Terms of Use.
Terms & Conditions for Use of Website
Effective Date: December 30th, 2022
Wildwood Birth Education LLC (“Wildwood” or “we”) thank you for visiting our website and allowing us to be part of your childbirth journey. We have updated these Terms and Conditions for Use of Website (“Terms”) effective as of the date above. Please read these Terms carefully, as they contain important information regarding your rights and obligations as well as conditions, limitations and exclusions that apply to you.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS.
YOU MAY NOT USE THIS WEBSITE OR ORDER OR OBTAIN SERVICES OR PRODUCTS FROM THIS WEBSITE IF YOU:
(A) DO NOT AGREE TO THESE TERMS,
(B) ARE NOT AT LEAST 18 YEARS OF AGE OR
(C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR ONLINE COURSES BY APPLICABLE LAW.
Acceptance of Terms
These Terms are an agreement between you and Wildwood that govern your use of this website, located at https://www.wildwoodbirth.com/ and all its content, functionality and services and products offered through https://www.wildwoodbirth.com/ (the "Site").
By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.
This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Changes to Terms
We may change these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site. Your continued use of this Site after the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Site so you are aware of any changes, as they are binding on you.
Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.
You are responsible for both:
• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is correct, current, and complete. You agree that all information you provide to this Site is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Intellectual Property Rights
The Site, its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Wildwood, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site available through the Site. If you wish to make any use of material on the Site other than that set out in this section, please address your request to: hello@wildwoodbirthpdx.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Wildwood. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks
Wildwood’s name, the terms “Wildwood,” “Wildwood Birth Education,” and “Wildwood Birth Collective” and all related names, logos, product and service names, designs, and slogans are trademarks of Wildwood or its affiliates or licensors. You must not use such marks without Wildwood’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To impersonate or attempt to impersonate Wildwood, a Wildwood employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Wildwood or users of the Site, or expose them to liability.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.
Reliance on Information
The information presented on or through the Site and through Wildwood’s doula support services, childbirth education and creative services (“Services”) is made available solely for general information and educational purposes. We encourage you to make your own health care and dietary decisions based upon your own research and in partnership with your medical provider. While we have made efforts to ensure that all information on the Site and provided through the Services is accurate, we make no guarantees regarding accuracy or the results that you will see from using the information provided on the Site or through the Services. We do not recommend or endorse any specific tests, physicians, products, opinions or other information that may be mentioned on the Site. Information opinions, advice, statements or other comments on the Site should not be relied upon to determine dietary changes, medical diagnosis or courses of treatment, and are not to be construed as professional advice or medical advice. Any reliance you place on such information, opinions, advice, statements or other comments is strictly at your own risk. We disclaim all liability and responsibility arising from any use of or reliance placed on such materials by you or any other user of the Site or Services, or by anyone who may be informed of any of their contents.
This Site and the Service include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Wildwood, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Wildwood. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Medical Information, Finance and Nutrition Disclaimers
The Site and Services provided through the Site may discuss topics related to health, fitness, finances, nutrition, or medicine. This information is not advice and should not be treated as financial or medical advice and is not intended to replace financial or medical advice. The Site and the Services provided through the Site are not intended to diagnose, prescribe or treat any disease, condition, illness or injury. Seek advice from a licensed professional before beginning any diet program or modifying your diet, including following information available on the Site or Services provided through the Site. The information provided on the Site and Services is provided “as is” without any representations or warranties, express or implied. Do not rely on the information on the Site or provided through Services as an alternative to advice from your professional medical provider. Do not delay in seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Site through Services. All medical information on the Site and provided through Services is for informational purposes only.
We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the information available on the Site or through the Services. The Food and Drug Administration has not evaluated the statements contained in any information on the Site or provided through the Services. Individual results may vary.
Changes to the Site
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site and provided through Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Site
All information we collect on this Site is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Site.
• Send emails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on this Site or the Services that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
Wildwood, the owner of the Site, is based in the State of Oregon in the United States. We provide this Site and the Services for use only by persons located in the United States. We make no claims that the Site or the Services is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES, OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WILDWOOD NOR ANY PERSON ASSOCIATED WITH WILDWOOD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER WILDWOOD, ITS MEMBERS NOR ANYONE ASSOCIATED WITH WILDWOOD REPRESENTS OR WARRANTS THAT:
a) THE SITE, ITS CONTENT, THE SERVICES, OR ANY OTHER ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
b) THAT DEFECTS WILL BE CORRECTED,
c) THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
d) THAT THE SITE, THE SERVICES OR ANY OTHER ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WILDWOOD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WILDWOOD, ITS MEMBERS AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO WILDWOOD FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
Indemnification
You agree to defend, indemnify, and hold harmless Wildwood, its members, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Site, or your use of any information obtained from the Site or Services.
Governing Law and Jurisdiction
All matters relating to the Site, Services and these Terms, and any dispute or claim arising from or related to them (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).
Arbitration
(a) Except as provided in subsection (c) below, YOU AND WILDWOOD AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(b) Except as provided in subsection (c) below, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be administered by the Arbitration Service of Portland (ASP) in accordance with the ASP Rules then in effect. (The ASP Rules are available at https://www.arbserve.com/.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WILDWOOD EDUCATION WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(c) You or we may elect to pursue a claim in small-claims court rather than arbitration if the claim is within the jurisdiction of small-claims court.
(d) Venue for the resolution of any claim or dispute will be Multnomah County, Oregon.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Wildwood of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Wildwood to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and Wildwood regarding use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding use the Site.
Your Comments and Concerns
This Site is operated by Wildwood Birth Education LLC, with address 3015 NE 19th Avenue, Portland, Oregon 97212.
All other feedback, comments, requests for technical support, and other communications relating to the Site and Services should be directed to: connect@wildwoodbirth.com.