Terms of Service

This Web site is provided by Born Together, LLC, d/b/a Born Together, an Oregon limited liability company with a principal place of business located at 1135 SE Spokane, Portland, Oregon 97202.

SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND

1.1. Definitions.

References to “Dispute” mean any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.

References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these Terms because of that breach.

References to the “Products” mean any and all postpartum support products and services offered for sale by us.

References to the “Terms” and/or “Agreement,” mean this, these Terms of Service as set forth herein. 

References to “us,” “we,” “our,” and/or “Born Together,” mean Born Together, LLC, d/b/a Born Together.

References to the “Web site” mean the Web site bearing the URL www.weareborntogether.com as well as any other site or social media page operated by us.

References to “you,” and/or “User,” mean the user of the Web site and/or the purchaser and/or user of our Products.

 

1.2. Agreement to be Bound.

The following Terms of Service, together with the relevant information set out on this Web site, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials are subject to the Terms of Service set forth below. Please read them carefully as any of use of this Web site constitutes an agreement, without acceptance, to be bound thereby by the User. By using the Web site you represent that you are at least eighteen (18) years old, have read and understand the Terms of Service, and that you agree to be bound by these Terms of Service as set forth below.

These Terms of Service are subject to the Privacy Policy, which also governs your use of the Web site. 

SECTION II: GENERAL PROVISIONS

2.1. Accuracy, Completeness and Timeliness of Information.

We are not responsible if information made available on the Web site is not accurate, complete or current. You acknowledge that the Web site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge further that any reliance on the Web site is at your own risk.

 

2.2. Errors in Web Site.

We do not warrant that any errors in the Web site will be corrected. 

 

2.3. Modifications and Changes to Terms of Service.

We may modify, add to, suspend or delete these Terms of Service or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site. Your use of the Web site after modification, addition or deletion of these Terms of Service shall be deemed to constitute acceptance by you of the modification, addition or deletion. 

 

2.4. Modifications and Changes to the Web Site, Products Offered.

We may modify, add to, suspend, or delete any aspect of this Web site or any Products offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use. 

 

2.5. Access to Web site.

Though we try to make the Web site available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Web site will be at all times available. 

We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Web site.

 

2.6. Right of Refusal, Limitation, Discontinuation, and Termination.

We reserve the right to refuse to provide access to the Web site or sale of any Product any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel a User Account for any reason whatsoever. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination. 

 

2.7. Prohibited Uses of Web site.

In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Web site: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Web site; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web site; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web site. We reserve the right to terminate your use of the Web site for violating any of the prohibited uses or for any other reason in our sole and exclusive decision. 

 

2.8. Customer Support.

Customer support may be reached via post or email at support@weareborntogether.com between the hours of 9 a.m. – 5 p.m. PST/PDT, Monday through Friday. We strive to return all requests for support within forty-eight (48) business hours.

 

2.9. Not a Replacement for Medical Advice.

The Services are provided as self-help, motivation, personal-improvement, and educational tools. They are not intended to be a replacement for professional, licensed medical advice, and we do not represent or warrant that we have any medical training, education, or certificates. Specifically, the Services should not be relied upon or used as the sole basis for making decisions regarding health, finances, law, real estate, insurance, or any other specialized area without consulting primary, more accurate, more complete or more timely sources of information. Participation in and reliance upon the Services shall be at the User’s own risk.

 

SECTION III: ACCOUNTS, USE OF THE WEB SITE


3.1. Online Accounts.

Users may be given the opportunity to register via an online registration form to create a User account, (hereinafter your “Account,”) that will allow you to receive information from us and/or to participate in certain features of the Web site. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service. Accounts may be cancelled at any time via the Account settings.

 

3.2. Transfer Prohibited.

You agree you shall not sell, trade or transfer that Account to any other person or entity. 

 

3.3. Account Guidelines.

The Site and our Products may contain the ability for Users to interact with each other via live meetups, instant messaging, texts, conference calls, or through interaction on social media (“Interactive Area.”) By participating in an Interactive Area, all Users agree and acknowledge that they:

Shall not upload, distribute or otherwise publish to the Site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and

Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam”; and

Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Interactive Area and use of the Site; and

Shall not personally attack another User. Personal attacks are a direct violation of these Terms and Conditions and are grounds for immediate and permanent suspension of access to all or part of the Interactive Area and use of the Site; and

Shall not use the Interactive Area to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except for the sale of goods in the scope envisioned by the express purpose of the Site; and

Shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability; and

Shall not post unauthorized commercial communications (such as spam); and 

Shall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and

Shall not upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and

Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and

Shall not interfere with any other User’s right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Area or posting private information about a third-party; and

Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and

Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and

Shall not interfere with or disrupt the Site and/or the Interactive Area or the servers or networks connected to the same, or disobey any requirements, procedures, policies or regulations of networks connected to the Site and/or the Interactive Area; and 

Shall not facilitate or encourage any violations of these Terms and Conditions or our policies.

Users agree further and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them. 

 

3.4. Rights in Submissions.

Should you submit, display, publish or otherwise post any content to an Interactive Area, (hereinafter “Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any Third Party. 

You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. 

 

3.5. Right to Monitor. 

We shall have the right to monitor your Account in our sole and exclusive discretion.

 

3.6. Cancellation.

To cancel your Account, please contact us at support@weareborntogether.com.

 

SECTION IV: PRODUCT SALES; TERMS OF SALE

4.1. Sale Prices.

The prices and the terms of payment for Products are displayed at all times on the Web site, including at the point of purchase and may be paid monthly, quarterly, or annually as decided by the User. The prices quoted on the Web site for the Products do not include sales taxes, if applicable, which will be added to the final purchase price after the purchaser enters his or her details. 

 

4.2. Payment Method.

Purchases for such Products may be made using a variety of payment methods as set out at the time of checkout and shall be processed immediately. Our payment processor is Stripe. Payments shall be automatically charged against the payment method provided by the User upon Account set-up pursuant to the selected billing frequency, until cancelled by the User.

 

4.3. Refunds.

Except where prohibited by law, all sales are subject to a 100% no questions asked refund policy during the first forty-eight (48) hours following the date of purchase. To request the same, please contact us at support@weareborntogether.com

 

SECTION V: INTELLECTUAL PROPERTY; PRIVACY

5.1. Intellectual Property Rights Not Waived.

This is an Agreement for access to and use of the Web site, and you are not granted a license to any software or intellectual property by these Terms of Service. The Web site is protected by U.S. and, where applicable, international intellectual property laws. The Web site belongs to us and are the property of us or our licensors (if any). We retain all ownership rights in the Web site. 

Furthermore, all material displayed or transmitted on this Web site, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, (hereinafter “Materials,”) are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.

Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Web site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials. 

You may make a single print copy of any Materials provided by us on this Web site for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on this Web site without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to support@weareborntogether.com.

You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Web site in accordance with these Terms of Service. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms of Service specified in this Agreement. We reserve any rights not expressly granted under these Terms of Service.

 

5.2. Feedback.

You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any Third Party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User’s personal use. 

Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to Born Together or its initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by Third Parties, or independently-developed or considered by us, shall be without obligation to you.

 

SECTION VI: Third-Party Advertisements, Promotions, and Links

6.1. Third Party Advertisements and Promotions.


We may, from time to time, run advertisements and promotions from Third Parties on the Web site. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party advertisers on the Web site.

6.2. Use of Third-Party Tools.

We may provide you with access to Third-Party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party tools.

Any use by you of optional tools offered through the Web site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant Third-Party provider(s).

We may also, in the future, offer new services and/or features through the Web site, including but not limited to the release of new tools. Such new features and/or services shall also be subject to these Terms of Service.

6.3. Third-Party Links.


Certain content, products and services available via our Web site may include materials from Third-Parties.

Third-Party links on the Web site may direct you to Third-Party Web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any Third-Party materials or Web sites, or for any other materials, products, or services of Third-Parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party with whom you connect via the Web site. Please review carefully the Third-Party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party products should be directed to the Third-Party.

 

SECTION VII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION

7.1. Disclaimer of Warranty; Limitation of Liability.

(A) YOU AGREE THAT USE OF THE WEB SITE AND ANY PRODUCT IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE use of the Web site SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR ANY PRODUCT OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.

(B) ANY INFORMATION PROVIDED VIA THE WEB SITE OR TOGETHER WITH ANY PRODUCT, DOWNLOADABLE SOFTWARE, PRODUCTS OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. 

(C) IN NO EVENT SHALL WE or our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, personal injury or death, property damage, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE OR ANY PRODUCT.

(D) to the maximum extent permitted by law, WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY utilizing THE WEB SITE OR PURCHASING A PRODUCT YOU ACKNOWLEDGE AND AGREe TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE WEB SITE.

(e) OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

The above limitations shall survive these Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.

7.2. INDEMNIFICATION.

You agree to defend, indemnify and hold us harmless, as well as our AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PAENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS from and against all claims, SUITS, and expenses, including attorneys’ fees, arising out of OR RELATED TO (a) YOUR USE OF THE WEB SITE OR ANY PRODUCT; (B) your noncompliance with or breach of this Agreement; (C) your use of third-Party SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; or (E) the unauthorized use of the Web site OR PURCHASE OF A PRODUCT by any other person using your information.

 

SECTION VIII: GOVERNING LAW; ARBITRATION

8.1. Governing Law.


These Terms of Service shall be governed and construed in accordance with the laws of the state of Oregon without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Multnomah County, Oregon, and any cause of action that relates to or arises from these Terms of Service and/or the Web site must be filed therein unless subject to the binding arbitration provisions of Section 8.2, infra.

8.2. Arbitration.


The Parties agree that any dispute concerning, relating, or referring to these Terms and/or the Web site shall be resolved exclusively by binding arbitration in accordance with the substantive laws of the state of Oregon and shall be brought for arbitration in Multnomah County, Oregon. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.

 

SECTION IX: MISCELLANEOUS

9.1. Affiliate Disclosure.

We may have an affiliate relationship with Third-Parties and affiliates to whose products we link and promote through the Web site. Because of this relationship we may earn a commission on products purchased by a User from a Third-Party affiliate.

 

9.2. Different and Conflicting Terms.

We reserve the right, but assume no obligation, to agree to different or conflicting Terms of Service with respect to any User. Any such Terms of Service will not be enforceable unless specifically agreed to by us.

 

9.3. Authority. 

Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.

 

9.4. Waiver. 

Any waiver of a right under these Terms of Service shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

 

9.5. Force Majeure. 

We shall not be bound to meet any obligation if prevented from doing so as a consequence of Acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.

 

9.6. Assignment. 

We shall have the right to assign and/or transfer these Terms of Service and our rights and obligations hereunder to any Third Party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms of Service without our prior written consent in our sole and exclusive discretion.

 

9.7. Rights of Third Parties. 

These Terms do not give any right to any Third Party unless explicitly stated herein.

 

9.8. Relationship of the Parties. 

The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party. 

 

9.9. Severability.

If any part of this Agreement is determined to be invalid or unenforceable by applicable law, 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 this Agreement will continue in effect.

 

9.10. Additional Services, Contests.

We reserve the right, in our sole discretion and from time to time, to offer contests, programs, products or services with unique Terms of Service that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the Terms of Service of such contest, program, product or service.

 

9.11. Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to Born Together, located at 1135 SE Spokane, Portland, Oregon 97202, and, in the case of any User, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after such email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three days after the date of mailing.

 

9.12. Updates & Effective Date.

The effective date of these Terms is this 3rd day of May, 2019. From time to time, we may update these Terms of Service by prominently posting a notice of update to the Web site and contacting you at the email you provided upon registration, if applicable, so we encourage you to review them often.

 

PRIVACY POLICY FOR BORN TOGETHER, LLC

We at Born Together are committed to protecting your privacy. This Privacy Policy explains our data processing practices and your options regarding the ways in which your personal data is used and is provided by Born Together, LLC, d/b/a Born Together, an Oregon foundation company with a principal place of business located at 1135 SE Spokane, Portland, Oregon 97202. If you have requests concerning your personal information or any questions please contact us support@weareborntogether.com.

If you have objections to the Privacy Policy, you should immediately discontinue use of the Web site offered by us.

 

Definitions

References to the “Products” mean any and all postpartum support products and services offered for sale by us.

For purposes of this Privacy Policy references to “us,” “we,” “our,” and/or “Born Together” mean Born Together, LLC, d/b/a Born Together.

 

References to the “Web site” mean the Web site bearing the URL www.weareborntogether.com as well as any other site or social media page operated by us.

 

References to “you,” and/or “User,” mean the user of the Web site and/or the purchaser and/or user of our Products.

Agreement to be Bound

 

The following Privacy Policy governs the collection and use of private information via the Web site. By accessing the Web site you represent that you have read and understand the Privacy Policy and that you agree to be bound by thereby.

 

This Privacy Policy may be additionally subject to our Terms of Service.

Modifications and Changes to Privacy Policy

We may modify, add to, suspend, or delete the Privacy Policy, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being effective thirty (30) calendar days following their posting to the Web and emailing a notice to registered Users. Your access of the Web site and/or purchase or use of our Products, after modification, addition or deletion of the Privacy Policy shall be deemed to constitute acceptance by you of the modification, addition or deletion. 

The Information We Collect

We collect both personally-identifiable information or personal data and non-personally-identifiable information from you. Often, you choose what information to provide to us, but, sometimes, we may require certain information for you to use and for us to provide the Products. Specifically, we collect the following: 

 

Registration & Account Set Up collected via the Web site. In order to register you as a User, facilitate the use of our Products, or process your transaction we will collect personal data, which may include your full name; home address; phone number; email address; user name and password; mother’s maiden name or other security question answer; location-tracking information; and general pregnancy-related information. 

Health Information. Though we do not purposefully collect any sensitive health information, we cannot guarantee the confidentiality or security of any information you may share in a forum or via a group conference call.

Financial Information. We do not collect or store personal financial information; however, should a User choose to purchase any of our Products, financial transactions may be subject to the privacy policy of our third-party payment processors, including Stripe (https://stripe.com/privacy-center/legal).

 

Analytics Information: We use data analytics to ensure site functionality and improve the Products and our Web site. In order to do the same, we may collect general demographic information as well as the type of device you used to access the Web site and the date and time of your visit to the Web site. We do not link the information we store within the analytics software to any personally identifiable information that you submit. Our analytics are provided by SquareSpace and Memberspace.

Use of Your Information and Your Preferences

We may use your personally-identifiable information to process transactions; to provide and improve customer service administration; to personalize your User experience; to contact Users via e-mail or telephone; to respond to inquiries, and/or other requests or questions; to send company news, updates and other related info via our mailing list; and to facilitate registration for and use of our Products.

We may use your non-personally identifiable information to personalize your User experience; to improve customer service; to process transactions; to administer a contest, promotion, survey or other feature; to contact Users via email in order to send them information and updates pertaining to their orders; to respond to inquiries; and to send company news, updates and other related information.

Sharing Information with Third Parties

 

Born Together does not sell, rent or lease its customer lists to third parties. Born Together does shall your data with those third-parties who may be necessary to provide the Products and process your data, such as Stripe, our payment processor; SquareSpace, our Web host; Memberspace our membership account host; and Zoom, our conferencing host.

 

Born Together may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Born Together or the site; (b) protect and defend the rights or property of Born Together; and/or (c) act under exigent circumstances to protect the personal safety of users of Born Together, or the public.

 

Use of Cookies

The Born Together Web site may use “cookies” and other personalized advertising to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

 

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you purchase Products, a cookie helps Born Together to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Born Together website, the information you previously provided can be retrieved, so you can easily use the Born Together features that you customized.

Except for functional or session cookies, which are required for the operation of the Web site, you have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Born Together Products or websites you visit.

 

Security of your Personal Information

 Born Together secures your personal information from unauthorized access, use, or disclosure by restricting the same to management-only access.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. Please note that non-encrypted communication using email is not secure. Thus, we cannot guarantee data security in email communication and, therefore, recommend using physical mail for confidential information.

International Transfer

We operate globally so it is necessary to transfer your information internationally. In particular, your information will likely be transferred to and processed via servers located the United States. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. 

To the extent that, you are a resident of the EEA, Born Together is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal bases to transfer your information:  

 

Necessary for the performance of the contract. Born Together provides a voluntary service; you can choose whether or not you want to purchase or utilize the Products. However, if you want to purchase Products, you need to agree to our Terms of Service, which set out the contract between Born Together and its customers. As we operate in countries worldwide and may use technical infrastructure in a jurisdiction outside of your own to deliver the Products to you, in accordance with the contract between us, we need to transfer your personal information to the United States as necessary to provide the Products. Simply put, we cannot provide you with the Products and perform our contract with you without moving your personal information around the world.  

Children Under Thirteen; Notice to Minors

 

Born Together does not knowingly collect personally identifiable information from children under the age of thirteen. If we discover that a child under thirteen has provided us with personally-identifiable information, we will delete that child’s personally-identifiable information from our records. You are responsible for any and all account activity conducted by a minor under your account. 

 

In addition to protecting the privacy of children under age thirteen we are committed to protect the privacy of minors. Though neither our Web site nor our Products is not targeted to minors nor are they intended to be used by minors, if, for any reason a minor has shared information via our Web site and/or Products said minor may request and obtain removal of such information by contacting us at support@weareborntogether.com. Although we offer deletion capability, you should be aware that the removal of content may not ensure complete or comprehensive removal of that content or information provided.

Do Not Track Disclosure

 

Please note that while you may have the opportunity to opt-out of targeted advertising as discussed in the “How to Opt-Out” section above, and you may be able to control the use of cookies through your Web browser as described in the “Use of Cookies” section below, some Web browsers may also give you the ability to enable a “do not track” setting. This setting sends a special signal to the Web sites you encounter while Web browsing. This “do not track” signal is different from disabling certain forms of tracking by declining cookies in your browser settings, as browsers with the “do not track” setting enabled still have the ability to accept cookies. We do not respond to Web browser “do not track” signals at this time. If we do so in the future, we will describe how we do so in this Privacy Policy. For more information about “do not track,” visit http://www.allaboutdnt.org/.

 

Retention

Born Together will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Born Together account), as described in this policy, or as needed to provide the Products to you. If you no longer want Born Together to use your information to provide the Products to you, you may close your account. Born Together will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

E-mail and Text Communications; How to Opt-Out

 

From time to time, Born Together may contact you via email or text for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Products, we may receive a notification when you open an email from Born Together or click on a link therein.

 

Please note that or marketing and promotional communications are opt-out. If you would like to stop receiving marketing or promotional communications via email from Born Together, you may opt out of such communications by clicking on the UNSUBSCRIBE link. You may opt out of text communication by responding “STOP” to texts from Born Together.

 

Email marketing campaigns published by us may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include but shall not be limited to: the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity. This information is used to refine future email campaigns and supply the User with more relevant content based around their activity.

 

Your Rights

You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so via your account settings or by contacting us. Upon request, Born Together will provide you with information about whether we hold any of your personal information.  By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format. If you need further assistance, you can contact Born Together through one of the channels listed below under “Contact Information.” We will respond to your request within a reasonable timeframe.

 

If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.

 

Withdrawing Consent

Where you have provided your consent, you have the right to withdraw your consent to our processing of your information. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications or by changing your account settings. You can choose to withdraw your consent to our processing of your information at any time by closing your account and then emailing support@weareborntogether.com to request that your personal information be deleted, except for information that we are required to retain. This deletion is permanent, and your account cannot be reinstated.

Contact Information

 

Born Together welcomes your questions or comments regarding this Privacy Policy. If you believe that Born Together has not adhered to this Privacy Policy, please contact Born Together at: 

Address: 1135 SE Spokane, Portland, Oregon 97202

 

Email Address:  support@weareborntogether.com

Phone: +1 (503) 683-7374

If you live in the EEA, you may also file a complaint with your local data protection regulator.