Wildwood Birth Education LLC

TERMS AND CONDITIONS FOR THE SALE OF ONLINE CHILDBIRTH EDUCATION COURSES AND OTHER PRODUCTS

 

Effective as of December 30, 2022: 

1. Thank you for your purchase of a subscription to online childbirth education courses and other products and services (“Products”) from Wildwood Birth Education LLC (“Wildwood Birth” or “we”). We are honored you have chosen us to participate on your childbirth journey. We have updated these Terms and Conditions for the Sale of Online Childbirth Education Courses (“Terms”) effective as of the date above. These Terms are an agreement between you and Wildwood Education, and contain important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. PLEASE READ THESE TERMS CAREFULLY.

 

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

BY PLACING AN ORDER FOR PRODUCTS FROM www.wildwoodbirth.com and/or www.classes.wildwoodbirth.com (“SITE”), YOU ACCEPT AND ARE BOUND BY THESE TERMS.

 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS SITE IF YOU:

(A) DO NOT AGREE TO THESE TERMS, 

(B) ARE NOT THE OLDER OF 

(i)    AT LEAST 18 YEARS OF AGE, OR 

(ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH WILDWOOD BIRTH EDUCATION LLC OR 

(C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS OR PRODUCTS BY APPLICABLE LAW.

These Terms apply to the purchase and sale of Products through the Site. We may change or update these Terms without prior written notice at any time, at our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or service that is available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Terms and Conditions for Use of Website that apply generally to the use of this Site, available here. You should also carefully review our Privacy Policy, available here before placing an order for products or services through this Site (see Section 10).

2.  Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Wildwood Education and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing us at [email protected].
3.   Prices and Payment Terms.

    (a)  All prices for the Products are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

    (b) Terms of payment are within our sole discretion and we must receive payment before our acceptance of an order. You will be required to provide Wildwood Education’s third-party payment provider with information regarding your credit card or other payment instrument.  You represent and warrant that 

(i) the credit card or other payment information you supply to us is true, correct, and complete, 

(ii) you are duly authorized to use such credit card or information for the purchase, 

(iii) charges incurred by you will be honored by your credit card company or other payment provider, and

 (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4.  Delivery of Products and Services to You. To obtain access to the Products, you will be asked to register an online account with a username, password, or any other piece of information as part of our security procedures.  We will provide you with access to the Products through your online account.  You agree that all information you provide to us is correct, current and complete, and is governed by our Privacy Policy found here. You consent to all actions we take with respect to your information consistent with our Privacy Policy. You must treat your username, password and other security information as confidential and not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree to not provide any other person with access to the Products or portions of them using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason if, in our opinion, you have violated any provision of these Terms.   

We will not be liable if, for any reason, all or part of the Site is unavailable at any time or for any period and you are not able to access the Products.

5.  Refund Policy. Purchases are eligible for a full refund of the amount paid if and only if all of the following conditions are met: (a) the refund request must be sent to [email protected] within 14 days of purchase; (b) the requester must agree to a 10 minute interview with WBE or its agents or representatives explaining why the refund was requested. Wildwood Birth will have 30 days after the day of the interview to refund the money. 
6.   Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that the Product and any files available for access or download from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, ITEMS OBTAINED THROUGH THE SITE, OR TO YOUR DOWNLOADING OF PRODUCT FROM THE SITE.

 

YOUR USE OF THE PRODUCTS IS AT YOUR OWN RISK. THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WILDWOOD EDUCATION NOR ANY PERSON ASSOCIATED WITH WILDWOOD EDUCATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PRODUCTS. 

 

WITHOUT LIMITING THE FOREGOING, NEITHER WILDWOOD EDUCATION, ITS MEMBERS NOR ANYONE ASSOCIATED WITH WILDWOOD EDUCATION REPRESENTS OR WARRANTS THAT:

 

1. a)  THE PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, 
2. b) THAT DEFECTS WILL BE CORRECTED, 
3. c) THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR 
4. d) THAT THE PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, WILDWOOD EDUCATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

7. ‌Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WILDWOOD EDUCATION, ITS MEMBERS AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OR AGENTS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO WILDWOOD EDUCATION FOR THE APPLICABLE PRODUCT OUT OF WHICH LIABILITY AROSE.

 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

8.  Products Not for Resale or Export. You represent and warrant that you are buying Products for your own personal use only, and not for resale or export. 

 

9.  Intellectual Property Use and Ownership. Wildwood Education owns all intellectual property rights in the Products. Wildwood Education hereby grants you a revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Products for the term of your subscription according to these Terms. You acknowledge and agree that:

 

    (a)  All uses of the terms “sell,” “sale,” “resell,” “resale,” “purchase,” “price” and the like mean the purchase or sale of a license to use the Products. Each Product marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the Terms.

 

    (b)  Wildwood Education, its successors and assigns, and third-party creators of content in the Products, will remain the sole and exclusive owners of all intellectual property rights the Products, including, but not limited to, all related copyrights, patents, and trademarks. You do not and will not have or acquire any ownership of the Products or any intellectual property rights relating to the Products.

 

(c) Wildwood Education developed the Products for your personal use.  You may not reproduce or sell the contents of the Products without Wildwood Education’s express written permission. You may not create any derivative works of the Products. 

 

(d)  You acknowledge and agree that (a) a breach or threatened breach of this Section would give rise to irreparable harm to Wildwood Education for which monetary damages would not be an adequate remedy. Thus, in the event of a breach or threatened breach of this Section, Wildwood Education will, in addition to any and all other rights and remedies that may be available, be entitled to equitable relief, including a temporary restraining order and an injunction, without any requirement to (i) post a bond or other security, or (ii) prove actual damages or that monetary damages will not afford an adequate remedy. 

 

10.  Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, [WEB SITE ADDRESS], governs the processing of all personal data collected from you in connection with your purchase of Products.

 

11.  Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

12.    E. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision that would cause the application of the laws of any jurisdiction other than those of the State of Oregon.

 

13.  Dispute Resolution and Binding Arbitration.

 

    (a)  Except as provided in subsection (c) below, YOU AND WILDWOOD EDUCATION AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

    (b) Except as provided in subsection (c) below, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be administered by the Arbitration Service of Portland (ASP) in accordance with the ASP Rules then in effect. (The ASP Rules are available at https://www.arbserve.com/.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

 

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WILDWOOD EDUCATION WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

 

(c)  You or we may elect to pursue a claim in small-claims court rather than arbitration if the claim is within the jurisdiction of small-claims court.

 

(d)  Venue for the resolution of any claim or dispute will be Multnomah County, Oregon. 

 

14.  Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

15.  No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Wildwood Education.

 

16.  No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

17.  Notices.

 

    (a)  To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

 

 

    (b)  To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to: [email protected]; or (ii) by personal delivery, overnight courier or registered or certified mail to Wildwood Birth Education LLC, 3015 NE 19th Ave, Portland, Oregon 97212. We may update the email or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

 

18.  Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

 

19.  Entire Agreement. Our order confirmation, these Terms, the Terms and Conditions for Use of Website and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

 

20.  Reliance on Information. The information presented in or through the Products is made available solely for general information and educational purposes. We encourage you to make your own health care and dietary decisions based upon your own research and in partnership with your medical provider. While we have made efforts to ensure that all information in the Products is accurate, we make no guarantees regarding accuracy or the results that you will see from using the information provided in Products. We do not warrant the accuracy, completeness, or usefulness of this information. We do not recommend or endorse any specific tests, physicians, products, opinions or other information that may be mentioned in the Products. Information opinions, advice, statements or other comments in Products should not be relied upon to determine dietary changes, medical diagnosis or courses of treatment, and are not to be construed as professional advice or medical advice. Any reliance you place on such information, opinions, advice, statements or other comments is strictly at your own risk. We disclaim all liability and responsibility arising from any use of or reliance placed on such materials by you or any other user of the Products, or by anyone who may be informed of any of their contents.

 

The Products include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Wildwood Education, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Wildwood Education. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

21.  Medical Information and Nutrition Disclaimers. The Products may contain information related to health, fitness, nutrition, or medicine. This information is not medical advice and should not be treated as medical advice and is not intended to replace medical advice. The Products are not intended to diagnose, prescribe or treat any disease, condition, illness or injury. Seek advice from a licensed professional before beginning any diet program, modifying your diet, or making any changes to your care, including following information available on the Products.  The information provided in Products is provided “as is” without any representations or warranties, express or implied. Do not rely on the information in Products as an alternative to advice from your medical provider. Do not delay in seeking medical advice, disregard me in Products. All medical information in the and Products is for informational purposes only.

 

We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the information available in the Products. The Food and Drug Administration has not evaluated the statements contained in any information in the Products. Individual results may vary.

 

21.  Changes to the Products. We may update the content on the Products from time to time, but its content is not necessarily complete or up-to-date. Any of the material in the Products may be out of date at any given time, and we are under no obligation to update such material.

22.  Links to the Site or Products. Links to other sites and resources in the Products are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked in the Products, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

22.  Geographic Restrictions. Wildwood Education, the owner of the Products, is based in the State of Oregon in the United States. We provide the Products for use only by persons located in the United States. We make no claims that the Products or any of their content is accessible or appropriate outside of the United States. Access to the Products may not be legal by certain persons or in certain countries. If you access the Products from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

23.  Your Comments and Concerns. This Products are distributed by Wildwood Birth Education LLC, with address 3015 NE 19th Avenue, Portland, Oregon 97212. 

All feedback, comments, requests for technical support, and other communications relating to the Products should be directed to: [email protected]

 

24.  Termination. In addition to any other available remedies, Wildwood Education may terminate your access to the Products with immediate effect upon written notice to you, if you

1. fail to pay any amount when due to Wildwood Birth, or
2. you have not otherwise performed or complied with any of the Terms in whole or in part.