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Last Updated: July 11, 2024
Welcome to Pain Free Birth, LLC! Thank you for choosing our digital childbirth education programs. We are committed to providing you with valuable resources and support as you prepare for childbirth. Please review these Terms of Purchase carefully. By making a purchase, you agree to abide by these terms and conditions.
General Purpose. These Terms are between you (“Purchaser,” “you,” “your”) and Pain Free Birth, LLC (“Company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining digital childbirth education courses, coaching, and membership programs (our “Products”) whether through our website at https://painfreebirth.com or any related domains or subdomains (the “Website”). Pain Free Birth, LLC and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.”
By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by the following terms and conditions, together with the Terms of Use and our Privacy Policy, all of which are hereby incorporated by reference (collectively, the "Terms").
Scope of Products. Our Products include but are not limited to: online childbirth education courses, coaching programs, memberships, educational guides, and other digital products or services for purchase or download.
Product Delivery. When you make a purchase and submit your payment, you will receive a link to create a login and access the Products. Please note that product delivery may differ based on when you make your purchase. If the Product is listed as presale or pre-order, the order will be delivered as detailed on the Website. The Company will make all reasonable efforts to meet any estimated delivery dates. Should the Company be unable to meet estimated timelines for delivery of presale Products, the Company will have the sole discretion as to whether to issue a refund.
Medical Disclaimer. You understand and agree that Pain Free Birth, LLC does not give medical advice, and that no healthcare professional-client relationship is formed through the purchase or use of our products. The content included in any of our Products is meant to be informational in nature and does not represent any level of medical, legal, financial, or other professional industry-specific advice. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a midwife, doctor, or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk. As such, our Company will not be responsible for any damages that result from the use of the Products.
Results Not Guaranteed. The Company may share the successful results of the Company, its users, or customers on the Sites and Products. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results. Due to the unpredictable nature of childbirth, we cannot guarantee results or any particular birth outcome, including but not limited to: a “pain free birth,” physiological birth, unmedicated birth, etc. You understand and agree that purchasing the Products does not guarantee specific results. The information included in the Products is provided for informational purposes only and you are responsible for implementing any practices or suggested actions found within these Products.
By accessing the Sites and/or Products, you accept, agree, and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies, or recommendations, and nothing in our Sites and/or Products is a promise, warranty, or guarantee to you of such results.
No Warranties. The use of the Sites and Products are at your sole risk. The Sites and Products are provided on an “as is” and “as available” basis. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Sites and Products. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
The Company makes no warranty that (1) the Sites and Products will meet your requirements, (2) the Sites and Products will be uninterrupted, timely, secure, or error-free, (3) the results of using the Sites and Products will be accurate or reliable, (4) the quality of any Products, services, information, or other material purchased or obtained through your use of Sites and Products will meet your expectations, or (5) that the Sites and Products will be error-free and/or any errors in the Sites and Products will be corrected.
No advice or information, whether oral or written, obtained by you from us or through or from the Sites and Products shall create a warranty not expressly stated in these Terms of Service.
Payment + Billing. By providing the Company with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited-time trial period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service. Unless otherwise indicated, all Fees are in United States Dollars (USD).
If a customer signs up for a payment plan, they agree to pay the full payment plan. A payment plan is not a membership; it is a contractual agreement to pay in full. Customers are responsible for keeping their credit card information up to date. If a payment is missed, access to the Products will be immediately revoked and attempts will be made to collect payment, including but not limited to collections and other legal remedies.
Refund Policy. Due to the nature of digital products being immediately accessible upon purchase, we do not allow for returns or refunds under any circumstances. In addition, no modifications to your purchase will be granted once your purchase is made. Thank you for understanding.
Chargebacks. By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. We have the right to present these Terms to your financial institution, any payment processing company, and/or investigating agency concerning the attempted chargeback or financial dispute.
Promotions + Discounts. We may occasionally market and/or advertise promotions, discounts, limited-time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer.
License for Use. By purchasing Products through our Website, you are agreeing to the Terms of Purchase and, in return, we are providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) to use the Products by yourself and your partner only. You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create competing products or services, enhance, or in any way exploit any of the Products in any manner for any commercial or other purposes, without our express prior written consent. Password sharing with anyone else infringes on this agreement.
Intellectual Property. The Sites and Products contain intellectual property owned by Pain Free Birth, LLC (“Company’s Intellectual Property”) and by third parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites and Products, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. Without limiting the generality of the foregoing, you may not:
include such content in or with any product or service that you create or distribute;
reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Sites/Products, use of the Sites/Products, or access to the Sites/Products;
establish: (i) a hyperlink, including a deep link, to any page or location on the Sites/Products; or (ii) a frame containing any portion of the Sites/Products, on any other website or text document with hyperlink capabilities without the express written permission of the Company;
copy such content onto your or any other website or publication; or
direct any other person to do any of the foregoing.
We reserve the right to immediately remove your access to our Sites and Products, without refund, if you are found to be violating this intellectual property policy.
No Resale of Site or Product Content. You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Sites and/or Products or content or other information or materials of any kind that you do not own without our express prior written consent.
Access Duration. Upon purchase, you will have lifetime access to the course or service. "Lifetime access" means that you will have access to the course or service for as long as Pain Free Birth, LLC continues to operate and maintain the course or service.
Conditions of Access. Access may be revoked if you violate the Terms of Purchase, misuse the platform, or engage in any unauthorized sharing of your access credentials. You are responsible for any orders and purchases you make or charges you incur prior to such termination. The company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.
Updates and Modification. You will have access to any updates and improvements made to the course or service during your access period. Pain Free Birth, LLC reserves the right to make changes to the content and structure of the course or service as needed. Pain Free Birth, LLC also reserves the right to modify or discontinue any aspect of the course or service, including features, content, and availability.
Transferability. You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.
Privacy + Protection of Personal Information. We respect your privacy and are committed to protecting it. We may use certain information that we collect from you to operate Pain Free Birth, LLC and provide our Products. Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how we use your Data.
Errors, Inaccuracies, and Omissions. Information provided about or in the Sites and/or Products is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. Company disclaims all liability for any inaccuracy, error, or incompleteness in the Sites and/or Products.
Limitation of Liability. The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Company was advised of the possibility of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.
Maximum Damages. Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.
Indemnification. You agree to indemnify and hold Pain Free Birth, LLC, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Sites and Products, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in York County, South Carolina. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.
Choice of Law. These Terms and the Parties’ relationship are governed by the laws of the State of South Carolina. In the event of conflicting laws, the laws of the State of South Carolina will control.
Notices. We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Pain Free Birth, LLC at P.O. Box 54, Fort Mill, SC 29716. Notices provided by certified mail will be effective upon actual receipt of the notice.
Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.
Force Majeure. To the extent that any failure or delay in our delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.
Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.
Entire Agreement + All Rights Reserved. In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.
Disclaimer: By registering for this course, I understand that I am not guaranteed any particular birth outcome (ie: natural, vaginal, pain-free, etc).
The content of this course is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical decision.
There are no refunds.
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9 Teaching Modules broken down to bite-sized videos to help you have an empowering birth experience.
9 Activations, including: retraining your nervous system, breathing exercises, healing from past trauma, connecting to your body, your baby, and your intuition – and more!
Access to everything inside the E-Course for the lifetime of the course!
70-page Course Workbook
Hands-on Activations
Step-by-Step Breathing Exercises
Advocacy Scripts
Sample Birth Plans
Bonus: Positions Tutorial for Pregnancy, Birth, and Pushing
Bonus: VBAC Ready Module
Bonus: Christian Hypnobirthing Audio Tracks
Bonus: Breech & Twins Module with Dr. Stu
Bonus: For the Dads: The Husband’s Perspective
Bonus: Access to the Pain Free Birth VIP Facebook Community
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