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Updated on January 1, 2023

Please read these terms carefully before using this site. 

Thank you for visiting Evidence Based Birth® at www.evidencebasedbirth.com, a website and blog owned and managed by Evidence Based Birth, Inc. All references in these Terms of Use/Disclaimer to Evidence Based Birth,® are to Evidence Based Birth, Inc, including its members, officers, employees, agents, and representatives.

By accessing, using, downloading, and/or browsing information on the website, blog, podcast, videos, newsletters, social media, webinars, or any other products offered by Evidence Based Birth® (hereafter referred to as Evidence Based Birth® content) you acknowledge your understanding and agreement to all the following:

The Evidence Based Birth® content only provides general information that may or may not apply to your personal health condition or circumstances. The opinions expressed in Evidence Based Birth® content by any Evidence Based Birth® team members or volunteers on behalf of Evidence Based Birth® are strictly their own personal opinions and not the opinions or policies of any third party, including any health care provider, employer, educational or medical institution, professional association or charitable organization. Nothing in the Evidence Based Birth® content constitutes or shall be construed as constituting medical or legal advice of any kind whatsoever, whether from a licensed medical professional or otherwise; nor is it a substitute for professional medical advice, diagnosis and treatment. If you need legal or healthcare advice or information, seek out a suitably qualified professional licensed to practice where you live.

There is no substitute for the relationship between a medical professional and his or her patient. See your treating physician, osteopath, nurse practitioner, midwife or other qualified health care provider regarding any questions you have about your personal health and any medical condition you may have, including a pregnancy. No information found on this website or blog should be relied or acted upon by you without first consulting your own treating healthcare provider. NEVER disregard professional medical advice or delay seeking it because of something you have read/listened to/watched in Evidence Based Birth® content. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance upon any content provided by Evidence Based Birth® is solely at your own risk.

Evidence Based Birth® reserves the right, at our sole discretion, to change, modify, revise, or discontinue any webpage, service, term, or condition contained in Evidence Based Birth® content. Any change, modification, revision, or discontinuation will become effective immediately upon the posting on our Site. Please frequently review the terms and conditions included within our Site. Your subsequent use of Evidence Based Birth® content after any change, modification, revision, or discontinuation will constitute your acceptance of any new, modified, revised, discontinued content, terms, or conditions within our Site. Your use of our Evidence Based Birth® content constitutes your assent to follow and be legally bound to all of the terms and conditions included within our Site. If you disagree with any of the terms or conditions of our Site, please do not use Evidence Based Birth® content. By using Evidence Based Birth® content, you further agree that your use will be made in accordance with any governing laws, and your use will not interfere with the Site nor be used for any illegal or improper purpose.

DISCLAIMER:

The information in the Evidence Based Birth® content is provided on an “AS IS” basis. To the fullest extent provided by law, Evidence Based Birth® disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose with respect to all Evidence Based Birth® content. Without limiting the foregoing, Evidence Based Birth® makes no representations or warranties that the content, software, text, graphics, audio, video, links, or communications provided on or through the use of Evidence Based Birth® content are: (i) accurate, reliable, complete, or current/up-to-date; or (ii) satisfies any government regulations requiring disclosure of information on healthcare or prescription drug products. Further, Evidence Based Birth® content is transmitted over a medium that at times may be beyond the control of Evidence Based Birth®. Accordingly, Evidence Based Birth® assumes no liability for or related to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with its content. The entire risk of the accuracy, adequacy, completeness, correctness, quality, and validity of any of the information or materials contained within Evidence Based Birth® content lies with you.

Reliance upon any information provided in the Evidence Based Birth® content is solely at your own risk. Evidence Based Birth® reserves the right to make alterations or deletions to the content at any time without notice. Evidence Based Birth® does not recommend or endorse any specific tests, physicians, midwives, health care providers, doulas, medical facilities, products, procedures, opinions, or other information that may be mentioned in the Evidence Based Birth® content as safe, appropriate, or effective for you.

To the extent that we provide information, content, or hyperlinks to websites to or from parties or entities not owned by Evidence Based Birth®, such content is provided for informational purposes only and we do not independently investigate the validity or accuracy of the information provided. We expressly disclaim all warranties express or implied relating thereto. We do not endorse or take responsibility for any products or services or the delivery of any products or services accessed, obtained or procured, or advertised from such websites. Evidence Based Birth® nor any of its affiliates or subsidiaries will be liable or responsible for any errors, omissions, or results obtained by the use of any information contained within these websites as well. Evidence Based Birth® will not incur any type of liability for any type of damages resulting from but not limited to negligence, breach of contract, libel, defamation, infringement of copyright or other intellectual property rights, arising from the exhibition, dissemination, distribution, or exploration of any information contained within the hyperlinked websites of third parties. Any claim against Evidence Based Birth® is hereby waived for any information, content or material (including without limitation user generated content) represented on any third party website or any information provided to the third party website (including without limitation personal, financial, or other type of identifying information).

Limitation of Liability:

Under no circumstances, including but not limited to negligence, shall Evidence Based Birth, Inc, its members, officers, representatives, agents, authors, employees, volunteers or any third parties who contribute to the content or who are mentioned in the content, be liable for any damages of any kind or nature, including, without limitation, compensatory, incidental and/or consequential damages, arising from or at all related to the use of, reliance upon, or inability to use any Evidence Based Birth® content, regardless of whether such damages are based on warranty, contract, tort, or any other legal theory. Your sole and exclusive remedy for dissatisfaction with Evidence Based Birth® content is to stop using it.

Applicable laws may limit the exclusion of certain warranties or liability for certain types of damages. Therefore, some of the limitations listed above may not be applicable to your situation. However, in no event shall Evidence Based Birth®’s total liability to you for any claims, damages, or loss in contract or tort (including but not limited to negligence) exceed the amount paid by you, if any, for accessing Evidence Based Birth® content.

Non-waiver:

A failure to enforce any of the terms or conditions located in our Site shall not constitute a waiver of any right under these terms or any others for any past of future actions of any party. Furthermore, you represent and warrant that Evidence Based Birth® will not be stopped from asserting any term or condition located within this agreement because of a previous lack of enforcement. Only a document signed by an authorized board member of Evidence Based Birth® will have any legal effect to waive any of the terms and conditions included within our Site.

Content and Intellectual Property:

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio recordings, video clips, and written and other materials that appear as part of the compilation of this Site (collectively the “Contents”) are copyrighted materials protected by law, and are the property of Evidence Based Birth®, unless otherwise noted. To the extent that we include certain trademarks or service marks owned by other parties, on the Site, such trademarks or service marks are the property of their respective owners. The term “Evidence Based Birth” is a registered trademark. The overall dressing and appearance of the site is the proprietary trade dress of Evidence Based Birth®. The Evidence Based Birth® content is intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of Evidence Based Birth® content. You may download or copy approved materials or other downloadable materials displayed on the Site for your personal use only. Such downloads or copies may be subject to separate license agreements governing their use.  Unless otherwise stated, no right, title, or interest in any downloadable materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Evidence Based Birth® content, the Site, or any related software.

Miscellaneous:

Any dispute arising under these terms and conditions shall be resolved exclusively by the state and federal courts of the State of Kentucky, U.S., applying Kentucky law without regard to any conflict of law provisions.

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