Terms and Conditions
Effective Date: March 11, 2024
Terms of Use
These terms ("Terms of Use") apply to your access and use of the websites (including https://www.maternitymatters.co/), social media channels, videos on YouTube and other websites, and related platforms (collectively, the "Sites") and products (including courses, trainings, information resources, and physical products) (collectively, the "Products") offered by Maternity Matters, a company registered in March 2024 in the State of Texas ("Company", "we", "us", or "our").
User Agreement
By accessing or using the Sites and/or Products, you agree to these Terms of Use, our Privacy Policy (available here), which is incorporated herein by reference, and any other written agreement that governs your use of our Sites and Products. If you do not agree with these terms, you may not use the Sites or Products.
Accessing the Sites and Products
To access the Sites and/or online Products, you must be eighteen (18) years of age or older and have the requisite power and authority to enter into these Terms of Use. Minors are prohibited from using the Sites and/or Products.
You may only use the Sites and/or Products for lawful purposes. You agree to use the Sites and/or Products only for legitimate, non-commercial purposes. You agree not to post or transmit through the Sites and/or Products any material that violates or infringes on the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Products
Most of our Products are delivered to you online in a digital format (e.g., no physical products are shipped to you). In order to access certain Products, you may be required to establish a Customer Account by providing information about yourself including your name, current email address, username, password and other personal information, which you must treat as confidential. You agree that any such information you give to the Company will always be accurate, correct and up-to-date, otherwise we will not be able to deliver important details about your Product purchase(s) to you.
You agree that the Products, including any materials contained therein, any usernames or passwords, may only be used by you – the individual who is the customer on record with the Company – as permitted herein and may not be sold or distributed without the Company's express written consent.
Product Payments
You agree to make timely and full payments to the Company for purchased Product(s) (regardless of whether you selected to pay for the Product(s) in full or with a payment plan). You authorize the Company to automatically charge the credit card on file for any and all payment balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, the Company may revoke your access to the Products, without refund.
Refund Policy
Within thirty (30) calendar days of the purchase, you may request a refund of the amount you paid for this Product by contacting customer support here and submitting the requested materials to the Company's satisfaction.
Limited License
For Products you have access to, the Company grants you a limited, personal, non-exclusive, non-transferable license for your own personal and internal business use. You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create competing products or services, enhance, or in any way exploit any of the Products in any manner.
You shall not remove any copyright notice from any of the Products. Doing so may infringe on our intellectual property rights.
Intellectual Property Rights
The Sites and Products contain intellectual property owned by the Company ("Company's Intellectual Property") and by third-parties that licensed the content to us ("Third-Party Licensed Intellectual Property"), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the "look and feel." You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites and Products, Company's Intellectual Property and Third-
Hyperlinking To Our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Company Name; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Company Name. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Company Name's logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Third-Party Links and Advertising on Our Sites and Products
We may provide links to other websites or resources that are not maintained by or related to us. These links are for your convenience and are not sponsored by, endorsed by, or otherwise affiliated with the Company. We have no control over these websites and their content, and we make no representations or warranties about the content, completeness, quality, or accuracy of the links, goods, services, materials, or information contained on any such website.
You acknowledge and agree that:
- The Company is not responsible for the availability of such links, resources, and content.
- The Company does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials made available on or from these linked websites.
- The Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any content, goods, or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links.
- The Company is not responsible for any intellectual property or other third-party claims relating to your posting or using such links.
Affiliate Links
From time to time, the Company may include affiliate links on its Sites and in its Products. This means that if you purchase an item using an affiliate link, the Company may earn a commission. This is disclosed in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Publicly Shared Information Not Confidential
You understand that information you provide or share with us directly or indirectly, on our Sites, social media platforms, chat rooms, discussion forums, or message boards (whether in the form of emails, text messages, comments, audio calls, video calls, coaching calls, webinars, or otherwise) will be broadly available to other persons, both inside and/or outside of the Company.
Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company.
Your Feedback
You agree that the Company has the right to use your feedback, whether in the form of emails, submissions, surveys, comments, discussions on the Sites and/or Product-related forums, calls, or otherwise, for the purposes of marketing or promoting the Company Sites and/or Products.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”).
You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that:
- The Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms.
- The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.
However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Maternity Matters has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Maternity Matters or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
The Company and Site Do Not Provide Medical Advice
This site offers health, wellness, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a midwife, doctor, or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, obstetrics, pediatrics, gynecology, maternal health, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
Errors, inaccuracies, and omissions
Information provided about or in the Sites and/or Products is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Sites and/or Products.
Use of testimonials and reviews
The Sites and/or Products may reference testimonials, reviews, case studies or other feedback from others about our Sites and/or Products. Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information in our Sites and/or Products.
Results not guaranteed
The Company may share the successful results of the Company, its users, or customers on the Sites and Products. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Sites and/or Products, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantees that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Sites and/or Products is a promise, warranty or guarantee to you of such results.
No warranties
THE USE OF THE SITES AND PRODUCTS ARE AT YOUR SOLE RISK. THE SITES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SITES AND PRODUCTS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (1) THE SITES AND PRODUCTS WILL MEET YOUR REQUIREMENTS, (2) THE SITES AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SITES AND PRODUCTS WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF SITES AND PRODUCTS WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SITES AND PRODUCTS WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SITES AND PRODUCTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITES AND PRODUCTS SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of liability
TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.
Indemnification
You agree to indemnify, defend, and hold us, our subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of our Sites and/or Products in violation of these Terms of Service and/or your violation of any rights of another or any applicable law, rule or regulation. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Sites and Products.
Refusal of service
We reserve the right to refuse access to the Sites and/or Products to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Sites and/or Products, without refund, if you violate these Terms of Service or other agreements governing your use of the Sites and/or Products.
Relationship of the parties
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us by virtue of your use of the Sites and/or Products. Furthermore, no professional client relationship is formed between you and Company by your use of the Sites and/or Products, unless you and the Company enter into a separate written agreement indicating our intention of entering into a professional client relationship with you.
Notices
Any notice or other communication to be given will be in writing and given by registered or certified mail return receipt requested to the physical address or email address noted below for the Company or to the last known physical address or email address associated with your account.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas
Dispute Resolution
If a dispute arises under these Terms of Service, we agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Texas. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by both of us.
If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in Texas. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
If any court action is necessary to enforce these Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Waiver
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
Severability
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid. Company may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
Entire Agreement
These Terms of Service, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Sites and Products, constitute the entire agreement between you and the Company with respect to the Sites and Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Sites and Products.
How to contact us
You can us with any questions or comments about the Terms of Service via the Contact Us page of maternitymatters.co
Changes to terms of service
We may amend these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on the Sites and/or Products. Any use of the Sites or Products by you after means you accept these amendments.