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Terms of Service

Last Updated: January 1, 2024

1. Agreement to Terms

By accessing or using BirthPlan.net ("the Website," "our Website," "the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. We reserve the right to update and change these Terms of Service at any time without notice. Continued use of the Website after any such changes shall constitute your consent to such changes.

1.1 Acceptance of Terms

Your use of BirthPlan.net constitutes acceptance of these Terms of Service. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site.

1.2 Eligibility

You must be at least 18 years old to use this Service. By using this Service and agreeing to these Terms, you represent and warrant that you are at least 18 years of age.

2. Medical Disclaimer

Important: BirthPlan.net provides educational information and tools for pregnancy and birth planning purposes only. The information on this Website is NOT medical advice and should not be used as a substitute for professional medical advice, diagnosis, or treatment.

2.1 Not Medical Advice

The content on BirthPlan.net, including but not limited to text, graphics, images, tools, calculators, and other material, is for informational and educational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

2.2 Consult Healthcare Providers

Always seek the advice of your physician, midwife, or other qualified healthcare provider with any questions you may have regarding pregnancy, labor, delivery, or any medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

2.3 Emergency Situations

If you think you may have a medical emergency, call your doctor, midwife, or emergency services (911) immediately. BirthPlan.net is not responsible for any health problems that may result from information or tools found on this Website.

3. Use of Website and Tools

3.1 Permitted Use

You may use BirthPlan.net for lawful, personal, non-commercial purposes only. You agree to use the Website and its tools in accordance with all applicable laws and regulations.

3.2 Interactive Tools

Our Website provides various interactive tools including:

  • Birth Plan Generator
  • Contraction Timer
  • Hospital Bag Checklist
  • Due Date Calculator

These tools are provided for educational and planning purposes only. Results from these tools should be discussed with your healthcare provider and should not replace professional medical guidance.

3.3 Accuracy of Tools

While we strive to provide accurate calculations and information, we make no warranties about the accuracy, reliability, or completeness of any tool results. Due dates, contraction patterns, and other calculations are estimates only.

3.4 User-Generated Content

When you create a birth plan or use our tools, any information you input remains your property. We do not store, share, or access your personal birth planning information unless you explicitly choose to share it through our contact forms or other communication methods.

4. Intellectual Property Rights

4.1 Website Content

The Service and its original content, features, and functionality are and will remain the exclusive property of BirthPlan.net and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

4.2 User Rights

You retain ownership of any birth plans or information you create using our tools. You grant us no rights to this information except as necessary to provide the Service to you.

4.3 Restrictions

You may not:

  • Modify, copy, or distribute the Website's content for commercial purposes
  • Use the Website's content to create derivative works
  • Reverse engineer or attempt to extract the source code of any part of the Service
  • Remove any copyright or proprietary notices from the Website
  • Use automated systems or software to extract data from the Website (scraping)

5. Privacy and Data Protection

5.1 Privacy Policy

Your use of BirthPlan.net is also governed by our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and protect your information.

5.2 Cookies

We use cookies and similar tracking technologies to track activity on our Service and store certain information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.

5.3 Local Storage

Some of our tools use your browser's local storage to save your progress and preferences. This information is stored only on your device and is not transmitted to our servers unless you explicitly choose to share it.

6. Third-Party Links and Services

6.1 External Links

Our Website may contain links to third-party websites or services that are not owned or controlled by BirthPlan.net. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

6.2 Advertising

We may display third-party advertisements on our Website, including Google AdSense. These advertisers may use cookies and similar technologies. We encourage you to review the privacy policies of these third-party ad servers for more information about their practices.

6.3 No Endorsement

Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by BirthPlan.net.

7. Disclaimers and Limitations of Liability

7.1 "As Is" Basis

The information on this Website is provided on an "as is" basis. To the fullest extent permitted by law, BirthPlan.net:

  • Excludes all representations and warranties relating to this Website and its contents
  • Excludes all liability for damages arising out of or in connection with your use of this Website

7.2 No Warranties

BirthPlan.net makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation:

  • Implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement
  • That the Website will function uninterrupted, secure, or available at any particular time or location
  • That any errors or defects will be corrected
  • That the results of using the Service will meet your requirements

7.3 Limitation of Liability

In no event shall BirthPlan.net, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Website.

8. Indemnification

You agree to defend, indemnify, and hold harmless BirthPlan.net and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) resulting from or arising out of:

  • Your use and access of the Service
  • Your violation of any term of these Terms of Service
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your use of the Service caused damage to a third party

9. User Conduct

9.1 Prohibited Uses

You may not use the Website:

  • For any unlawful purpose or to solicit others to perform unlawful acts
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code
  • To collect or track the personal information of others
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • To interfere with or circumvent the security features of the Service

9.2 Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

10.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in California, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

10.3 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

12. Contact Information

If you have any questions about these Terms of Service, please contact us:

  • By email: legal@birthplan.net
  • By visiting our Contact page
  • By mail: BirthPlan.net Legal Department, [Address]

13. Accessibility

BirthPlan.net is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards (WCAG 2.1 Level AA).

If you encounter any accessibility barriers on our Website, please contact us so we can address the issue promptly.

14. Children's Privacy

Our Service does not address anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and BirthPlan.net concerning the use of the Website and Service.

Thank you for reading our Terms of Service. By using BirthPlan.net, you acknowledge that you have read, understood, and agree to be bound by these terms.

For more information about how we collect and use your data, please read our Privacy Policy.

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