HOME SWEET HOMEBIRTH MIDWIFERY, PLLC
DISCLAIMERS AND POLICIES Last updated: January 06, 2022
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.
ACCESS TO ONLINE COURSES and PROFESSIONAL DOCUMENTS
THE PURCHASED ONLINE COURSE AND PROFESSIONAL DOCUMENTS ARE FOR YOUR PERSONAL USE ONLY. SHARING YOUR ACCESS IS ILLEGAL AND UNETHICAL, AND YOUR LOGIN IS NOT ABLE TO BE SHARED WITH CLIENTS. Referrals are of course welcome. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone.
The Home Sweet Homebirth (HSHB) Online Course and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. When you purchase the online course or the birth professional documents, we grant you a limited, non-exclusive, non-transferable right to access these services and view your purchased content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You may view your purchased HSHB content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.
The content is regularly updated. In addition, we continually check various aspects of our service to make sure it is current and working well.
Some purchased content is available for download and offline viewing on certain supported devices. Limitations apply, depending on the country in which you are located.
You agree to use the HSHB purchased service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the HSHB service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the HSHB service; use any robot, spider, scraper or other automated means to access the HSHB service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the HSHB service; insert any code or product or manipulate the content of the HSHB service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the HSHB service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
The quality of the display of the HSHB online course and professional documents content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. HSHB makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching HSHB content will vary based on a number of factors, including your location, available bandwidth at the time, the HSHB content you have selected and the configuration of your device.
HSHB software may solely be used for authorized streaming and viewing of content from HSHB through ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the HSHB online content and related third-party software. If you do not accept the foregoing terms, do not use our service.
By using our service, you agree to look solely to the entity that manufactured and/or sold you the HSHB ready device for any issues related to the device and its compatibility with the HSHB service. We do not take responsibility or otherwise warrant the performance of HSHB ready devices, including the continued compatibility with our service. If your HSHB ready device is sold, lost or stolen, please deactivate the HSHB ready device. If you fail to log out or deactivate your device, subsequent users may access the HSHB service through your account and may be able to access certain of your account information.
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 an affiliate with Fullscript, designed to provide a means for us to earn fees by linking to their site and products. As a Fullscript affiliate I earn from qualifying purchases.
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
Coaching Sessions are "health coaching" sessions; they are not licensed midwifery appointments, medical appointments, nor a substitution for medical care. 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 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 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/
Home Sweet Homebirth’s Affiliate Program Terms and Conditions
For you reference here is the affiliate agreement. Please ensure you are fully aware of the conditions.
(1) Home Sweet Homebirth Midwifery, PLLC, whose registered office is at Nyack, New York 10960 (the Merchant); and
(2) <name of affiliate> of <address of affiliate> (the Affiliate) (each a Party and collectively the Parties).
Meanings
1. In the Agreement the following words are defined:
• Agreement: the agreement set out in this document including any amendments agreed in writing;
• Affiliate Website: <affiliate’s website URL>
• Confidential Information: information (however recorded or preserved) acquired by a party under the Agreement which is confidential to the other party because it:
a. concerns its business, affairs, customers, clients, suppliers, plans, intentions, market opportunities, operations, processes, product information, know-how, designs, trade secrets or software; or
b. has been developed by the other party under the Agreement;
• Converted lead: any unique End User who registers and pays for any Merchant products and services resulting directly from promotion of the Merchant Website on the Affiliate Website. For the avoidance of doubt, an End User shall not qualify as a Converted Lead if that End User has previously registered and paid for any Merchant products and services;
• End User: any person (individual, partnership, company or other organization) who makes use of a web browser to access and view web pages;
• Merchant Products and Services: only the products and services which are sold on the Merchant Website applicable under this agreement is the
1. eBooks like "Natural Birth Secrets" (not other versions of my books sold by other companies and websites like Amazon)
3. All products, services and courses added to the website shop
• Merchant Website: https://homesweethomebirth.com
• Promotional Content: the Merchant's trade name, the Merchant Website, trade or service marks, trade names, trade dress, logos, domain names, descriptions of the Merchant products and services, associated key words, and links, or other copy or content of any type that is provided by the Merchant to the Affiliate for the purposes of this Agreement.
Promotional Content and Website links
2. The Affiliate is authorized on a non-exclusive basis to promote the Merchant products and services to its website visitors using the Promotional Content.
3. The Merchant agrees to provide the Affiliate with the Promotional Content solely for the purposes of promoting the Merchant products and services. Use of the Merchant’s Promotional Content is subject to the restrictions of this Agreement and the Merchant can object to any use of Promotional Content if it deems the use to be inappropriate or inaccurate or for any other reason in its absolute discretion.
4. Each Party retains sole and exclusive ownership and control over its website and is solely responsible for maintaining and updating its own website.
5. The Merchant is not liable in any way for any claims relating to use of the Promotional Content by the Affiliate and the Affiliate agrees to indemnify the Merchant against all and any claims, damages, losses, liabilities, costs and expenses relating to the Affiliate’s use of the Promotional Content.
Reporting
6. The parties will provide each other with relevant periodic reports of data relating to the value (traffic, completed sales, revenues, etc.) derived from individual activities as described in this Agreement.
Tracking of End Users and Compliance
7. The Affiliate will use and implement reasonable tracking mechanisms in order to permit the Merchant to accurately track Converted Leads.
8. In performance of its obligations under this Agreement, the Affiliate will comply with all applicable laws and regulations, including consumer protection and unfair trading regulations and shall not engage in any fraudulent activities such as cookie stuffing or link interception. The Affiliate acknowledges that any editorial content about products and services must be accompanied by a prominent statement that the affiliate is being paid to promote the products and services.
9. The Affiliate undertakes and covenants that at all times he will comply with the requirements of the Privacy Act of 1974 - U.S. Department of Justice in respect of recording End User’s details or obtaining or making use of email addresses.
10. Affiliate warrants that its site does not:
1. promote sexually explicit materials;
2. promote violence;
3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
4. promote illegal activities; or
5. incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
Payments
11. The Merchant will pay the Affiliate a fee equal to 20% of the prevailing end user price of the Home Sweet Homebirth’s products or service for each Converted Sale and 10% of any recurring program offered by The Merchant. The fee is inclusive of any taxes payable by the Merchant to the Affiliate and will be net of 3rd-party bank and credit card fees. The Merchant is liable for (i.e. payment gateway providers, foreign currency banking charges etc.). Approval and acceptance of any Converted Lead shall be at Merchant’s sole discretion, and the Merchant may reject any such Converted Lead or any acceptance for any reason. Converted Leads that occur after 3 months interim of the Affiliate’s introduction will not be applicable under this Agreement.
12. All payments will be made monthly at a time best suited to the Merchant’s accounts department and will be made at least 40 days in arrears (allowing The Merchant to calculate payments due net of any converted lead that subsequently withdraws from a program).
Limited License
13. The Merchant hereby grants the Affiliate, for the term of this Agreement, a limited, revocable, non-exclusive, non-transferable, royalty-free license to:
1. use and reproduce the Promotional Content in strict compliance with this Agreement; and
2. display the Promotional Content on the Affiliate’s website and with such other guidelines as may be identified by the Merchant from time to time solely for the purpose of marketing the Merchant products and services as provided in this Agreement. Any such use or proposed use of the Promotional Content shall be presented to the Merchant for approval not less than 10 business days prior to the intended date of use.
14. The Affiliate must not alter or permit alteration of, or remove or modify or permit removal or modification of, any of the Promotional Content, or other identifying marks placed by the Merchant or its agents on the products and services or associated documentation or literature, without the Merchant’s prior written approval. Except as specifically provided in this Agreement, nothing in this Agreement gives the Affiliate any right, title or interest in any of the Promotional Content, products and service, any underlying intellectual property, or goodwill of the Merchant. The Affiliate acknowledges that the Promotional Content, products and services, any underlying intellectual property, and any related goodwill are the sole and exclusive property of the Merchant. The Affiliate must not, during the term of this Agreement and afterwards, challenge or assist others to challenge the Promotional Content or its registration or attempt to register any trademarks, service marks, marks, trade names or domain names that are in any way confusingly similar to the Promotional Content.
15. The Affiliate agrees that it will cease using the Promotional Content immediately upon request, and this license terminates automatically when this Agreement terminates.
Termination
16. A party can terminate the Agreement for any reason by giving the other 30 days' notice.
17. A party can terminate the Agreement immediately by giving written notice to the other party if that other party:
1. does not pay any sum due to it under the Agreement within 30 days of the due date for payment;
2. commits a material breach of the Agreement (which, if capable of remedy, it fails to remedy within 30 days after being given written notice specifying full particulars of the breach and requiring it to be remedied;
3. persistently breaches any term of the Agreement;
4. is dissolved, ceases to conduct substantially all of its business or becomes unable to pay its debts as they fall due;
5. is a company over any of whose assets or property a receiver is appointed;
6. makes any voluntary arrangement with its creditors or (if a company) becomes subject to an administration order (within the meaning of the Insolvency Act 1986); or
7. (if an individual or firm) has a bankruptcy order made against it or (if a company) goes into liquidation.
18. Termination of the Agreement does not affect either party’s rights (including rights to be paid) or remedies as at the date of termination. Other than as set out in the Agreement, neither party has any further obligation to the other under the Agreement after its termination.
19. On termination of the Agreement for any reason, the Affiliate must permanently remove all Promotional Content from its website and return it to the Merchant.
Confidentiality
20. Each party will only use Confidential Information to perform its obligations under the Agreement and will not cause or allow the information to be disclosed except:
1. where required by law, court order or any governmental or regulatory body;
2. to any of its employees, officers, sub-contractors, representatives or advisers who need to know the information in order to discharge its obligations under the Agreement and agree only to use the information for that purpose and not to cause or allow disclosure of that information;
3. where the information has become generally available to the public (other than as a result of disclosure in breach of the Agreement by the party or any of its employees, officers, sub-contractors, representatives or advisers);
4. where the information was available or known to it on a non-confidential basis before being disclosed under the Agreement; or
5. where the information was developed by or for it independently of the Agreement and is received by persons who are not the disclosing party.
Limitation of liability
21. The Agreement constitutes the entire agreement between the parties and replaces all prior discussions, arrangements or agreements that might have taken place. All warranties, conditions and other terms implied by statute or common law are excluded from the Agreement to the fullest extent permitted by law, without in any way limiting or excluding liability for personal injury, fraud or fraudulent misrepresentation.
22. The total liability of the Merchant to the Affiliate in relation to any event or series of related events is limited to the fees due to the Affiliate under this Agreement.
23. No party will be liable to any other party under the Agreement (except where required by law) for any:
1. special, indirect, consequential or pure economic loss, costs, damages, charges or expenses;
2. loss or corruption of any data, information, database or software;
3. loss of profits;
4. loss of business;
5. depletion of goodwill and/or similar losses;
6. loss of anticipated savings.
Changes to Merchant products and services
24. The Merchant can change any terms of the Merchant products and services including pricing. The Affiliate must immediately replace existing Promotional Content with any updated Promotional Content as provided by the Merchant.
Privacy
25. Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including (without limitation) (i) any data protection legislation from time to time in force in the Privacy Act of 1974 - U.S. Department of Justice and any successor legislation; and (ii) for so long as and to the extent that the law has legal effect in the United States, the Privacy Act of 1974 - U.S. Department of Justice and any other directly applicable regulation relating to privacy. This clause is in addition to, and does not reduce, remove or replace, a party’s obligations arising from such requirements. The Affiliate must not sell or pass on any Converted Lead data to any third party.
General
26. No Party may assign, transfer, sub-contract or otherwise make over to any third party the benefit and/or burden of the Agreement without the prior written consent (not to be unreasonably withheld) of the other Party.
27. Both Parties and the signatories to this agreement warrant that they are authorized and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.
28. Affiliate is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Affiliate and Merchant.
29. The Contracts (Rights of Third Parties) does not apply to the Agreement and no third Party has any right to enforce or rely on any provision of the Agreement.
30. If any court or competent authority finds that any provision (or part) of the Agreement is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.
31. Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and delivered by pre-paid first-class post to or left by hand delivery at the other Party’s registered address or place of business, or sent by email to the email address notified by the other Party.
Notices:
1. sent by post will be deemed to have been received, where posted from and to addresses in the United Kingdom, on the second business day and, where posted from or to addresses outside the United Kingdom, on the tenth business day following the date of posting;
2. delivered by hand will be deemed to have been received at the time the notice is left at the proper address; and
3. sent by email will be deemed to have been received on the next business day after sending.
Governing law and jurisdiction
32. This Agreement will be governed by and interpreted according to USA and all disputes and claims arising under the Agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the USA courts. The Parties have signed this Agreement on the date first before written.
Signed:
_________________________________
Anne Margolis for and on behalf of Home Sweet Homebirth Midwifery, PLLC
Signed:
_________________________________ _________________________________
<affiliate name> <affiliate signature>