Web Site Terms and Conditions of Use                                      Contact Us

PLEASE READ THE FOLLOWING TERMS OF USE (FURTHER KNOWN AS "AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY BIRTHPOWER®.  THIS TERMS OF USE SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.BIRTHINGPOWER.COM (THE "SITE") AND ALL OF THE OTHER SERVICES PROVIDED BY BIRTHPOWER® ON THE SITE.

By using the Site in any manner, including but not limited to visiting, viewing or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

BirthPower® is a Venue

BirthPower® acts as a venue to allow users who comply with BirthPower®'s policies to offer, sell and buy certain goods within a fixed-price format. BirthPower®is not directly involved in the transaction between buyers and sellers. As a result, BirthPower®has no control over the quality, safety, morality or legality of any aspect of the items or services listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.

BirthPower®does not pre-screen content or information provided by users. BirthPower® cannot ensure that a buyer or seller will actually complete a transaction.

PLEASE NOTE THAT BirthPower® does not transfer legal ownership of items from the seller to the buyer.

BirthPower® cannot guarantee the true identity, age, and nationality of a user. BirthPower®encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service to provide additional user verification.

You agree that BirthPower® is a venue and as such is not responsible or liable for any content, for example, services, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on BirthPower®®.

You use the BirthPower® service at your own risk.

Membership Eligibility

Age: BirthPower®'s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. BirthPower® may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use BirthPower®'s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by BirthPower®'s policies as stated in the Agreement and the BirthPower® policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by BirthPower®, each of which is incorporated herein by reference and each of which may be updated by BirthPower® from time to time without notice to you:

Web Site Terms and Conditions of Use

Access to and use of this site is provided by BirthPower® and  subject to the following terms and conditions:

1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.  BY ACCESSING AND BROWSING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE OVER 13 YEARS OF AGE AND THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE. This site is © BirthPower®, All rights, including copyright, in this website and its contents, are owned by or licensed to BirthPower®, or otherwise used by BirthPower® as permitted by applicable law. To the maximum extent permitted under law, all text, images, downloadable files and other materials available on this site are protected by U.S. copyright law, various international treaties and other applicable law protecting text, images, downloadable files and other materials available on this site.

The contents of this website (the “Site”), such as text, graphics, images, information provided by BirthPower® or obtained from BirthPower®’s licensors, and other material contained on the Site (“Content”) are for informational purposes only.

The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your qualified health provider with any questions you may have regarding a medical condition. Reliance on any information provided by BirthPower® or others appearing on the Site or other websites linked to the Site is solely at your own risk.

THE SITE IS A MARKETPLACE FOR THE SALE OF ALTERNATE BIRTHING PRODUCTS AND MAY CONTAIN HEALTH- OR MEDICAL-RELATED MATERIALS OR LINKS THAT ARE SEXUALLY EXPLICIT. IF YOU FIND THESE MATERIALS OR LINKS OFFENSIVE, YOU MAY NOT WANT TO USE OUR SITE.

2. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on BirthPower®’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on BirthPower®’s web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by BirthPower® at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
c. In accessing the Site, you agree that you will access the Contents solely for your own private use. Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of BirthPower®.

3. Disclaimer
a. THE MATERIALS ON BIRTHPOWER®’S WEB SITE ARE PROVIDED “AS IS”. BIRTHPOWER® MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, BIRTHPOWER® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS, CLASSES OR AUDIO WORKS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE. FURTHER, BIRTHPOWER® DOES NOT WARRANT THAT THIS SITE OR THE MATERIALS AND INFORMATION MADE AVAILABLE THROUGH IT ARE FREE FROM COMPUTER VIRUSES, WORMS OR OTHER HARMFUL EFFECTS.

YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.

4. Limitations
IN NO EVENT SHALL BIRTHPOWER® OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON BIRTHPOWER®’S INTERNET SITE, EVEN IF BIRTHPOWER® OR A BIRTHPOWER® AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN MAIL OR OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE OR INTERNET SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

5. Revisions and Errata
The materials appearing on BirthPower®’s web site could include technical, typographical, or photographic errors. BirthPower® does not warrant that any of the materials on its web site are accurate, complete, or current. BirthPower® may make changes to the materials contained on its web site at any time without notice. BirthPower® does not, however, make any commitment to update the materials.

6. Links
BirthPower® has not reviewed all of the sites and Sellers linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link, product, service or class does not imply endorsement by BirthPower®. Use of any such linked web site is at the user’s own risk. BIRTHPOWER® WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING GOODS OR SERVICES AVAILABLE FROM SUCH LINKED SITES.

7. Site Terms of Use Modifications
BirthPower® may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law
Any claim relating to BirthPower®’s web site shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

 

 


 

 

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