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Terms and Conditions of Membership

Acceptance of Terms - March 10, 2014

Welcome to Birthing Mama. This program is a companion to take you on a deep journey of transformation as you go through your pregnancy. The writing comes from years of study, practice, contemplation, and teaching. It also draws from personal experience with Embodyoga®, Hatha Yoga, Tantra Yoga, Kundalini Yoga, Body Mind Centering, Studies in Holistic Health and Healing, and various realms of Spirituality and Spiritual Teachers. You will also find contributing authors in Birthing Mama, who are experts in their fields.

Birthing Mama provides offerings to you subject to the following terms, conditions, and notices for purposes of protecting the privacy and security of our participants and visitors. By visiting, or signing up for Birthing Mama, you accept all disclaimers, the Privacy Policy, and the Terms and Conditions of Use (collectively “Terms and Conditions”).

References to Birthing Mama throughout these Terms and Conditions shall mean Birthing Mama and Shraddha Yoga its affiliates, subsidiaries, divisions, and operational designees. Birthing Mama reserves the right to make changes to this Site and revise these Terms and Conditions at any time. If you do not agree to be bound by the current Terms and Conditions, your sole remedy is not to visit this Site or participate in the accompanying offerings.

Birthing Mama makes every effort to keep this Site up and running smoothly. However, Birthing Mama accepts no responsibility for this Site being temporarily unavailable due to technical issues beyond our control.

Ownership of Content

All trademarks, logos, and/or designs used on this Site, or in any message, whether registered or unregistered, are owned by Birthing Mama or third parties. All images and content (collectively “content”) contained on this Site, unless otherwise specified, are the property of Birthing Mama. All content, including the Site’s overall design, and look and feel, is subject to, and protected by the copyright laws of the United States and title to the Content shall not pass to you or any other Participant or Visitor of this Site. Any use of any Birthing Mama Content without prior written consent from Birthing Mama, is strictly prohibited.

User Contributions

Certain areas of the Site may allow Participants and Visitors to submit content including reviews, suggestions, and/or blog posts (collectively “User Contributions”). Any User Contribution you make is at your own risk and Birthing Mama assumes no liability for any User Contributions posted, stored, or uploaded by you or any third-party, or for any loss or damage thereto. Any information posted on the Site by any party will be available to all visitors, and any such posting by any party hereby agrees to such use by Birthing Mama. IN ADDITION TO ANY OTHER DISCLAIMER CONTAINED HEREIN, BIRTHING MAMA HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION DISPLAYED WILL BE ACCURATE, TIMELY, COMPLETE, ERROR-FREE, OR INOFFENSIVE AT ALL TIMES. While Birthing Mama is under no express obligation to monitor User Contributions posted on the Site, we reserve the right to alter or remove any User Contributions posted on the Site at any time and for any reason without notice.

License Agreement

Birthing Mama grants to you a non-exclusive, non-transferable, revocable, limited license to view, copy, and print content retrieved from this Site or from offerings sent to you from Birthing Mama. This license is granted on the condition that you do not remove any copyright or trademark notices. Further, by posting or submitting User Contributions, you grant Birthing Mama a non-exclusive, royalty free, perpetual, and irrevocable license to use, publish, reproduce, modify, translate, create derivative work from, distribute and display your User Contributions throughout the world in any manner including the right to sublicense, assign, and commercialize.

User Contribution Infringement Policy

By submitting User Contributions to this Site you warrant and represent that you own or control all intellectual property rights to the User Contributions that you post or submit to our Site, that the information you provide is accurate, that no laws prohibit such User Contributions.

Unlawful Use Prohibited

No Participant or Visitor shall use or attempt to use Birthing Mama for any unlawful purpose, or for any purpose prohibited by the terms, conditions, and notices set forth herein. In addition, no Participant or Visitor shall use or attempt to use Birthing Mama in a way that could damage, disable, overburden, or impair the server, or the network(s) connected to the server, or interfere with any other Participant or Visitor’s use and enjoyment of the Birthing Mama Site. Further, no Participant or Visitor may gain or attempt to gain unauthorized access to any information not made generally available through Birthing Mama including, without limitation, hacking, data mining, spamming, spy ware, phishing or pharming, copyright or trademark infringement, defamation, slander, or harassment, unlawful or fraudulent advertising or solicitation, each of which are strictly prohibited.

Termination of use

Birthing Mama may, it our sole discretion, terminate any account created through this Site, as well as your use of this Site at any time, without notice. Further, Birthing Mama reserves the right to suspend or discontinue any or all aspects of this Site without notice.

Advertisements, Searches, and Links to Other Sites

Birthing Mama may provide links to third-parties on this Site. Birthing Mama does not recommend or endorse the content on third-party sites and is not responsible for the content of linked sites or advertisements. Further, Birthing Mama makes no warranties as to the accuracy or timeliness of the third-party sites. All Participants and Visitors use third-party sites at their own risk. Because of this, Birthing Mama advises that Participants and Visitors read the terms and conditions listed on the third-parties’ websites.

Disclaimer of Warranties

The content of the Birthing Mama Site is presented solely for the informational and recreational use of any and all Participants and Visitors, and does not in any manner constitute medical advice. Birthing Mama is NOT a medical organization, and nothing contained on this Site or in Birthing Mama recommended products, or educational features and services should be construed as medical advice or a medical advice substitute for medical advice or as a medical diagnosis. This companion is by no means meant to substitute medical care by licensed nurse midwives, homebirth midwives, obgyn’s and physicians. Birthing Mama recommends that you always seek the advice of your physician or another qualified health care provider at all times throughout your pregnancy. You should never disregard medial advice given to you from your physician.

Further, the herbal and nutritional advices, as well as the recommended recipes have not been approved by the Food and Drug Administration (“FDA”). You as a Participant or Visitor should be cautious of any allergies you may have and should consult your medical providers prior to using any herbal or nutritional supplement, and before making any dietary change. By participating in the recommended activities you acknowledge that you are entering into such activity at your own risk.

All Participants and Visitors should at all times seek independent health and fitness evaluations and to consider each product, service and/or device in the context of personal needs in light of such evaluation, and in the case of medical professionals, in the context of his or her own clinical experience and practice Birthing Mama is intended for use only by healthy adult individuals. Before engaging in any Birthing Mama suggestion, approach, or activity, please consult with your professional medical provider. Birthing Mama does not guarantee that any of the information contained on its Website is reliable, timely, accurate and/or complete.

BIRTHING MAMA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, AND ANY SERVICES, CONTENT, OR INFORMATION CONTAINED ON OR PROVIDED BY THIS SITE IS PROVIDED ON AN "AS IS" BASIS. BIRTHING MAMA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER REALTIVE TO THIS SITE INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, NON-INFRINGEMENT, THAT ANY INFORMATION WILL BE ACCURATE OR ERROR FREE, TITLE, AND THAT ANY PRODUCT OR SERVICE CONTAINED ON THIS SITE COMPLIES WITH STATE OR FEDERAL LAW, WHETHER WRITTEN, ORAL, OR PROVIDED IN ELECTRONIC FORM BIRTHING MAMA SHALL NOT BE LIABLE, WHETHER IN TORT, CONTRACT, OR STRICT LIABILITY, FOR ANY ACTUAL DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ALLEGEDLY ARISING OUT OF THE USE OF, OR RELIANCE UPON, ANY PRODUCT, SERVICE, OR INFORMATION, CONTAINED IN, OR PURCHASED FROM BIRTHING MAMA.

Disclaimer of Medical Advice

BIRTHING MAMA AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION PROVIDED THROUGH THIS SITE VIA VIDEO OR ANY MESSAGE SENT BY US OR A RECOMMENDED SERVICE PROVIDER. BIRTHING MAMA CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION DELIVERED. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OBTAINED THROUGH YOUR PARTICIPATION IN BABY MAMA OFFERINGS IS USED AT YOUR OWN RISK. IN NO EVENT SHALL BIRTHING MAMA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. PARTICIPANTS AND VISITORS HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE FROM BIRTHING MAMA. IF YOU RESIDE IN A STATE THAT DOES NOT ALLOW THE ABOVE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

Each Participant or Visitor of this site hereby agrees to indemnify, save, and hold harmless Birthing Mama and its representatives, agents, and employees, as well as exhibitors of Birthing Mama, and to defend against any and all claims, liabilities, damages, costs, (including reasonable attorney’s fees) to the full extent provided by law caused by, arising out of, or resulting from, wholly or in part, your posts, unauthorized or authorized use of material obtained through Birthing Mama, or from your breach of the terms, conditions, and notices, Federal, or state law. Further, Birthing Mama shall not be liable for any personal injury, including death caused by your use or misuse of this site or accompanying offerings.

Severance

If any part of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Complete Agreement

These Terms and Conditions, together with the Birthing Mama Privacy Policy constitute the entire agreement between you and Birthing Mama with respect to the use of this Site.



BIRTHING MAMA'S PRIVACY POLICY

OUR COMMITMENT TO PRIVACY - Effective Date: March 10, 2014

Protecting your privacy is very important to us. Our Online Privacy Policy is available on this Site to inform you about our use of your personal information.

1. Collection or Gathering of Personal Information.
From time to time you may provide Birthing Mama with personal information that tells us who you are and other things about you. This information may include your name, address, telephone number, email address, or health information.

2. Use of Personal Information.
If you join the Birthing Mama online community, we may use your Personal Information to provide and maintain the accounts and satisfaction of our clients. We do not sell your personal information to anyone. We only disclose personal information for the primary purpose for which it was collected. However, under some circumstances, Birthing Mama will release certain account information when we believe release is appropriate or to comply with applicable law or to protect the rights and safety of our Participants and Visitors. Among other things your personal information may be used to:

3. Privacy Disclaimer.
Birthing Mama takes reasonable steps to safeguard personal information of our Participants and Visitors. However, IN NO EVENT SHALL BIRTHING MAMA OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD-PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BIRTHING MAMA WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. IF YOU DO NOT AGREE WITH THIS PROVISION, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THIS SITE OR BIRTHING MAMA OFFERINGS.

4. Cookies.
Birthing Mama may or may not utilize “cookies” to personalize services to Visitors. Cookies are pieces of information that a website transfers to your computer’s hard drive to store and track information about you. Birthing Mama does not, however, collect visitor information retrieved from these cookies. Generally, you are able to configure your browser to either accept or reject all cookies. Please refer to your browser instructions to learn more about this option.

5. Site Registration.
You may have to register to receive Birthing Mama features including recipes, yoga videos, and prenatal nutritional advice. Registration is an optional service provided by our Site. You do not have to register to browse on our Site, but you do have to register to receive Birthing Mama offerings. When you register, you are asked for information such as your name, address, phone number, e-mail address, a password that you select, and your interests, if you choose to register them.

6. E-mail Communications, Newsletter and Related Services.
Birthing Mama provides you with the opportunity to receive communications from third parties or us. The features you may receive include email newsletters, yoga videos, prenatal nutritional advice, and recipes. You can unsubscribe from our features at any time. Any communications that you send to Birthing Mama via this Site may be shared with representatives and employees of Birthing Mama.

If you wish to discontinue the services and features of Birthing Mama please send an email message to info@birthingmama.org.

7. Protecting the Confidentiality of Your Personal Information.
Birthing Mama limits access to personal information to affiliates of Birthing Mama who need it to fulfill their business duties and responsibilities. These individuals must adhere to the Birthing Mama privacy policies. Affiliates violating these policies may be subject to disciplinary action, up to and including dismissal.

8. Security Safeguards.
At Birthing Mama, security is a priority. We employ appropriate measures to protect consumer information against unauthorized access, disclosure, alteration or destruction. These may include, among others, encryption, physical access security, and other appropriate technologies. Birthing Mama continually reviews and enhances its security systems, as necessary. On a daily basis we work hard to protect your information.

9. Children's Privacy.
Birthing Mama is committed to protecting the privacy of children. This site is not intended to attract children under the age of 13. We do not collect personal information from individuals known to be under the age of 13. We recommend that children under this age browse the web with an adult or an individual that is able to monitor the child’s use of the World Wide Web.

10. Spam Policy.
The widely accepted definition of "spam" is unsolicited email of a commercial nature. Birthing Mama does not send "spam." We will only contact you via email with valuable offerings that you elect to receive. If you wish to discontinue your receipt of Birthing Mama offerings please contact us at info@birthingmama.org.

11. Third-Party Websites.
In an attempt to provide increased value to our Participants and Visitors, we may provide or create links to third-party websites. You acknowledge and agree that Birthing Mama is not responsible for the privacy practices employed by websites that are linked from this Site. We may alter this statement as needed for certain products and services and to abide by state and federal laws or regulations. Birthing Mama reserves the right to amend or modify this statement from time to time.

12. Changes to This Privacy Policy.
This Privacy Policy was last updated on March 10 2014. Birthing Mama reserves the right to amend this policy. Please check periodically for any changes before you provide any personally identifiable information to us.

13. Law.
These Terms and Conditions will be exclusively governed by and construed in accordance with the laws of United States whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Terms Of Use
Your subscription to Birthing Mama will expire 12 months after the date of purchase. However, at the time of your original checkout there is an option to extend your subscription by one or two years. This is a good option for those using Birthing Mama as a resource book (ex. yoga teachers, doulas, and midwives).

Return Policy
We want you to be 100% satisfied with Birthing Mama. If, for any reason you are not fully satisfied with your purchase of Birthing Mama, you may return it for a full refund within the first 30 days of your purchase.

Questions or Comments?
If you have any questions or concerns about our Online Privacy Policy we invite you to contact us at info@birthingmama.org.