End User License Agreement for Mamas
- Last updated: January 6, 2023
End User License Agreement for Mamas
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PostPartum Power intended for women at least six weeks postpartum. -
The Early Days Manual intended for women who just had a baby and up to being six weeks postpartum. -
Elevate your Birth is intended for women who are between 36 weeks pregnant and delivery.
1. Acceptance and Agreement to Be Bound
2. The Website, the Service, and the Course Do Not Provide Medical Advice
(a) The website, the Service, and the Course is provided for informational and educational purposes only. This includes the entirety of the website (including text, images, videos, and blogs), MC, LLC videos streaming through Circle, hosted on third-party websites, MC, LLC social media (as it is defined in the website’s privacy policy), and any information obtained from MC, LLC licensors or third parties, and the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Service.
This information is collectively referred to as the website’s “Content.”
(b) If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with a licensed healthcare provider. In the case of a medical emergency, you should call 911 immediately.
(c) The website, the Services, and the Content do not create or constitute a provider-patient relationship between you and MC, LLC. By using the website, the Services, and the Content, you explicitly acknowledge that you understand your use of the website, the Services, and the Content does not create a provider-patient relationship between you and MC, LLC. Your use does not create any duty for MC, LLC to follow up with you about any medical condition,
diagnosis, or treatment.
(d) The website, the Services, and the Content do not provide any licensed services. Nothing on the website, the Services, and the Content is intended to and does not constitute the practice of physical therapy, occupational therapy, massage therapy, or similar licensed activities. The website, the Services, and the Content are for educational purposes only based upon the proficiency in, knowledge of, and experience with the subject matter of the website, the Services, and the Content.
3. The Website, the Service, and the Course Is Not Subject to HIPAA
(a) Although MC, LLC takes the confidentiality of its visitors and clients seriously as described in the privacy policy, MC, LLC’s activities as it relates to the website, the Services, and the Content are not subject to the Health Insurance Portability and Accountability Act (“HIPAA”).
(b) Do not use, provide, transmit, store, or disclose any health information that constitutes protected health information (“PHI”). MC, LLC accepts no affirmative duty to learn whether you provide, transmit, store, or disclose PHI while using the website, the Content, or the Service. Still, if MC, LLC has actual knowledge that you are using, providing, transmitting, storing, or disclosing PHI, it may terminate your account and revoke your access to the website, the Services, and the Content.
(c) If you use, provide, transmit, store, or disclose PHI in connection with the website, the Services, or the Content, you agree to indemnify MC, LLC against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out such use, provision, transmission, storage, or disclosure of PHI.
4. The Permitted Use of the Content and Your Conduct
(a) Unless otherwise expressly stated, MC, LLC, or its licensors owns all the Content. The Content is protected by the United States and worldwide copyright laws and treaty provisions.
(b) As long as you comply with these conditions of use, and provided that you do not modify, delete, or change any copyright, trademark, or other proprietary notices, and subject to the conditions of use and privacy policy, MC, LLC hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Service for as long as your subscription (as defined in this conditions of use) remains active.
(c) Except as provided above, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Content, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory. All rights not expressly granted are reserved to MC, LLC.
(d) You expressly agree not to deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service. MC, LLC reserves the right, but does not have the obligation, to monitor all conduct on the website.
5. The Website, the Services, and the Content Are Not Intended for Children.
(a) The website, the Services, and the Content are not intended or designed to attract children under the age of 18. MC, LLC does not collect personally identifiable information from any person known by MC, LLC to be a child under the age of 18. Should MC, LLC, inadvertently come to possess personally identifiable information about a child under the age of 18, MC, LLC will not knowingly disclose contact information relating to a child under the age of 18 to any third-party.
6. Our Disclaimer of Liability and No Warranty
(a) ALL INFORMATION IN THIS SITE IS PROVIDED ON A SUBSCRIPTION BASIS AND “AS IS.” ACCORDINGLY, MC, LLC MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, CONCERNING THE WEBSITE, THE SERVICES, AND THE CONTENT OR ANY LINKED WEBSITE. TO THE FULL EXTENT PERMITTED BY LAW, MC, LLC DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
(b) MC, LLC GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THE WEBSITE, THE SERVICES, AND THE CONTENT OR OF ANY LINKED WEBSITE.
(c) By using the website, the Services, and the Content, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on the website and are not responsible for any errors or omissions in the information provided.
(d) MC, LLC is not responsible for visitors’ damage or loss. You agree that MC, LLC is not responsible to you or others for any loss or damages that result from your use (or nonuse) of the website, the Services, and the Content any linked third-party website. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of the website, the Services, and the Content or its contents. MC, LLC is not responsible, regardless of whether MC, LLC has been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against MC, LLC is to stop using the website, the Services, and the Content.
(e) Without limiting the preceding paragraphs, you expressly release MC, LLC from any responsibility and liability relating to your use of the website, the Services, and the Content, linked websites, or information contained in the website or linked websites, including any liability or responsibility pertaining to the use, administration, and the use or disclosure of your information under the website privacy policy.
7. The Information You Provide
(a) MC, LLC has the right, but not the duty, to monitor your use of the website, the Services, and the Content, including any information you provide. Any information you send to MC, LLC by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email.
(b) The website, the Services, and the Content provides you the option to communicate with MC, LLC through email. This option is provided solely for your convenience, and it may not be secure. By using it, you agree that MC, LLC is not responsible for the privacy of any email messages. MC, LLC does not warrant the confidentiality or security of any email transmission.
(c) You are responsible for all information you send or communicate through the website, the Services, and the Content. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. MC, LLC may edit, delete, modify, or ban such information, and take necessary legal action.
8. Do Not Submit Information That We Have Not Requested
(a) Do not send MC, LLC any ideas, suggestions, materials, concepts, or other information (collectively “Information”) relating to the website, the Services, and the Content. If you violate this policy and do send Information to MC, LLC, that Information will become MC, LLC’s property. This means that MC, LLC will have unrestricted use of it for its personal and commercial purposes. You will not be compensated, and MC, LLC will not be liable to you or any other provider of the Information.
(b) If you send Information to MC, LLC, you agree: (i) to waive your rights in any Information; (ii) to warrant that it is original to you; (iii) that you have the right to submit it to MC, LLC; and (iv) that you have no recourse against MC, LLC for any alleged or actual infringement or misappropriation of any proprietary right in any Information.
(c) MC, LLC is not obligated to maintain the confidentiality of any Information submitted, and MC, LLC disclaims any liability that may result from its disclosure of any Information submitted in violation of its policy.
(d) You further agree not to: (1) transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; (2) impose an unreasonably large amount of Information on the website or otherwise interfere with or inhibit any other user from using or enjoying the website, the Services, and the Content; (3) transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; (4) access, use, or copy any portion of the Content using
automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and (4) impersonate another person or allow any other person or entity to use your identification for interacting on MC, LLC’s social media, as defined in its privacy policy.
9. Our Links to Third-Party Websites
(a) MC, LLC may provide links to third-party websites. The website, the Services, and the Content occasionally provides links to third-party websites. By clicking on these links, you agree that MC, LLC is not responsible and does control any information on these websites. Third-party websites are unrelated to, and not maintained by, MC, LLC.
(b) By clicking on such links, you agree that MC, LLC is not responsible for their content, regardless of whether your access is provided by MC, LLC or by another third-party. MC, LLC does not warrant the accuracy, timeliness, or suitability of the content of any third-party website.
(c) By providing a link to a third-party website, MC, LLC does not endorse the products or services of that linked websites, nor does it endorse the third-party website’s sponsoring organization. Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider and not MC, LLC.
(d) Third-party websites may provide links to MC, LLC. MC, LLC hereby grants third-party websites the limited right to link to its website. This limited license does not grant the right to “framing” of the Content or grant any other activity that could create a misimpression or confusion among users concerning sponsorship or affiliation.
10. Indemnification of Use From Your Use of the Website, the Services, and the Content
(a) You agree to indemnify MC, LLC against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third party’s claims that relate to your use of the website, the Services, and the Content.
11. The Website, the Service, and the Course Operation
(a) MC, LLC makes all reasonable efforts to keep the website, the Services, and the Content operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages. MC, LLC cannot control the operations of third parties, including Circle Co.
(b) MC, LLC, however, does not provide any assurance or warranty that: (i) access will always be available; (ii) service will be uninterrupted; (iii) its operation will be error-free; (iv) defects will be corrected; or (v) the servers that operate the website are free from viruses or other harmful components.
(c) You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use.
12. Your Privacy and Security
(a) MC, LLC makes every effort to comply with all applicable laws that concern the privacy of online communications. By using the website, the Services, and the Content, however, you acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised.
(b) As a matter of prudence, you are urged to assume that all internet communications are no secure. To learn more about how MC, LLC maintains the privacy and security of its website visitors, please read the privacy policy.
13. Our Exclusive Proprietary Rights
(a) The website, the Services, and the Content are protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws. By using the website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted in the privacy policy or these conditions of use is prohibited.
(b) Reproduction, replication, or redistribution for commercial purposes of any of
the Content is prohibited.
14. Your Account Registration and Security
(a) To access some of the Service and the Content, you may have to create an
account with circle.so and with us. In doing so, you agree to supply truthful and
complete information and update it if it changes. The Content or the Service is
not for or directed to anyone under 18 years of age. By providing information
about yourself, you warrant that you are over 18 years of age and that you are of
legal age to form a binding contract. If you provide any untruthful or incomplete
information, or if MC, LLC reasonably suspects such, MC, LLC may suspend or
terminate your account and refuse your future use of the Content or the Service.
(b) You are solely responsible for your account activity and agree to maintain your
strong password and not use anyone other person’s password or login
credentials. You further agree not to share or sell your password or log in, and to
notify us if you suspect unauthorized use of your account.
15. Your Purchase of the Course
(a) Fees. If you purchase the Course, you agree to pay the charges for the Course (“Fee”). Fees are detailed on the website.
(b) Payment. The payment can be made via PayPal or Stripe or SamCart (“Payment Processor”) on the website. By using either Payment Processor to pay the Fee, you agree to Payment Processor’s terms and conditions of use.
(c) Authorization. By providing payment information to us, you grant the Payment Processor and us your consent and authorization for your credit card to be charged for the Fee. All overdraft, chargebacks, and bank fees are your sole responsibility.
(d) Refunds.
- For all courses/programs:We offer a full refund policy for the value of the course or bundle purchased once the participant has completed the entire course/module, and has participated in self guided activities, done the “homework” and home program suggestions, and has participated in the community group discussion boards and live QA sessions.
- If after the course is completed and the above conditions are met and the participant feels that the course did
i. Not live up their expectations
ii. Did not improve their learning and/or understanding of the pelvic floor
iii. Not help improve pelvic floor problems to any degree
- The participant can email us at hello@thedowntheredoc.com requesting a refund.
(e) Taxes. The Fee is exclusive of value-added, goods and devices, sales, or other tax. You are solely responsible for such payment and compliance with such taxes.
(f) Termination. We reserve the right to terminate your access to the website, the Service, and the Course if you do not make payment or violate any of the terms of these conditions of use.
16. Our Health Disclaimers
(a) You agree that MC, LLC is not responsible for any injuries that you sustain from participation in any of the activities depicted on the website or through the Content or the Service. You expressly waive any claim for any injury at any time against MC, LLC, or any person or entity involved with MC, LLC, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.
(b) Your use of the website, the Services, and the Content evidences your understanding that physical exertion may result in physical or mental injury or risk of injury. You further agree that you are solely responsible for exercising within your limits.
(c) YOU SHOULD SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING A PHYSICAL EXERCISE REGIMEN. IF YOU FEEL FAINT, DIZZY, OR HAVE PHYSICAL DISCOMFORT, STOP IMMEDIATELY, AND CONTACT YOUR PHYSICIAN.
(d) MC, LLC Content may suggest a particular technique, use of equipment, pose, move, or instruction. Still, it is your sole responsibility to ascertain if such a technique, use of equipment, pose, move, or instruction is consistent with your ability and safe for you to do.
17. We Provide No Warranty or Guarantee of Any Outcome
(a) MC, LLC has made efforts to provide accurate information on the website, the Services, and the Content. But any testimonial or example on the website, the Services, and the Content does not guarantee that you will receive similar results. Your results will depend on your background, effort, overall health, motivation, desire, and many other factors that are beyond the scope of the website, the Services, and the Content.
(b) MC, LLC MAKES NO GUARANTEE AND NO WARRANTY THAT YOU WILL HAVE
ANY SPECIFIC RESULT.
18. Our Commitment to Intellectual Property
(a) MC, LLC respects intellectual property rights. If you think that material that appears on the website, the Services, and the Content is subject to copyright or trademark infringement, please provide us with the following information: (1) The claimed infringement; (2) reasonably sufficient information to allow MC, LLC to locate the claimed infringement on the website; (3) the owner or complaining parties contact information, including name, address, and email address; (4) the signature of the owner; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Note: Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
19. You May Not Assign These Conditions of Use
(a) The conditions of use, licenses, and subscriptions may not be transferred or assigned by you but may be assigned by us without restriction.
20. Your Consent for Electronic Communications
(a) By providing MC, LLC with your email address, you consent to receive unencrypted an unsecured email communication from us. You agree that any notices, agreements, disclosures, or other communications that MC, LLC provides to you by email satisfy any legal communication requirements.
21. The Applicable Law and Enforcement
(a) The laws of the state of Alabama, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of these conditions of use. If a website visitor or subscriber takes legal action against us relating to the website privacy policy or these conditions of use or relating to the visitor’s or subscriber’s interactions with or relationship to MC, LLC relating to the website, the Services, and the Content, that visitor or subscriber agrees to file such action only in the state and federal courts located in the State of Alabama.
(b) By using the website, you agree that: (i) if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable unless that modification is not permitted by law, in which case that provision will be disregarded; (ii) that if an unenforceable provision is modified or disregarded under this paragraph, then the rest of these conditions of use will remain in effect as written; and (iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
(c) No waiver of any of the privacy policy or these conditions of use shall be effective unless it is in writing and signed by an authorized representative of MC, LLC. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.
(d) The privacy policy and these conditions of use constitute the entire agreement between you and MC, LLC, as it relates to your use of the website, the Services, and the Content. It does not create any relationship between you and MC, LLC that is not contemplated in these policies.
22. Our Amendments and Modifications
(a) MC, LLC may amend or update the privacy policies, these conditions of use, the Content, or the Service at any time without prior notice. If you use the website after any changes, you agree to be bound by the changes.
23. Our Affiliate Disclaimer
(a) Under the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, some of the links are affiliated links. This means that MC, LLC may receive a payment if you purchase products or services through such links. MC, LLC only utilizes affiliated links for products or services that its principals have personally used and believed will add value to its visitors and subscribers.
