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HOME SWEET HOMEBIRTH MIDWIFERY, PLLC

DISCLAIMERS AND POLICIES Last updated: November 08, 2018

These updated disclaimers and policies are effective as of date posted above and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our disclaimers and policies at any time and you should check them periodically. Your continued use of the Service after we post any modifications to the disclaimers and policies on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified disclaimers and policies.

If we make any material changes to these disclaimers and policies, we will notify you either through the email address you have provided us, or by placing a prominent notice on this section of our website.

AFFILIATE and PROMOTION DISCLAIMER 

The following information is disclosed by Home Sweet Homebirth Midwifery, PLLC (“we” or “us”) to you in accordance with the Federal Trade Commission’s 16 CFR, Part 680 and 698: “Affiliate Marketing Rule.” Sections of this website www.homesweethomebirth.com (the “Site”) may allow you to purchase products and services online provided by other third party merchants. Some of the links that we post on this Site are “affiliate links.” This means that if you click on the affiliate link and purchase an item through that link, that we will receive an affiliate commission. For example, we are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of the products and services purchased through affiliate links, the information contained on third party sales page, or any other third party links, products or services we promote. In addition, the merchant for your purchase will have privacy and data collection practices that are different from ours. If you make a purchase from a merchant on their website or on a website that we have promoted or posted a link to on any of our online medium, the information obtained during your visit to that website or that merchant’s online store, and the information that you submit as part of the transaction, such as your name, e-mail address, street address, telephone number, and credit card number, may be collected by that merchant. For more information regarding any merchant, its’ online store, its’ privacy policies, or any additional terms and conditions that may apply to your visit of its’ website, visit that merchant’s website and click on that merchants relevant pages and their informational links, or contact that merchant directly.

You release us and our affiliates from any damages that you may incur, and agree not to assert any claims against them or us in connection with your purchase or your use of any of the products, services, or information contained on sales page made available to you by third parties through our Site or promoted on any of our online medium. Your participation, correspondence or business dealings with any third party found on or through our Site or promoted on any of our online medium, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and that third party. You agree that we will not be responsible or liable for any loss, damage, or other matter of any sort incurred as the result of any third party transaction.

TESTIMONIAL DISCLAIMER

The following information is disclosed by Home Sweet Homebirth Midwifery, PLLC (“we” or “us”) to you in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.” Testimonials appearing on this website www.homesweethomebirth.com (the “Site) are received via text, audio, or video submission. They are individual’s actual experiences, reflecting the real life experiences of those who have used our products and/or services. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services. We are not responsible for any of the opinions or comments posted to this Site. You understand that any testimonials or endorsements (herein “Opinions”) by our customers or audience represented on this Site, or through our products, programs, other websites, content, landing pages, sales pages or offerings, are solely opinions from individuals. Similarly, any information contained on this Site and on our other programs, content and offerings are solely our opinion and therefore, not representations, warranties, or guarantees of any kind.

WELL BEING DISCLAIMER

This website (www.homesweethomebirth.com (the “Site”) is for informational purposes only. Home Sweet Homebirth Midwifery, PLLC (“we” or “us”) and our subsidiaries, owners, principals, directors, executives, employees, staff, or agents are only licensed health care providers or professionals in their state and/or area of expertise. The information contained on this Site will not treat or diagnose any disease, illness, or ailment and if you should experience any such issues you should seek the advice and examination of your registered physician or practitioner as determined by your own judgment. You understand the information contained on this Site is not a substitute for health care, medical or nutritional advice of any kind. You understand and agree that you are fully responsible for your well being, including your dietary, mental and physical choices and decisions and that of your child. You agree to seek medical advice as determined by your own judgment before taking any action in connection to the information contained on this Site or discontinuing use of any medications as prescribed by your medical practitioner. We shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided “as is”, and without warranties. Your continued use of the site indicates your acceptance of the terms and modifications or future modifications.

                                                                                                                                 REFUND POLICY

All discounted bulk packages and programs are refundable within 30 days of the date of purchase, only 10 business days prior to start of program, less a 10% reversal fee. After that period, the fee is not refundable. There are no refunds on online courses or services that provide access to online documents and videos. There are no refunds for services already rendered. There is a 48 hour business day cancelation policy for private sessions, unless there is an emergency: you are fully responsible for payment of single sessions canceled less than 48 hour business days from date of scheduled appointment and will not receive a credit towards another session if you purchased a package.  There are no refunds for missed prepaid private appointments canceled within 48 business day hours of the missed appointment; if there was an emergency, credit will be given towards another same form of appointment. Should you prepay for a series of sessions or appointments and then decide to cancel future appointments, there are no refunds. There are no refunds for purchasing a series of breathwork sessions or yoga classes (like a yoga class card) that you missed or did not complete, and there is no credit for missed group sessions.  

PRIVACY POLICY

Home Sweet Homebirth Midwifery PLLC ("us", "we", or "our") operates the https://homesweethomebirth.com/ website (hereinafter referred to as the "Service").

This page informs you of our policies regarding the collection, use and disclosure of personal data information when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://homesweethomebirth.com/terms-conditions/ below.

Definitions

Service

Service is the https://homesweethomebirth.com/ website operated by Home Sweet Homebirth Midwifery PLLC

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small files stored on your device (computer or mobile device).

Data Controller

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

·      Email address

·      First name and last name

·      Phone number

·      Address, State, Province, ZIP/Postal code, City

·      Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you via email or other methods. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email or contact we utilize.

Usage Data

We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customise our Service.

You can enable or disable location services when you use our Service at any time by way of your device settings.

Tracking Cookies Data

Like many sites, we use "cookies" to collect information. We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device (your computer’s hard drive). Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

·      Session Cookies.We use Session Cookies to operate our Service.

·      Preference Cookies.We use Preference Cookies to remember your preferences and various settings.

·      Security Cookies.We use Security Cookies for security purposes.

Use of Data

Home Sweet Homebirth Midwifery PLLC uses the collected data for various purposes:

·      To provide and maintain our Service

·      To notify you about changes to our Service

·      To allow you to participate in interactive features of our Service when you choose to do so

·      To provide customer support

·      To gather analysis or valuable information so that we can improve our Service

·      To monitor the usage of our Service

·      To detect, prevent and address technical issues

·      To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Home Sweet Homebirth Midwifery PLLC legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Home Sweet Homebirth Midwifery PLLC may process your Personal Data because:

·      We need to perform a contract with you

·      You have given us permission to do so

·      The processing is in our legitimate interests and it is not overridden by your rights

·      For payment processing purposes

·      To comply with the law

Retention of Data

Home Sweet Homebirth Midwifery PLLC will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Home Sweet Homebirth Midwifery PLLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Home Sweet Homebirth Midwifery PLLC will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Information Collection And Use

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("Personal Information").

Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data").

This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this …

The Log Data section is for businesses that use analytics or tracking services in third party websites or apps, like but not limited to Google Analytics or ads, Survey Monkey, MailChimp email data, pixel tracking for Facebook, data tracking on all our other social media platforms like but not limited to Instagram and Linkedin - each with their own privacy policies accessible on their respective sites.

Disclosure of Data

Disclosure for Law Enforcement

Under certain circumstances, Home Sweet Homebirth Midwifery PLLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Home Sweet Homebirth Midwifery PLLC may disclose your Personal Data in the good faith belief that such action is necessary to:

·      To comply with a legal obligation

·      To protect and defend the rights or property of Home Sweet Homebirth Midwifery PLLC

·      To prevent or investigate possible wrongdoing in connection with the Service

·      To protect the personal safety of users of the Service or the public

·      To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Home Sweet Homebirth Midwifery PLLC aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Data.

The right of restriction. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where Home Sweet Homebirth Midwifery PLLC relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Behavioral Remarketing

Home Sweet Homebirth Midwifery PLLC uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

Twitter

Twitter remarketing service is provided by Twitter Inc.

You can opt-out from Twitter's interest-based ads by following their instructions: https://support.twitter.com/articles/20170405

You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation

Instagram uses the same advertising tools as Facebook. This way, businesses can set up, run and track campaigns in the same way as for Facebook ads. You can learn more about it here: https://www.facebook.com/business/a/advertise-instagram.

To opt-out of Instagram targeted ads, follow these instructions https://www.wikihow.com/Stop-Targeted-Ads-on-Instagram

For information on Instagram’s data policy and privacy policy visit https://help.instagram.com/155833707900388 and https://help.instagram.com/402411646841720

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Stripe

Their Privacy Policy can be viewed at https://stripe.com/us/privacy

PayPal / Braintree

Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

COOKIES POLICY

Home Sweet Homebirth Midwifery PLLC ("us", "we", or "our") uses cookies on the https://homesweethomebirth.com/ website (the "Service"). By using the Service, you consent to the use of cookies.

Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.

What are cookies

Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.

Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

How Home Sweet Homebirth Midwifery PLLC uses cookies

When you use and access the Service, we may place a number of cookies files in your web browser.

We use cookies for the following purposes:

To enable certain functions of the Service

To provide analytics

To enable advertisements delivery, including behavioral advertising

We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:

Essential cookies. We may use cookies to remember information that changes the way the Service behaves or looks, such as a user's language preference on the Service.

Analytics cookies. We may use analytics cookies to track information how the Service is used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Service to see how our users react to them.

Advertising cookies. These type of cookies are used to deliver advertisements on and through the Service and track the performance of these advertisements. These cookies may also be used to enable third-party advertising networks to deliver ads that may be relevant to you based upon your activities or interests.

Third-party cookies

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.

What are your choices regarding cookies

If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050

For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835

For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac

For any other web browser, please visit your web browser's official web pages.

Where can you find more information about cookies

You can learn more about cookies and the following third-party websites:

AllAboutCookies: http://www.allaboutcookies.org/

Network Advertising Initiative: http://www.networkadvertising.org/

TERMS AND CONDITIONS

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://homesweethomebirth.com/ website (the "Service") operated by Home Sweet Homebirth Midwifery PLLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Home Sweet Homebirth Midwifery PLLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Home Sweet Homebirth Midwifery PLLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Home Sweet Homebirth Midwifery PLLC

Home Sweet Homebirth Midwifery PLLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Home Sweet Homebirth Midwifery PLLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Home Sweet Homebirth Midwifery PLLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Home Sweet Homebirth Midwifery PLLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Home Sweet Homebirth Midwifery PLLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these policies, terms and conditions, please contact us by email: info@homesweethomebirth.com or by visiting this page on our website: https://homesweethomebirth.com/contact-1/