making lawyers happy
Effective November 2017
The Birth Hour’s Know Your Options Childbirth Course (“Course”) is owned and operated by The Birth Hour and Stephanie Spitzer-Hanks (“Operators”). This web page lists the terms and conditions (“Terms”) of using our Course. It represents a legal agreement. By using our Course, you agree to comply with and be bound by the following Terms.
The Course is a web-based educational program intended for private, personal use. Access to the Course must be purchased. Course “content” includes all web pages, logos, writing, audio, video, and images in any form that can be viewed, listened to, or downloaded, whether free or purchased through the Course.
You may access and use our Course in accordance with these Terms. You may view, download, or print content from the Course for your own personal use. However, unless you have prior written permission from the Operators you may not:
Our Course and all content associated with the Operators is intended for informational purposes only, not to provide medical or legal advice. If you have any medical questions, please consult a medical professional. If you have any legal questions, please consult a lawyer.
The core content of the Course is evidence-based, and supported by resources linked throughout the course. While we strive for accuracy, we do not represent and cannot guarantee that our content will be error-free or that our Course will be fully functional or free from harmful components, like viruses. And while we also strive to provide secure resource-links, we do not represent and cannot guarantee that third party websites will be error-free, fully functional, or free from harmful components, like viruses.
The Course may contain trademarks in the form of words, graphics, and logos. Your use of our Course does not constitute any right or license for you to use our trademarks, without the prior written permission of the Operators.
The Operators will promptly investigate claims of copyright infringement made according to the terms of the Digital Millennium Copyright Act. If you believe any of your copyrights are infringed by our content, please notify us. The notice must be in writing, and must:
We will respond to notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.
We may allow access to or advertise certain third-party product or service providers (“merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and merchants.
You agree that use of or purchase from such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR COURSE.
All rules, legal documents (including privacy policies) and operating procedures of merchants will apply to you while on any merchant websites. We are not responsible for information provided by you to merchants. Our relationship to merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us, and is considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Feel free to link to any Course enrollment opportunities, but you may not link to any Course content.
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
You agree to indemnify, defend and hold the Operators and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of our Course.
Any legal controversy or legal claim arising out of or relating to these Terms, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Course operations, intellectual property, or the Operators shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Austin, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Austin, Texas, necessary to protect our or your rights or property pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
These Terms represent a legal agreement and shall be treated as an agreement executed and performed in Austin, Texas, and shall be governed by and construed in accordance with the laws of Texas without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Course must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with these Terms, the Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive their termination in whole or in part.
We reserve the right to change these Terms at any time by giving you advanced notice of the changes by posting the changes on our Course. Any changes we post will become effective 30-days after being posted. Your continued use of our Website after any change to these Terms and our notice to you will constitute your acceptance of such change. If you do not agree with the changes to these Terms, you can choose to discontinue the use of our Course.