Terms of Use Agreement

Terms of Use Agreement

Last update February 2, 2021

  • Our Services

We are Ask A Nurse Midwife LLC (“AANM,” “Us,” “We,” or “Our”). We provide courses, pregnancy coaching, information, and tools to help you understand your health and your options.  We provide a website located at www.askanursemidwife.com  (the “Website”), health education and information.  We utilize social media platforms connected with Ask A Nurse Midwife.

  • Acceptance of Terms

 

Please read these Terms of Use (“Terms”) carefully because they govern your use of Ask a Nurse Midwife (“AANM”)  To make these Terms easier to read the website and our services are collectively called “AANM”

 

By using AANM, submitting information, or placing an order for any classes or pregnancy coaching available through AANM, you irrevocably agree and acknowledge that you have read, understood, and agree to be bound by these Terms and any amendments or supplements to them, and that you consent to the information practices disclosed in our Privacy Policy. You also represent that you are legally able to accept these Terms and affirm that you are of legal age to form a binding contract. If you do not agree to these Terms of Use, you may not use AANM. As long as you agree to and comply with these Terms, AANM grants you non-exclusive, non-transferable, limited privilege to use AANM.  Your use of AANM is subject to the disclaimers and caveats that appear throughout the Website.  AANM and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, courses, coaching, products, or other material on AANM or provided by AANM.. While we strive to keep the information on AANM accurate, complete and up to date, we cannot guarantee, and are not responsible for, any damage or loss related to the accuracy or effectiveness of the information on AANM. 

 

  • What We Don’t Do

 

AANM does not provide medical advice, diagnosis, treatment or prescriptions. We are here to provide information to help you make more informed health decisions, but we are not your doctor, midwife, or healthcare provider. Please seek medical advice and treatment from a professional healthcare provider. If you think you may have a medical emergency, call your professional healthcare provider or 911 immediately. Nothing on AANM should be construed as an endorsement of any specific drugs, tests, physicians, midwives, products, procedures, opinions, “off-label” drug uses, or other information that may be mentioned on AANM. Any health information services, suggestions, or other content on AANM are for informational purposes only.  You assume full responsibility for the use of any information obtained through AANM and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of AANM by you or anyone else. If you or your healthcare provider rely on any information provided by AANM, you do so at your own risk.  We do not share any protected health information (PHI). 

 

  • Changes to these terms

 

We reserve the right to change, modify or amend these Terms of use at any time, without notice and at our sole discretion, to reflect changes in our practices and service offerings.  If we modify our Terms, we will update the “Last Updated” and such changes will be effective upon posting.  It is your obligation to check our current Terms for any changes.

 

  • Restrictions

 

  • Age: You must be 18 years of age or older to use AANM. By using AANM and agreeing to the Terms, you represent and warrant to us that you are at least eighteen years of age. If you send text messages to or receive text messages from AANM, you represent that you are the owner or authorized user of the device you use for texting, and that you are authorized to approve any applicable charges. You may not consent on behalf of someone else. You must be 18 years of age or older and reside in the United States to use our text messaging. 

 

  • No International Users: AANM is intended for users in the United States. AANM is not appropriate for use outside of the United States because certain information provided on AANM will not be suitable for users in other countries. For example, medications may have different names, indications or dosages, and labeling in other countries. Medication to treat a condition in the United States may not be prescribed for the same condition in another country. If you do access AANM from outside of the United States, you do so on your own initiative and are solely responsible for complying with the applicable local laws. You should also know that any information you provide to AANM will be subject to these Terms., which may not be as protective as the laws in your country. Accessing AANM from a location where AANM or its content may be illegal is prohibited.

 

  • No Commercial Use: The content on AANM is for your personal, individual use only, and not for commercial or external use. Users may not solicit or promote their products or services on AANM without AANM’s prior authorization. This restriction applies to the Website and to AANM social media channels. 

 

  • What You Provide to Us:

 

  • User Submissions: “User Submissions” are anything that users (including you) share publicly on AANM, such as comments and photos on social forums or in classes and in AANM social media channels. You understand that your User Submissions are not confidential and may be viewed and shared by others. You also understand that AANM may not be able to remove or delete your User Submissions once they are submitted to AANM or any of AANM’s social channels. You are responsible for your User Submissions. You choose what information to include, so please be truthful and think carefully about what you share. Read more in Privacy Policy (link).

 

  • Permission for AANM to Use What you Submit to us: You agree that AANM may use your user content in connection with operating, providing, and improving our services. 

 

  1. What You Own: Your own User Submissions (also known as “User Content”).

 

  • Modifying Your Information: If you want to remove any of your User Content from AANM, please email us at hello@askanursemidwife.com.  We will consider your request on an individual basis and we may, but are not obligated to, take steps to delete your User Content. Even if we take steps to delete specific User Content at your request, some of your User Content may remain in archived copies for our records or as otherwise required by law. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

  • What We Provide to You

 

  • What We Own: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such items (collectively, “Content”) contained on AANM is owned, controlled or licensed by or to AANM, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

  • Permission for You to Use What We Provide to You:  Subject to your compliance with these Terms, we grant you limited, non-exclusive, non-transferable, non-sublicensable, revocable license to view, copy, display, and print the Content made available on AANM solely in connection with your permitted use of AANM and solely for your personal and non-commercial purpose. You may also use information purposely made available by AANM for downloading from AANM, provided that you do not remove any proprietary notice language in all copies of such documents, use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, make no modifications to any such information, and do not make any additional representations or warranties relating to such information. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the content. 

 

  1. Protecting Our Rights: Except as expressly provided in these Terms, no part of AANM, including any Content, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website or another medium for publication or distribution or for any commercial enterprise without AANM’s express prior written consent. You agree not to infringe AANM’s copyrights, trademarks, trade secrets, or other intellectual property or proprietary rights. You may not use, display, mirror, or frame AANM, or any of our trademarks, including the AANM logo or other proprietary information, without our prior written consent. You may not access, search, download, or copy the Content through automated means (including spiders, robots, crawlers, data mining tools, or the like), other than the software and/or search agents provided by us or by generally available third-party web browsers.

 

  • Policies and Community Rules

 

  1. Privacy Policy: Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. The Privacy Policy is expressly incorporated into the Terms by reference. By using AANM, you agree to be bound by the terms of the Privacy Policy. In the event of any inconsistency between the Privacy Policy and these Terms, the terms of the Privacy Policy shall govern. 

 

  1. Indemnity:  By using AANM, taking any courses supplied by AANM or using coaching services provided by AANM, you agree to defend, indemnify, and hold harmless AANM, its officers, directors, employees, consultants, and agents, from and against any and all losses, liabilities, claims, damages, and costs (including reasonable legal and professional fees) that arise from your access to or use of AANM or the Content, your User Content, or your breach of these Terms. AANM reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any action or claim that is covered by this indemnity provision. 

 

  1. Compliance with Intellectual Property Laws: When accessing AANM, you agree to obey the law and to respect the intellectual property rights of others. Your use of AANM is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of the intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

 

  1. Prohibited Uses: AANM imposes certain restrictions on your use of AANM and its related services (“Prohibited Uses”). You are prohibited from engaging in any criminal or tortious activity in connection with your use or AANM. You are prohibited from violating or attempting to violate any security features of AANM, including, without limitation: (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of AANM or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering with or attempting to interfere with service to any user, host or network, including without limitation by means of overloading, “flooding”, “spamming, “ “mail bombing,” “crashing,” or submitting a virus to AANM; (iv) using AANM to send unsolicited e-mail, including without limitation, promotions or advertisements for products or services; (v) forging any TCP/IP packet header or any part of the header information in any email to AANM; and (vi) attempting to modify, reverse-engineer, de-compile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by AANM. Any violation of AANM’s system or network security may subject you to civil and/or criminal liability. AANM reserves the right to define and add activities to the list of Prohibited Uses, at its sole discretion.

 

  1. Hyperlinks: AANM may contain hyperlinks or third-party websites. When you access these third-party websites through AANM you do so at your own risk. AANM in no way investigates, monitors, or checks the accuracy or completeness of such third-party websites, and AANM is not responsible for any objectionable, inaccurate, misleading, or unlawful content that may reside on such websites. Third-party websites may from time to time, publish hyperlinks that redirect users to AANM. Except as expressly authorized, the link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory, or other malicious, and may not appear or be positioned in such a way as to damage or dilute the goodwill associated with AANM good name and trademarks. Further, the appearance, position, and other aspects of the link must not create the false impression that an entity is associated with, sponsored by, or endorsed by AANM. 

 

  1. Liability and Disclaimers: Disclaimer of Warranties: AANM AND THE CONTENT ARE PROVIDED “AS IS” AND ALL WARRANTIES ARE DISCLAIMED.  To the fullest extent permissible by law. AANM disclaims all warranties, express or implied, of any kind, regarding AANM. The warranties disclaimed include, but are not limited to fitness for a particular purpose, merchantability, title, non-infringement, accuracy, completeness, accessibility, compatibility, security, and freedom from computer virus, as well as any warranties arising out of course-of-dealing, usage, or trade. You agree that AANM will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages and/or lost profits, in connection with your use of AANM. AANM does not guarantee that any products available through AANM will be effective or meet your requirements. You assume the risk that you may be unable to use AANM, and that use of AANM may be interrupted. AANM makes no representations or warranties about the accuracy, reliability, completeness, or currentness of the information provided on AANM, including text, graphics, links, or communications provided on or through the use of AANM. You use AANM at your own risk.

 

  1. Enforcement and Termination: AANM has the right, but not the obligation, in its sole discretion, to pre-screen and approve User Submissions before they appear on AANM, and monitor the use of AANM and User Content to make sure they comply with these Terms and with legal requirements; reject or remove any User Submissions or other content, including Content that we consider to be objectionable or that violates the Terms; investigate complaints or violations of these Terms or conduct that affects AANM; and suspend or terminate any user’s access to AANM for any reason at any time, with or without notice. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right to take any other action we think is necessary to protect the safety of AANM users and the public. Upon any termination, discontinuation, or cancellation of AANM or your use of AANM, all provisions of these Terms which by their nature should survive do, including as to content ownership, disclaimers, indemnity, limitations of liability, and governing law and jurisdiction.

 

  1. Governing Law and Jurisdiction:  These Terms, and all disputes arising out of or relating to these Terms or the use of AANM or the Content, are subject to the laws of the State of Georgia without regard to its provisions. The state and federal courts located in Cobb County Georgia shall have exclusive jurisdiction over any lawsuits filed arising from these Terms or the use of AANM or the Content, to the extent the claims in any such lawsuit are not subject to arbitration pursuant to these Terms, as discussed below.

 

  1. Arbitration: AANM agrees to binding arbitration should it have any dispute with you. Likewise, you agree to binding arbitration should you have any dispute with AANM. A dispute includes any and all claims that relate in any way to, without limitation, your use of AANM, the Content, or the use or attempted use of any products or services available through AANM or any third party through AANM. This agreement to arbitrate, and the terms that discuss arbitration, are referred to as the “arbitration” provisions. BY AGREEING TO ARBITRATE, YOU WAIVE THE RIGHT TO HAVE YOUR CLAIMS AGAINST AANM  DECIDED BY A COURT OR JURY. The arbitration provisions set forth the terms and conditions of our agreement to binding arbitration. These provisions are governed by and enforceable under the Federal Arbitration Act (the “FAA”) 9 U.S.C. § 1-16, as amended. 

 

  1. Mandatory Pre-Dispute Procedures: You agree that, before initiating any arbitration against AANM, you will first give AANM an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us with sufficient detail to allow us to try to address the problem or dispute. You may send the written description by U.S. mail to 3390 Saxony Glen, Marietta, GA 30066. You agree to negotiate with AANM in good faith regarding your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after AANM’s receipt of your written dispute, you may proceed to arbitration. 

 

  1. Time Limitations: You and AANM agree to commence any arbitration proceeding within one (1) year after the dispute arises (including the mandatory pre-arbitration procedure outlined above) and that any proceeding regarding any dispute commenced after one (1) year shall be barred. This provision operates as a statute of limitations with respect to any dispute arising from or in connection with the use of AANM. 

 

  1. Arbitration Details and Rules: The arbitration will be conducted in the county of Cobb County, Georgia. It may be held by telephone or through written submissions if both you and AANM agree. The arbitrator shall have the discretion to select another venue if the arbitrator finds that Cobb County, Georgia will be unreasonably burdensome to you, even taking into account the option of holding the arbitration by telephone or written submissions. The dispute shall be submitted to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the dispute. The arbitrator shall be chosen from JAMS, and the JAMS commercial arbitration rules then in effect shall apply. They can be obtained by calling JAMS. The arbitrator will have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to the agreement can enforce this provision against you or AANM. AANM shall pay for all filing, administrative and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including but not limited to, those for any attorneys, experts, documents, and witnesses. 

 

  1. Arbitration Award: The arbitrator may award any form of individual relief, including injunctions and punitive damages, as long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing in these Terms shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law.  Any award rendered shall include a written opinion and shall be final, subject to appeal under FAA. As an exception to binding arbitration, you and AANM both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis.

 

AANM reserves the right to amend this arbitration provision at any time. Your continued use of AANM is an affirmation of your consent to such changes. Should the changes to this arbitration provision be material, AANM will provide you with notice and an opportunity to opt-out. Your continued use of AANM without opting out is an affirmation of your consent to such material changes. If any portion of these arbitration provisions is deemed unenforceable, the remaining portions of the arbitration provision shall remain in full force and effect. 

 

  1. Opt-Out: YOU HAVE THE RIGHT TO OPT-OUT OF THESE ARBITRATION PROVISIONS WITHIN THIRTY (30) DYS FROM THE DATE OF FIRST USE OR ATTEMPTED USE OF AANM BY WRITING 2886 SANDY PLAINS RD. PO BOX 965562, MARIETTA, GA 30066-9998. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING YOUR USE OR ATTEMPTED USE WITHIN THE 30 DAYS ADN THE DATE YOU FIRST ATTEMPTED TO USE THE WEBSITE. UNTIMELY OPT-OUTS WILL NOT BE VALID. 

 

  1. No Class Actions: To the fullest extent allowed by law, you agree not to act as a representative for any class of individuals or participate as a member in any class or collective action filed in connection with any claims that are asserted against AANM. If this class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then the entire arbitration provision shall be rendered null and void and shall not apply.

 

Miscellaneous Terms: These Terms are the entire and exclusive understanding and agreement between Ask A Nurse Midwife LLC and you regarding AANM and the Content. Other than specifically indicated, if a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect. You may not assign these Terms without our prior written consent, and any attempt to do so will be null. We may assign these Terms without restriction.

 

Changes to these Terms:  We reserve the right to change, modify or amend these Terms of use at any time, without notice and at our sole discretion, to reflect changes in our practices and service offerings.  If we modify our Terms, we will update the “Last Updated” and such changes will be effective upon posting.  It is your obligation to check our current Terms for any changes.

 

Questions:  If you have any questions about these Terms, please email hello@askanursemidwife.com  

 

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