We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to a newsletter, or connect with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, email addresses. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.
For the purpose of the Data Protection Act of 1998, the data controller in respect of any personal data that you submit to us on our is Birthing Stone Doula, a company incorporated under United States law, and whose registered office is at 6663 SW Beaverton Hillsdale Hwy, Portland Or 97225.
Birthing Stone Doula
6663 SW Beaverton Hillsdale Hwy
Portland Or 97224
WHAT INFORMATION DO WE COLLECT?
- We will collect information that you provide to us when you register with the Service (such information shall include, but may not be limited to: your name, age, debit/credit card information, telephone number, postal address and email address);
- We do not hold your debit/credit card information- this is collected by Paypal, Stripe, Quickbooks, or Square.
- About your usage of the Service; that you provide to us in e-mails or letters that you send to us; and about transactions you carry out through the Service, orders you place and the fulfilment of your orders;
- It is possible to view the Birthing Stone website without providing any personal details. However, without registering your details you will not be able to use our Services.
- We may use an analytics service provider for service usage analysis and reporting. Analytics service providers generate statistical and other information about usage by means of cookies, which are stored on users’ computers. The information generated relating to the Service may be used to create reports about the use of the Service and the analytics service provider will store this information.
HOW DO WE USE THE INFORMATION THAT YOU PROVIDE TO US?
We may use your information in the following ways:
- to ensure that our Service is delivered in the most effective manner for you and your computer;
- to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- to carry out our obligations arising from any contracts entered into between you and us;
- to provide customer service to you in relation to your use of the Service, to deal with inquiries and complaints relating to the use of the Service and to notify you about any changes to our service;
- to administer, support, improve, optimise and develop our Service;
- to produce reports which may be used, sold, or published by us at our sole discretion provided that any data or reports will be anonymised and not refer to any individual user of the Services;
- for internal marketing and demographic studies to improve the products and services that we provide; and for security purposes.
- We may also use your information to provide you with our email notifications, newsletters and other marketing communications that either you request from us or which you consent to by opting in when completing a registration form on the Service. You may opt out from receiving such marketing communications from us at any time by notifying us in writing, contacting us at email@example.com or, alternatively, by following the procedure to ‘unsubscribe’ that is specified in the email that you receive.
DISCLOSURE OF YOUR INFORMATION
- You should note that information posted on the public elements of the Service may be visible by users of the Service throughout the world. You should therefore be careful when submitting information about yourself to the Service.
- We may disclose your personal information to Facebook Inc in order to fulfill the Services. You can review Facebook’s Terms of Service here: https://www.facebook.com/ads/manage/customaudiences/tos.php
THIRD PARTY SITES
- Third Party Sites we use: Google Analytics/adwords, Facebook Pixel, Dubsado, Mailchimp, Quickbooks.
HOW DO WE PROTECT YOUR INFORMATION?
- Appropriate security measures will be adopted to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. However, you acknowledge that data transmission over the internet is inherently unsecure and that we cannot guarantee the security of data you send over the internet.
- Your information will only be held for a reasonable period or as long as the law requires or permits.
ACCESSING YOUR INFORMATION
YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Terms & Conditions
BY VISITING birthingstone.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to Birthing Stone Doula. The term the “Site” refers to Birthingstone.com The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The blog provided on this site, design services offered for sale on this site, any and all trainings or workshops offered through Birthing Stone Doula (the “Service”).
Use of Birthingstone.com, including all materials presented herein and all online services provided by Birthing Stone Doula, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to Doula services, Childbirth Education or Business Training, and other information are subject to change. Birthing Stone Doula makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Birthing Stone Doula disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
The information on this site is NOT MEDICAL ADVICE. Please seek attention of a medical professional for health related concerns.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to [insert your company name] will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the engagement of services and with details concerning service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATION POLICIES ARE FOUND IN YOUR CONTRACT
ALL SERVICES REQUIRE A 50% NONREFUNDABLE RETAINER.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Birthing Stone Doula, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service
Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, Birthing Stone Doula IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF Birthing Stone Doula HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Birthing Stone Doula’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM Birthing Stone Doula, AND IF NO PURCHASE HAS BEEN MADE BY YOU Birthing Stone Doula’S CUMULATIVE
LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Birthing Stone Doula. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Birthing Stone Doula pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Birthing Stone Doula shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Birthing Stone Doula.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Birthing Stone Doula, P.O BOX 1613, Hillsboro, OR97124
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Oregon as applied to contracts that are executed and performed entirely in Oregon. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Washington County, Oregon. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
The content on this site is informational only and does not constitute as medical advice. You must always consult your medical provider for advice about your health or the health of your child.