliance with these terms and conditions.
Users are strictly prohibited from copying, reproducing, distributing, publishing, displaying, performing, modifying, creating derivative works from, transmitting, or otherwise exploiting any part of the Site's content without the prior written consent of Birthkind. Any unauthorized use of the intellectual property, including but not limited to the removal of copyright or trademark notices, is strictly prohibited and may result in legal action.
Nothing in these terms or on the Site should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any of Birthkind's intellectual property without express written permission. Birthkind reserves all rights not expressly granted herein, and users acknowledge that any unauthorized use may lead to civil or criminal penalties, including but not limited to claims for damages, injunctive relief, and legal fees.
Termination
Birthkind reserves the right to terminate, suspend, or restrict your access to the Site and Services, at its sole discretion and without prior notice, if you are found to be in violation of any of these Terms, or if Birthkind believes your actions may cause harm, disruption, or legal liability to the Site, other users, or third parties. Termination may include, but is not limited to, the cancellation of your account, the removal of any content you have uploaded, and the restriction of your ability to use certain features or Services.
Upon termination, you will remain responsible for any outstanding obligations or liabilities incurred prior to or resulting from your use of the Site and Services. These may include, but are not limited to, payment obligations, indemnity clauses, and any legal obligations that survive the termination of your access. Birthkind is not liable to you or any third party for any consequences arising from the suspension or termination of your account or access to the Services.
Additionally, Birthkind reserves the right to take legal action if your conduct is found to be unlawful, fraudulent, or in violation of any applicable regulations. Any terms that, by their nature, are intended to survive termination (including but not limited to indemnities, disclaimers, and limitations of liability) will continue to be in full effect following the termination of your access to the Site and Services.
Limitation of Liability
Birthkind shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with your use of, or inability to use, the Site or Services. This includes, but is not limited to, damages for loss of profits, revenue, business, goodwill, data, or other intangible losses; personal injury; unauthorized access to or alteration of your data; loss of business opportunities; or any other commercial or economic loss, even if Birthkind has been advised of the possibility of such damages.
Your use of the Site and Services is at your own risk, and you assume full responsibility for any resulting loss or damage to your systems, devices, or data. Birthkind disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and freedom from computer viruses or other harmful code.
In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, Birthkind’s liability shall be limited to the maximum extent allowed by law. Under no circumstances shall Birthkind’s total liability to you for any claims, losses, or damages arising under these Terms exceed the amount you paid, if any, for accessing the Site or Services during the twelve (12) months preceding the event giving rise to the claim.
This limitation of liability is a fundamental part of the agreement between you and Birthkind, and your access to the Site and Services would not be provided without such limitations.
Dispute Resolution
In the event of any dispute arising out of your use of the Site or Services, you agree to resolve the matter through binding arbitration in the State of Oregon, unless otherwise required by applicable law.
Changes to These Terms
Birthkind reserves the right to modify, update, or amend these Terms at any time, at its sole discretion, without prior notice to you. Any such modifications will become effective immediately upon posting on the Site, unless otherwise specified. By continuing to access or use the Site after changes have been made, you acknowledge and agree to be bound by the revised Terms. If you do not agree to the new Terms, you must discontinue use of the Site and any related Services.
It is your responsibility to regularly review these Terms to stay informed of any updates or modifications. Birthkind recommends that you check this page periodically for changes. Your continued use of the Site following the posting of changes constitutes acceptance of those changes. Birthkind is not liable for any consequences resulting from your failure to become aware of any modifications to the Terms.
In the event of significant changes that may materially affect your rights or obligations, Birthkind may, at its discretion, provide additional forms of notice, such as sending an email notification or displaying a prominent notice on the Site. However, it remains your responsibility to review and understand the Terms and any changes that may occur.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
Contact Us
If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at:
Birthkind
2355 State St Ste 101, Salem, OR 97301
hey@birthkind.co
