Be positive, respectful and inclusive.
- This community should be a safe space for all – offensive or explicit content and swearing are not allowed.
- This is an inclusive community – you may not post anything that is abusive, threatening, slanderous, profane, disrespectful or belligerent against any individual or groups of individuals for any reason.
- Stay positive and respectful, even when you disagree. Debates about ideas are fine; critiquing other people is not.
- Any posts which contribute towards a negative community spirit may be removed and may result in the revoking of posting privileges.
- Duplicate content is not allowed.
This community is a place for families to discuss their pregnancy, birth and beyond and share ideas and experiences.
- People under the age of 18 are prohibited from participating in the Community.
- Commercial content including buying, selling, and advertising, is not allowed in the Community. Soliciting, including votes, participation in surveys, and market research is also not allowed.
- Discussions which are not about pregnancy, birth, baby, or parenting are not allowed in the Community and will be removed.
- Present yourself honestly. You may not falsely claim credentials or expertise that you do not possess, or impersonate another user or person. Additionally, do not share anything which exposes the personal information of another member or user without their consent.
- Each member may only have one account. Members who create multiple accounts will have their accounts deactivated.
- As a participant of the Community, the content you share will be publicly available on the Internet and publicly viewable. As such we do not recommend posting personal information such as telephone numbers or addresses. You hereby acknowledge that your posts may be indexed by search engines. If you choose to suspend or delete your account, your content will remain.
- You may not promote or redirect traffic to sites that force the download of a virus, spyware, programs, or other content, or in any other way interfere with the operation of the Community.
- These guidelines apply to all posts, account images, usernames, photos, videos, and all communication with BirthTUBE employees.
- These are general guidelines applicable to our Community. BirthTUBE reserves the right to evaluate postings on a case-by-case basis and to take any action BirthTUBE, in its sole discretion, deems appropriate regardless of whether such guidelines are explicitly set forth herein.
- Any violations of these Community Guidelines can result in the loss of posting privileges.
amend these Terms from time to time without notice. All modified terms and conditions shall take effect immediately after posting to the Site. We encourage you to review this page periodically because any changes will be binding on you. This Agreement may not be modified, amended, and/or changed by you in any manner.
- BirthTUBE is a Neutral Venue. We and the Site function solely as a neutral venue
and digital clearinghouse where BirthTUBE Users and Directory Members may connect for a particular type of service or product. We are not involved in or a party to the actual transaction between Members or Users. As a result, We have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our Website, the accuracy of listings, the ability of Directory Members to provide items or perform services, the ability of BirthTUBE Users to pay for any goods and services, and we make no representations or warranties and are not liable or responsible for the actions or inactions of BirthTUBE Users or Directory Members. BirthTUBE does not endorse any particular Directory Member.
BirthTUBE Users: You acknowledge the following: BirthTUBE does not provide any of the products or services advertised or offered by Directory Members. We do not endorse any Directory Member, nor do We guarantee the quality of their goods or services. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the BirthTUBE community are not provided by us and are specifically and solely between you and the Directory Member. Any transaction you enter into with a BirthTUBE User is strictly between you and the Directory Member, and BirthTUBE is not a party to that transaction. Any dispute you have with a Directory Member is between you and the Directory Member, and We will not be a party to that dispute, except regarding your use of the Site.
We use techniques to help verify the identity of Directory Members when they register for memberships on our Site; however, BirthTUBE cannot and will not guarantee each service provider’s identity; capabilities, or that it has obtained all required permits, licenses or consents or that it complies with all applicable laws. We have implemented a user-managed feedback system to help you evaluate Directory Members with whom you are considering transacting business. In addition, We cannot guarantee that information provided by or about Directory Member on the Site is accurate. You should use BirthTUBE as a starting point for identifying a Doula to provide the products and services you need for your birth, then conduct your own research to ensure that doulas you choose to do business with are appropriate for you. You acknowledge that participation in certain programs, when and if available, may under certain circumstances result in Directory Members receiving contact information for you in accordance with the terms and conditions governing these programs.
Directory Members: You acknowledge the following: BirthTUBE will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with BirthTUBE Users; nor are We responsible for assisting you in providing
goods and services to BirthTUBE Users. While all BirthTUBE Users are required to give us accurate information about themselves, We cannot and will not verify this information or guarantee the ability of BirthTUBE Users to complete payment for any of the products or services you provide. Any transaction you enter into with a BirthTUBE User is strictly between you and the BirthTUBE User, and BirthTUBE is not a party to that transaction. You are responsible for for obtaining all permits, licenses and consents necessary to deliver your goods or services and complying with all applicable laws. Any dispute you have with a BirthTUBE User is between you and the BirthTUBE User, and We will not be a party to that dispute. Directory Members must list the true and correct name of their business on the Site and if there is a change to that business name, the Directory Member must promptly update BirthTUBE and may need to provide additional documentation for proof of name change. After BirthTUBE and the Directory Member have terminated their relationship, BirthTUBE shall be entitled to retain all reviews associated with a Directory Member on the Site as well as basic directory information, including, without limitation, business name, mailing address, website address and telephone number.
- Membership. Membership to BirthTUBE is available only to entities and individuals at least 18 years of age who can form legally binding contracts under applicable law. Our services are not available to minors or to temporarily or indefinitely suspended Members. Membership in BirthTUBE is void where prohibited. Your BirthTUBE membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are registering as an individual, you represent and warrant that you are at least 18 years of age and are able to enter into a legally binding contract. If you are agreeing to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “you” and “your” refer to that company or other entity. Members who engage in the sale of goods and services must have a valid business operations license, as applicable. By joining BirthTUBE, you agree to (i) provide us with accurate, complete information about yourself and to update this information as needed; (ii) abide by all of the terms and conditions of this Agreement, the BirthTUBE Community Guidelines; (iii) safeguard your username and password; and (iv) be responsible for all activity of your membership account. BirthTUBE reserves the right to modify the terms of or cancel any such unpaid Directory memberships.
- Prohibited Activities. Visitors to and Members of the Site may not:
- Create an account in another’s name
- Create more than one account
- Use another’s account
- Impersonate another person or entity
- Use the Site to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so
- Offer to provide products or services that violate any applicable law, statute, ordinance or regulation (collectively “Laws”), or offer any products or services in a manner that violates any Laws
- Conduct any type of sweepstakes, promotion or contest without posting official rules
- Collect or harvest information about Site Members, including but not limited to use of robots, spiders, or similar means
- Use information on the Site to send unsolicited email to Members
- Do anything that interferes with or places an undue burden on the Site (as determined by BirthTUBE in our sole discretion)
- Use the Site if your membership has been temporarily or permanently suspended or revoked
- Include promotional text or endorsements in Member’s storefront name or Member storefront picture(s)
- Violate any terms of this Agreement
BirthTUBE reserves the right to suspend the membership of any Member/User or Directory Member and/or cancel the contract of any Directory Member who engages in offensive and detrimental behavior, including behavior that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory, or offensive comments on BirthTUBE properties and elsewhere or by taking actions that would tend to reflect poorly on BirthTUBE.
- Additional Terms and Conditions; Product Changes. You acknowledge and agree that We have the sole discretion to set forth and post additional terms and conditions for your use of the Site at various places throughout the Site. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the Terms set forth herein, the additional terms and conditions shall govern. BirthTUBE retains the right to revise its product and/or service offerings, including the tools made available to you, at any time for any reason including without limitation to comply with any applicable law or regulation.
- Disputes Among Members; Release. You are solely responsible for your interactions with other BirthTUBE Members/Users, and We are not party to any such disputes. We reserve the right, but have no obligation, to monitor disputes between you and other Members/Users. You agree to release BirthTUBE, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any third parties or in any way related to goods, services, or events involving third parties. If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Information You Submit. The Site offers the opportunity for Members to submit information for use on the Site, to share information with other Members/Users through message boards as part of the BirthTUBE Community (the “Community”), Directory Member advertisements and listings, and other means (any information submitted to the Site through any of these means, “Submitted Information”). By using these functions, you agree to abide by the terms of this Agreement and the Community Guidelines. BirthTUBE reserves to itself the right but does not have the obligation to monitor posts made to the Community and other Submitted Information. Members are solely responsible for the content of their Submitted Information.
Our Site acts as a passive conduit for any and all communication and/or distribution of information, and We do not control the Submitted Information of BirthTUBE Members. We cannot and will not evaluate and We are not responsible for the accuracy, reliability, completeness, veracity or suitability of any Submitted Information or for verifying the identity of the submitting Member. Like any information you obtain through the Internet, you should verify Submitted Information before acting upon it. BirthTUBE is not responsible for any losses you may incur as a result of relying on Submitted Information, even if We were advised of the possibility of such losses.
You agree that your Submitted Information:
- Will not contain your personal information that you do not wish to be made public or to be displayed in accordance with the applicable settings that you indicate.
- Will not contain another person’s personal information or otherwise invade another’s privacy
- Will not violate or possibly cause us to violate any applicable law, statute, ordinance or regulation
- Will not violate the terms of this Agreement
- Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights
- Will not contain obscene, lewd, or suggestive content and or pornography
- Will not be libelous, threatening, harassing, racist, or defamatory. This specifically includes making legal claims of any sort about BirthTUBE employees, agents, other members/users, or the Site
- Will not contain the proprietary information of another person or entity
- Will not contain any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Site or our systems and or create or impose a large burden or load on our Site or systems
- Will not scan or test the vulnerability or security of our Site or the system within which it operates
- Will not be used for commercial or public purposes outside of the requirements of this Agreement. Specifically, your Submitted Information may not be used to advertise the products or services of others and my not contain links to third-party web sites.
- Will not create liability for BirthTUBE in any manner whatsoever
- Will not involve the upload, or insertion of, any programming language or code into or onto, our Site
- You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for and will indemnify us from, all damages incurred as a result of any of your Submitted Information.
- Rating and Review Disputes. If you undermine the integrity of our Rating and Review system in any way, your membership may be suspended or terminated. Each Directory Member acknowledges that your Rating and Review (“feedback”) consists of opinions left by other BirthTUBE users and a machine calculated feedback score. You further acknowledge that BirthTUBE does not make judgments on the truth or accuracy of opinions or statements.
- Users may only leave one feedback item per unique transaction, whether positive, neutral, or negative, for any other Directory Member.
- The User leaving the review must have conducted business with the Directory
Member and be able to provide proof of that business, such as a signed contract or
formal proof of payment (i.e., cashed check, credit card statement, paid invoice, or receipt). BirthTUBE does not accept editable documents or email correspondence. BirthTUBE reserves the right to request additional information regarding proof of business. 3. By submitting feedback, you agree that feedback is subject to compliance audit by the BirthTUBE Compliance Team at any time. Any feedback item investigated by the BirthTUBE Compliance Team may be temporarily or permanently removed.
In order to protect the integrity of the Rating and Review system, BirthTUBE will only consider removing a feedback item under the following scenarios:
- If feedback posted contains language that is profane, vulgar, discriminatory or contains adult material.
- If BirthTUBE is provided with a court order directing BirthTUBE to remove or modify the feedback.
- If feedback posted makes any reference to actions taken or purported to be taken by BirthTUBE or any law enforcement organization.
- If feedback posted seeks to elicit or solicit any Member’s contact information, such as other Member email addresses, for any non-BirthTUBE related commercial or business purposes, or to transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”.
- If the User who left feedback cannot be reached by BirthTUBE or fails, within two months from the date BirthTUBE attempts to contact such User as part of the dispute process, to validate that the business was conducted with the Directory Member. 6. If feedback contains personally identifiable information of other members, personnel of Directory Members or any other person. Personally, identifiable information includes, but is not limited to, full names, date of birth, physical addresses, email addresses, credit card numbers, social security numbers or any other identification number provided by a government.
- Filing a Ratings and Review Dispute. Members/Users may send an email to firstname.lastname@example.org.
- Fraud. BirthTUBE may suspend or terminate your account if We suspect that you have engaged in fraudulent activity in connection with our Site, as determined in our sole discretion. Fraudulent acts include, but are not limited to, the manipulation of the Rating and Review System.
- Manipulating Ratings and Reviews – You acknowledge and agree that the Site is a neutral community and that all transactions for services are made by and between you and other Members only and, therefore, We cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the Site is the ability of Users to leave Rating and Review about you and/or your services (whether positive, neutral or negative) AND for other Users to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the Site, you shall NOT:
- Attempt to restrict in any way a User’s right to post a review, by contract or otherwise;
- Offer a User cash or other compensation in any form in exchange for a more favorable review;
- Post and/or cut and paste and/or copy the content of a User feedback review from the Site to your own personal or business site, to any other third party Web site and/or to or on any of your own personal, business or third-party marketing/advertising materials, regardless of the form;
- Attempt to gain feedback by receiving multiple feedback from the same User;
- Post or attempt to post, in any manner or by any means, a feedback review on your own account; or
- Misrepresent or impersonate another User.
- Tools; Changes to Site. The Site offers several tools to Members (collectively, “Member Tools”), some of which are provided by third parties. BirthTUBE is not responsible for the availability, suitability or effectiveness of any of these Member Tools, whether provided by a third party or not. In addition, We are not responsible for any data you lose as a result of a malfunction of the Member Tools or the Site or for any other reason or any consequential damages resulting from such data loss. You should ALWAYS keep a backup copy of all such information on your computer and in hard copy. BirthTUBE reserves to right to modify or discontinue any Member Tools or other services provided on the Site at any time without warning.
- Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the BirthTUBE Site at any time and for any reason or for no reason and without notice to you. Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms of this Agreement; your creation, maintenance and/or management of more than one account; your non-payment in full any Unpaid Fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of Members/Users; your unethical conduct, to be determined at our sole discretion; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member/User.
- Petition for Reinstatement. Upon your removal from the Site, you may petition for reinstatement. Your petition for reinstatement must include the following: (i) a written statement as to why you should be reinstated and (ii) your contact information. Your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a petition does not, in any manner, guarantee, that you will be reinstated and We specifically disclaim any and all representations with respect to any such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
- Record Keeping/Audit. We reserve the right to keep all records of any and all communications between you and other Members/Users for administration purposes.
- Submissions. We always want to receive messages and feedback from BirthTUBE Members/ and welcome any comments regarding the Site. However, please be aware that any ideas, suggestions comments or proposals you send to BirthTUBE (collectively, “Submissions”) are non-confidential, shall become the sole property of BirthTUBE, and you hereby assign all right, title and interest in such Submissions.
- No Warranty. BirthTUBE, OUR EMPLOYEES, AND OUR SUPPLIERS PROVIDE THE SITE AND THE SERVICES THEREON “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BirthTUBE FURTHER DOES NOT WARRANT THAT THIS SITE OR ANY INFORMATION, SERVICES OR TOOLS OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, COMPLETE OR CURRENT, OR WILL GIVE ACCURATE, COMPLETE OR CURRENT RESULTS; THAT OPERATION OF THE SITE, INCLUDING TOOLS OR OTHER SERVICES OFFERED ON THE SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY ERRORS ON THE SITE WILL BE CORRECTED. BirthTUBE DOES NOT REPRESENT OR WARRANT THAT DATA YOU STORE ON THE SITE (FOR EXAMPLE, IN CONNECTION WITH TOOLS) WILL BE SECURE, AVAILABLE OR PRESERVED. BirthTUBE DOES NOT REPRESENT OR WARRANT THAT ALL TOOLS OR OTHER SERVICES ON THE SITE WILL CONTINUE TO BE OFFERED.
28. Limited Liability. IN NO EVENT SHALL BirthTUBE, OUR EMPLOYEES, OR OUR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, FOR USE OF COUPONS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SITE, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
- Indemnity. You agree to indemnify and hold us and our affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any manner in whole or in part out of your use of the Site, including but not limited to (i) your advertising, provision of or failure to pay for goods or services promoted on the Site; and (ii) claims that any of your Submitted Information includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party.
- Links to Other Sites
This Site may contain links to other sites which are provided solely as a convenience to you, or which are provided by other Members. BirthTUBE is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and such third-party sites are strictly between you and the third party and are not the responsibility of BirthTUBE. Because BirthTUBE is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
- Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
- Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of Texas, without regard to principles of conflict of laws of any state or jurisdiction, will govern these Terms and any dispute of any sort that might arise between you and BirthTUBE or any of our affiliates.
- Arbitration. Disputes between you and BirthTUBE regarding the Site and our services should be reported to email@example.com. We will attempt to resolve any disputes you have with us. Because We are a neutral community. We are not responsible for resolving any disputes between you and users regarding services or transactions.
- BirthTUBE specifically disclaims any liability relating to BirthTUBE User or Directory Member’s compliance with law or regulation, delivery of goods or services, or payment obligations. Trwise owed and pay them to the appropriate taxing authority. Directory Members agree to provide tax information reasonably requested by BirthTUBE. BirthTUBE reserves the right to provide information requested by taxing authorities.
Your privacy is extremely important.
At times, personal information, such as your name and email address are collected in exchange for our content and/or products. We will never force you to give us this information; such activity is strictly voluntary.
This website tracks visitors for the purpose of analyzing user data and metrics. This is done through cookies and pixels, as well as other, more modern means.
COOKIES, LOG FILES AND WEB BEACONS
Like many other Web sites, we makes use of log files. These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’s analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites.
Third-Party Use of Personal Information
Will BirthTUBE Share the Personal Information It Collects?
BirthTUBE will not sell, distribute, or reveal users’ email addresses or other personal information without their consent.
THIRD PARTY PRIVACY POLICIES
You may see advertising or other content on this website that links to the sites and services of BirthTUBE’s partners, suppliers, advertisers, sponsors, licensors or other third parties. Any products or services reached through a third-party link are subject to separate privacy policies. BirthTUBE LLC is not responsible for or liable for any content on or actions taken by such third-party websites.
You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.
Please note that any comments or information that you post on the website, including the BirthTUBE Doula Directory membership site, blog posts, and social media pages, become public and third parties may use your information. BirthTUBE LLC is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.
The owner of this website is Paige LoPinto, BirthTUBE LLC. Our email address is firstname.lastname@example.org.
BirthTUBE Terms of Purchase
TERM AND RENEWAL Your Agreement with BirthTUBE LLC (together with its affiliates, “BirthTUBE”) will last for the term specified below, unless otherwise specified in your ordering documents (the “Term”).
If You purchase a Directory annually basic or Directory annually Verified Membership(s): BirthTUBE’s Basic annually and Verified Memberships last for a fixed Term, which is 12 months from the contract start date. Your purchase is a commitment to purchase one full Term of that membership.
If You purchase a Month-to-Month Membership: If You purchase a monthly Membership from us (as specifically designated on your ordering documents), it will last for a one-month Term and continue to renew for one-month renewal terms based on your anniversary date (“Renewal Term” and such Renewal Term shall be deemed part of the Term) on a month-to-month basis unless and until you cancel it (by using the Billings page) or we terminate it. You must cancel your membership [at least five (5) business days before your anniversary date] before it renews each month in order to avoid billing of the next month’s membership fees. We will bill the monthly membership fee to the payment source you have provided us during registration or to a different payment source if you change your account information. Membership fees are fully earned upon payment. We do not provide refunds or credits for partially used periods.
Email email@example.com to upgrade or cancel.
BirthTUBE Doula Directory is an automatic renewal until cancelled. Refunds can only / will only be issued if the users asks and only for the current month they are in. For no exception can we refund back more than one month on a monthly plan. On yearly plans, refunds will not be issued if cancelled in the middle of the plan.
For new BirthTUBE Customers purchasing a new annually Basic or Verified Membership, and you wish to cancel, for a refund, you must do so within 14 days. After the 14 days have passed, we unfortunately, do not issue any refunds.
BirthTUBE may terminate this Agreement for cause upon five (5) days written notice to Customer of a breach of this Agreement. BirthTUBE may terminate this Agreement, with such termination to be effective on five (5) days notice, if the Customer provides products or services that are competitive to BirthTUBE or its affiliates. In the event of any termination or expiration of this Agreement, BirthTUBE shall retain the right to keep any and all reviews of Customer posted on the BirthTUBE Website(s) (the “Site”) as well as basic directory
information of Customer associated with such reviews, including without limitation, business name, address, and telephone number.
PRODUCT UPGRADES AND CHANGES BirthTUBE is constantly reviewing its product and service offerings to strive to provide its Customers with the best suite of options available. BirthTUBE retains the right to revise its product and/or service offerings, including the tools made available to you, at any time for any reason including without limitation to comply with any applicable law or regulation.
CUSTOMER RESPONSIBILITIES REGARDING OTHER SERVICES Customer is responsible for operation of any other tools or services provided by BirthTUBE to Customer, including keeping current its business and contact information, sending information and responding to client or prospective clients. BirthTUBE is not responsible for the content of any contracts, communications, or interactions (the “Interactions”) between Customer and its clients using BirthTUBE-provided tools or services and shall have no liability for such Interactions. Further, BirthTUBE is not responsible for any losses Customer may incur as a result of relying on information provided to Customer by its clients or other third parties, whether or not such information was provided via the Site and even if BirthTUBE was advised of the possibility of such losses.
CHANGING ACCOUNTS AND/OR UPGRADING OR ADDING PRODUCTS & SERVICES Customer may add or upgrade additional products and/or services at any time by contacting Paige, firstname.lastname@example.org or by accessing Customer’s BirthTUBE self-service checkout features on the Web. Only individuals who are authorized users of the Customer account may request changes (including, without limitation, name changes, transfers of the account to a different entity, or termination of the account) to Customer account or additional products and services. Upgrades to existing products and services will be deemed as a new contract with a new Term with the pro-rated refund on the unused portion of the preexisting Term applied to the new contract as a credit. The fees for new products and services will be based upon the then current, generally applicable fees.
U.S. DOLLARS & U.S. TRADE REGULATIONS Customers in the U.S. will be billed in U.S. Dollars and subject to U.S. payment terms. In no event shall any transactions be in violation of U.S. trade regulations.
TAXES, NO REFUNDS Except as specifically provided in these Terms of Purchase, there shall be no refunds for products and/or services provided by BirthTUBE. All amounts required to be paid hereunder do not include any amount for taxes or levy (including interest
and penalties). Customer shall pay all sales, use, VAT, excise, property or other taxes or levies which BirthTUBE is required to collect or remit to applicable tax authorities.
CREDIT CARDS (ONLY if paying by Credit Card)
If BirthTUBE is authorized by Customer to charge Customer’s credit card and BirthTUBE is unable to process Customer’s credit card, or if any fee is otherwise not paid on time, then BirthTUBE may revoke access to Customer’s account.
If the Customer does not make payments on time based on their payment schedule, BirthTUBE’s delinquency process is as follows: (i) Customer account is suspended and access is revoked; (ii) Customer has five (5) days to bring to current balance after notification (which may include email notice); (iii) After five (5) days, the account is terminated and Customer’s access to Customer’s BirthTUBE account is permanently revoked; and (iv) If Customer wants to reinstate Customer’s account with BirthTUBE after termination, Customer must: (a) Pay the outstanding balance in full; and (b) Execute a new one year agreement (paid in full) and fulfill the entire agreement.
INCORRECT BILLING If Customer believes BirthTUBE has billed Customer incorrectly, Customer must contact BirthTUBE Member Services at email@example.com in writing no later than sixty (60) days after such charge. No refunds will be given for any charges which are more than 60 days old.
DISPUTES AMONG MEMBERS; RELEASE Customer is solely responsible for its interactions with other BirthTUBE members and users, and BirthTUBE is not party to any such disputes. BirthTUBE reserves the right, but has no obligation, to monitor disputes between Customer and other members and/or users. Customer agrees to release BirthTUBE, its officers, directors, agents, affiliates, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between Customer or its officers, directors, agents, affiliates, or employees, on the one hand, and any other BirthTUBE members and/or users, on the other hand. If Customer is or could be deemed a California resident, Customer waives California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
NO AGENCY Customer hereby agrees and acknowledges that its provision of services and/or use of the Site does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship with BirthTUBE and furthermore that no affiliation, association or connection exists
between Customer and BirthTUBE. In no event shall you have authority to bind, commit, contract for, or otherwise obligate BirthTUBE in any manner whatsoever.
NO WAIVER No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
SEVERABILITY AND REFORMATION Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
GOVERNING LAW This Agreement is governed by the laws of the State of Texas (“Governing Law”), without regard to principles of conflict of laws of any state or jurisdiction.
ARBITRATION Disputes between Customer and BirthTUBE regarding the Site and BirthTUBE’s services should be reported to firstname.lastname@example.org. BirthTUBE will attempt to resolve any disputes you have with us. Because BirthTUBE is a neutral venue, BirthTUBE is not responsible for resolving any disputes between Customer and other BirthTUBE members and/or users regarding services or transactions.
LIMITED LIABILITY IN NO EVENT SHALL BirthTUBE, OUR EMPLOYEES, OR OUR SUPPLIERS BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, FOR USE OF ANY COUPONS OR OTHER PROMOTIONAL DISCOUNTS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SITE, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
LANGUAGE The parties have expressly agreed that this agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language. Les parties aux présentes ont expressément convenu que ce accord et toute autre convention, document ou avis y afférent soient rédigés en anglais seulement.
CONTACT INFO For all questions related to billing, please contact BirthTUBE at email@example.com