Agreement between user and https://bravenewbirth.com
Welcome to https://bravenewbirth.com. The https://bravenewbirth.com website (the "Site") is comprised of various web pages operated by Brave New Birth LLC ("Brave New Birth"). https://bravenewbirth.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://bravenewbirth.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://bravenewbirth.com is an E-commerce Site and blog.
This website provides free information on unassisted birth and unassisted pregnancy and also sells products including digital and physical paperback books, as well as digital learning courses.
Electronic Communications
Visiting https://bravenewbirth.com or sending emails to Brave New Birth constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Brave New Birth is not responsible for third-party access to your account that results from theft or misappropriation of your account. Brave New Birth and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Brave New Birth does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://bravenewbirth.com only with permission of a parent or guardian.
Cancellation/Refund Policy
For digital products and courses, you may request a no-questions asked refund on your purchase within 5 days of purchase date (not download date). If you've purchased a physical product, you can request a refund within 5 days of purchase and your refund will include the paid price of your item minus shipping costs, and you will need to ship it back to us and incur those costs, unless the error was our fault in which case we will refund your shipping costs as well send you prepaid return postage.
Links to third party sites/Third party services
https://bravenewbirth.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Brave New Birth and Brave New Birth is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Brave New Birth is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brave New Birth of the site or any association with its operators.
Certain services made available via https://bravenewbirth.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the https://bravenewbirth.com domain, you hereby acknowledge and consent that Brave New Birth may share such information and data with any third party with whom Brave New Birth has a contractual relationship to provide the requested product, service or functionality on behalf of https://bravenewbirth.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://bravenewbirth.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to BRave New Birth that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Brave New Birth or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Brave New Birth content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Brave New Birth and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Brave New Birth or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Brave New Birth has no obligation to monitor the Communication Services. However, Brave New Birth reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Brave New Birth reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Brave New Birth reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Brave New Birth's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Brave New Birth does not control or endorse the content, messages or information found in any Communication Service and, therefore, Brave New Birth specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Brave New Birth spokespersons, and their views do not necessarily reflect those of Brave New Birth.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to https://bravenewbirth.com or posted on any Brave New Birth web page
Brave New Birth does not claim ownership of the materials you provide to https://bravenewbirth.com (including feedback and suggestions) or post, upload, input or submit to any Brave New Birth Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Brave New Birth, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Brave New Birth is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Brave New Birth's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by Brave New Birth from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Brave New Birth Content accessed through https://bravenewbirth.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Brave New Birth, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Brave New Birth reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Brave New Birth in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRAVE NEW BIRTH LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BRAVE NEW BIRTH LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRAVE NEW BIRTH FREE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRAVE NEW BIRTH LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRAVE NEW BIRTH LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Brave New Birth reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brave New Birth as a result of this agreement or use of the Site. Brave New Birth's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Brave New Birth's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Brave New Birth with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Brave New Birth with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Brave New Birth with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Website Disclaimer
The information contained on the Brave New Birth website (operative at bravenewbirth [dot] com; the ‘website’) and blog is provided on an “AS IS” basis. To the fullest extent provided by law, Brave New Birth, Andrea Olson (author) and Jaydee Azavari (partner), disclaim all express and implied warranties including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The website makes no representations or warranties that the content, text, graphics, links, articles or communications provided on or through the use of the website and blog is accurate, reliable, complete, or updated or that it satisfies any government regulations requiring disclosure of information on healthcare or prescription drug products. The website, author and partner assumes no liability for or related to the delay or corruption of any data or other information transmitted in connection with the website and blog. Brave New Birth and Andrea Olson, for all intents and purposes, shall not be held liable under any law of tort or contract for the validity of any statements contained or published on its website, articles, blog, or any other information accessible directly or indirectly through third-party links. By accessing the website or reading this blog, you hereby denounce any claim towards the author or publisher on the accuracy, falsehood, or misrepresentation of the information provided. While the author strives to only include links to trusted third-party websites, you understand that any links provided herein may occasionally offer financial benefit. Any articles, information or suggestions given have not been evaluated by the Food and Drug Administration. The information on this site is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. By reading the articles on this website, you accept that the content of the articles and/or blog provides subjective information taken from the author’s own experience/s. You should not use this information to make changes to how you care for your baby or potty train your baby without consulting your family doctor. The content of this website is provided strictly for educational purposes only, and does not and should not constitute or be considered as medical advice. It is neither intended nor implied to be a substitute for professional medical advice. All content and advice found on the blog does not, in any form, constitute advice with legal standing. The author does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement on the website. Under no circumstances will the author be liable for any loss, damage, injury, harm or death caused to yourself, your baby, or any person under your charge through your reliance on information obtained through this website or its replication in any third-party publications, solicited or otherwise.
You agree to these terms when you visit this website, bravenewbirth.com, and its sister sites, godiaperfree.com and tinyundies.com.
Book Disclaimers (e-books, paperbacks, kindle books)
Brave New Birth LLC and the author of all books sold on bravenewbirth.com including but not limited to Brave New Birth (the ‘book’), for all intents and purposes, shall not be held liable under any law of tort or contract for the validity of any statements contained in any of its published formats whether electronic, paperback, or e-reader. While the author strives to only include links to trusted third-party websites, you understand that any links provided within the books may occasionally offer financial benefit. The books provide general information and guidance that may or may not apply to your personal health condition or circumstances, or that of your child's. The opinions expressed by the author, including any assisting or related parties to the publication, are strictly the personal opinions of the party expressing them. These books in no way prescribe a substitute for the relationship between a medical professional and his or her patient. You are expected to see your treating medical doctor, nurse, midwife or other qualified health care provider regarding any questions you have about you or your child's personal health and any medical condition any of you may have, including any pregnancy and child-rearing topics. No information found through the books should be relied or acted upon without prior consultation from a suitable healthcare provider. Reliance upon any information provided in these books is purely at your own risk. Through purchasing the book, you hereby unconditionally denounce any claim towards the author (Andrea Olson) or Brave New Birth LLC or publisher The Tiny World Company on the accuracy, falsehood, or misrepresentation of the information provided. Any articles, information or suggestions given have not been evaluated by the Food and Drug Administration. The information in these books is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You hereby declare your understanding that the author and its representatives cannot be held liable for any resulting harm, injuries or death caused to you or your baby. The procedures and recommendations detailed in these books are from the author’s own experience and may not be applicable to you or your situation. In no event shall the author of the books or its de facto representatives, volunteers or any third parties having contributed, be liable for any damages whether compensatory, incidental or consequential, arising from or at all related to the use of the information provided herein, regardless of whether such damages are based on warranty, contract, tort, or moral claims.
You agree to these terms when you purchase this book from bravenewbirth.com, godiaperfree.com, tinyundies.com, or amazon.com.
Changes to Terms
Brave New Birth reserves the right, in its sole discretion, to change the Terms under which https://bravenewbirth.com is offered. The most current version of the Terms will supersede all previous versions. Brave New Birth encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Brave New Birth welcomes your questions or comments regarding the Terms:
Brave New Birth LLC
1070 Tunnel Rd Bldg 1
Ste 10 PMB 308
Asheville, NC 28805
Email Address:
mamas@bravenewbirth.com
Telephone number:
866-846-9500
Effective as of January 01, 2011.