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Gathered Birth

Childbirth education and parenting support in Media, PA

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Terms and Conditions

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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