Terms and Conditions
Agreement between user and www.gatheredbirth.com
Welcome to www.gatheredbirth.com. The www.gatheredbirth.com website (the “Site”) is
comprised of various web pages operated by Gathered Birth LLC (“Gathered Birth”).
www.gatheredbirth.com is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein (the “Terms”). Your use of
www.gatheredbirth.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
www.gatheredbirth.com is a E-commerce Site
Offer classes and support services to expectant/current parents on topics such as childbirth
preparation, breastfeeding, newborn care, and parenting.
Privacy
Your use of www.gatheredbirth.com is subject to Gathered Birth’s Privacy Policy. Please review
our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.gatheredbirth.com or sending emails to Gathered Birth constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Gathered Birth does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use www.gatheredbirth.com only
with permission of a parent or guardian.
Cancellation/Refund Policy
Cash, personal check, all major credit/debit cards and Paypal are acceptable forms of payment.
Payment must be made in full upon registration, unless other arrangements have been made.
Returned checks will incur a $25 charge to cover associated fees. Cancelation more than 2 weeks
prior to the first class date will result in full refund minus $10 administration fee. Cancelation from 2
weeks to 48 hours prior to the start of the first class will result in 50% refund minus $10
administration fee. No refund offered with cancellation less than 48 hours in advance. If there is
room in a another class you may request to reschedule however there are no guarantees that these
requests can be accommodated. Any class missed without notifying Gathered Birth prior to the
start of class will not be eligible for a refund or reschedule. If you must miss a class during a
childbirth preparation series, we will try to place you in a make-up class pending availability,
though we cannot guarantee you a spot. No refunds will be offered in this case. If you are unable
to complete a class series due to delivery prior to 36 weeks gestation (and you were scheduled to
complete the series prior to 36 weeks gestation), or due to bed rest or other serious illness, the
remaining classes will be pro-rated and transferred to credits to be applied to other
classes/services at Gathered Birth, with a note from your medical provider. These credits must be
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used within 1 year of the original purchase date. A class may be cancelled due to low enrollment.
Every effort will be made to help you find a suitable replacement class. In the event of class
cancellation, if no arrangement can be made, you will receive a full refund. In the event of class
cancellation due to inclement weather, every effort will be made to place you in a make-up class. If
no arrangement can be made, you will receive a credit to be applied toward other classes/services
at Gathered Birth. These credits must be used within 1 year of the original purchase date.
Workshops and events require 3 day cancellation notice to receive a refund. If Gathered Birth cancels the event, you will be refunded the total cost.
Links to third party sites/Third party services
www.gatheredbirth.com may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of Gathered Birth and Gathered Birth is not responsible for the contents of
any Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Gathered Birth is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Gathered Birth of the site or any
association with its operators.
Certain services made available via www.gatheredbirth.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.gatheredbirth.com domain, you hereby acknowledge and consent that Gathered Birth may
share such information and data with any third party with whom Gathered Birth has a contractual
relationship to provide the requested product, service or functionality on behalf of
www.gatheredbirth.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.gatheredbirth.com strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to Gathered Birth that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Gathered Birth or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Gathered Birth content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Gathered Birth and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
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to the intellectual property of Gathered Birth or our licensors except as expressly authorized by
these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, “Communication
Services”), you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded, restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
Gathered Birth has no obligation to monitor the Communication Services. However, Gathered
Birth reserves the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. Gathered Birth reserves the right to terminate your access to any or
all of the Communication Services at any time without notice for any reason whatsoever.
Gathered Birth reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Gathered Birth’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Gathered Birth does not control or endorse the content,
messages or information found in any Communication Service and, therefore, Gathered Birth
specifically disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and hosts are not
authorized Gathered Birth spokespersons, and their views do not necessarily reflect those of
Gathered Birth.
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Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials provided to www.gatheredbirth.com or posted on any Gathered Birth web page
Gathered Birth does not claim ownership of the materials you provide to www.gatheredbirth.com
(including feedback and suggestions) or post, upload, input or submit to any Gathered Birth Site or
our associated services (collectively “Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Gathered Birth, our affiliated companies
and necessary sublicensees permission to use your Submission in connection with the operation of
their Internet businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Gathered Birth is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in Gathered Birth’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
Third Party Accounts
You will be able to connect your Gathered Birth account to third party accounts. By connecting
your Gathered Birth account to your third party account, you acknowledge and agree that you are
consenting to the continuous release of information about you to others (in accordance with your
privacy settings on those third party sites). If you do not want information about you to be shared
in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Gathered Birth from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Gathered Birth Content
accessed through www.gatheredbirth.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Gathered Birth, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Gathered Birth reserves the right, at its own cost, to assume the exclusive defense and control of
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any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
Gathered Birth in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. GATHERED BIRTH LLC AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GATHERED BIRTH LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
GATHERED BIRTH LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL GATHERED BIRTH LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
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LIABILITY OR OTHERWISE, EVEN IF GATHERED BIRTH LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Gathered Birth reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Pennsylvania and you
hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Gathered Birth as a result of this agreement or use of the Site. Gathered Birth’s
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Gathered Birth’s right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the Site or information provided
to or gathered by Gathered Birth with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Gathered Birth with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Gathered
Birth with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Gathered Birth reserves the right, in its sole discretion, to change the Terms under which
www.gatheredbirth.com is offered. The most current version of the Terms will supersede all
previous versions. Gathered Birth encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Gathered Birth welcomes your questions or comments regarding the Terms:
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Gathered Birth LLC
20 South Olive Street, Suite 300a
Media, Pennsylvania 19063
Email Address:
diana@gatheredbirth.com
Telephone number:
610-627-0782
Effective as of March 16, 2016
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