Terms of Service, End User, Disclaimer

Terms and Conditions

Last updated: February 9, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the birthwithspirit.com website and birthwithspirit.com mobile application (the "Service") operated by April Kline MSM CPM LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, phone number, email address, and credit card information.

For further information about purchasing through our Service, please refer to our Privacy Policy.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the information you share and, while we do our best to moderate the content, you agree to hold us not accountable for any comments from others pertaining to your content, any issues relating to comments or content you share including, but not exclusively any copyright infringements you may commit. You also understand that you must never diagnose, prescribe or offer any medical advice through our Service.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by April Kline MSM CPM LLC.

April Kline MSM CPM LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that April Kline MSM CPM LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

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. What constitutes a material change will be determined at our sole discretion.

If you have any questions about these Terms, please contact us via email at birthwithspirit@gmail.com.

End User License Agreement, End User Agreement and Disclaimer

PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT AND END USER AGREEMENT (“LICENSE”) CAREFULLY.

THIS LICENSE IS A LEGAL AGREEMENT BETWEEN YOU AND APRIL KLINE MSM CPM LLC (Doing business as “BIRTH WITH SPIRIT”, “BWS,” “WE” OR “US”). BY ACCESSING AND USING THE WEBSITE AND/OR PURCHASING OR VIEWING ANY OF THE CONTENT THERON (“the “SERVICES”), YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PLEASE DO NOT ACCESS, INSTALL OR USE THE WEBSITE OR OUR SERVICES.

1. Acknowledgement

BWS and you acknowledge that this License is entered into by and between BWS and you and not with any other party. BWS is solely responsible for the website and any content contained therein.

2. License Grant.

BWS hereby grants to you, subject to the terms and conditions of this License, a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the content on this website for your personal use on a device that you own or control, subject to the limitations set forth below. This License does not permit you to copy or distribute any of the content on the website. All rights not expressly granted herein are reserved by BWS.

3. Terms of Service.

(a) You agree that: (i) you will not use the website if you are not fully able and legally competent to agree to the terms of this License; (ii) you will only use the website for lawful purposes; you will not use the website or the content for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (iii) you will not copy, or distribute the website or its contents or other content without written permission from the BWS.

(b) You understand that by using the App or any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the App and the Services at your sole risk and that BWS shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

4. Fees

Any fees that BWS may charge you to access any content are due immediately. When you initiate a transaction via the website, BWS’s third party payment processor will authorize your credit or debit card for the amount of any fees. BWS may change the fees for the content in our sole discretion.

5. License Limitations

You agree to protect the content, information and other materials, from any unauthorized access or use, and you agree that you will not use the website, the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by BWS. You agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify or otherwise exploit the content or the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (b) use the website or the Services in any service bureau arrangement; (c) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the content or the Services, any updates, or any part thereof in any form or manner or by any means; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c).

You understand and agree that you are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the website, content, or the Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the website, any updates, or any part thereof; (y) use any means to discover the source code of the website; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the website, content, or the Services. Any attempt to do any of the foregoing is a violation of the rights of BWS and its licensors. If you breach these restrictions, you may be subject to prosecution and damages.

6. Disclaimer of Warranties & Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE OR THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CONTENT, AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BWS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF) AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BWS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL BIRTH WITH SPIRIT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR THE EDUCATIONAL SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS LICENSE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE WEBSITE, THE SERVICES OR THIS LICENSE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF BWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE DELIVERY, USE OR PERFORMANCE OF THE WEBSITE, CONTENT, OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. In no event shall BWS’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You agree that the above limitations of liability together with the other provisions in this License that limit liability are essential terms of this License and that BWS would not be willing to grant you the rights set forth in this License but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce BWS to grant you the rights set forth in this License.

7. Health Disclaimer. All information and tools presented within this website and its Content are intended for educational purposes only. Any health, diet or exercise advice is not intended as medical diagnosis or treatment for either you or anyone with whom you share any information you have learned from BWS. If you think you have any type of medical condition you must seek professional advice even if you believe it may be due to diet, food or exercise. BWS and www.birthwithspirit.com are not medical professionals and therefore none of its staff will give any diagnosis or medical advice. By taking part in any BWS programs, trainings, workshops, classes, etc., you agree to our terms. BWS was established to provide good, practical information to help healthy adults in achieving their health, pregnancy, birth and postpartum goals. The information provided by BWS is not intended for people under 18 years, underweight individuals or people with eating disorders or any health condition that requires a special diet. We do not guarantee the accuracy of information presented herein or in any BWS training, workshop, class or program. It is advised that all visitors check information provided within this program with a professional source. YOU SHOULD ALWAYS CONSULT A QUALIFIED MEDICAL PROFESSIONAL BEFORE USING ANY DIETARY, EXERCISE OR HEALTH ADVICE FROM THIS PROGRAM.

We urge all our visitors and trainers to seek medical/professional advice before working with clients. We also urge all visitors and trainees to encourage their clients to seek medical/professional advice regarding any information they share with their clients.

All information contained within this website is the property of BWS and is not to be used without written authorization from the owner. All product names and trademarks mentioned in any part of the website belong to their respective owners. The information on this page may NOT be accurate, therefore you should NOT take any of the content as a source of reference for any reason whatsoever! You are responsible for comparing the information with an accurate source before using any, or part of this content.

8. Miscellaneous

This License may not be modified except by a writing executed by the duly authorized representatives of BIRTH WITH SPIRIT. No other act, document, usage or custom will be deemed to modify or amend this License. This License will inure to the benefit of and will be binding upon each party’s successors and assigns. This License and the licenses granted hereunder may be assigned by BIRTH WITH SPIRIT but may not be assigned by you without the prior express written consent of BIRTH WITH SPIRIT. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in this License will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this License due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the License but are for convenience only. You and BIRTH WITH SPIRIT agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of this License. The laws of the State of Ohio, excluding its conflicts of law rules, govern this License and your use of the website and the Services. Your use of the website or the Services may also be subject to other local, state, national, or international laws. This License sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

If you have any questions about these Terms, please contact us via email at birthwithspirit@gmail.com.