Midwifery Today, Inc. ("MT") maintains the following Web sites as an online information and communications service (the "Service"):
Use of the Service is governed by the terms and conditions of this Agreement. Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by all of the terms and conditions of this Agreement. This Agreement is intended to be fully effective and binding upon you and MT.
MT may modify this Agreement at any time, and you agree that such modifications will be effective immediately upon posting of the modified Agreement on the Service. You agree to review the Agreement posted on the Service each time you use the Service so that you are aware of any modifications made to this Agreement. By accessing or using the Service, you agree to be bound by all of the terms and conditions of the Agreement as posted on the Service at the time of your access or use.
You acknowledge and agree that use of this Service is at your own risk. You understand and agree that the information contained on or provided through this Service is intended for general consumer understanding and education only and is not intended to be and is not provided as a substitute for professional medical advice. Nothing contained on or provided through the Service is intended to be or is to be used for medical diagnosis or treatment. The Service is presented by MT for the sole purpose of disseminating general health information for public benefit. Always seek the advice of your midwife, physician, nurse or other qualified health care provider before you undergo any treatment or for answers to any questions you may have regarding a medical condition. The Service and any information provided on the Service are not intended to constitute, and you agree that they do not constitute, the practice of or furnishing of medical, nursing, or professional health care advice, diagnosis, consultation or treatment or Services in any jurisdiction.
You understand and agree that, except for information, products, services or merchandise clearly identified as being supplied by MT, MT does not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise available on the Service or through the Internet generally in any way. You also understand and agree that MT cannot and does not warrant or guarantee that files available for downloading through the Service will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. You understand and agree that you are solely responsible for implementing sufficient precautions, procedures and checkpoints to satisfy your own requirements for the accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. MT does not assume any responsibility for the loss of any information, data or other materials resulting from your use of the Service. You understand and agree that MT does not make any express or implied warranties, representations or endorsements of any kind whatsoever (including without limitation, warranties of title or noninfringement, or any warranties of merchantability or fitness for a particular purpose) with regard to the Service, or with respect to any information, products, services, merchandise or other material provided on or through the Service. MT does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any information, products, services, merchandise or other material provided through the Service. MT makes no warranty or guarantee that the Service will be uninterrupted, timely, secure, or error free. In no event will MT be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information contained on or provided through the Service.
The Service and any information provided on or through the Service is not targeted to users in any particular locality, nor are they intended to constitute, and you agree that they do not constitute, doing business in any jurisdiction or the solicitation of business anywhere by MT or any of our respective parent, subsidiary or affiliated companies or organizations, nor do they constitute any contacts with any jurisdiction outside of the state of Oregon.
You agree that this Agreement is entered into between you and MT in the State of Oregon, United States of America, and is performed within the State of Oregon and governed by and shall be construed in all respects under the laws of the State of Oregon, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you irrevocably agree to submit to the exclusive personal jurisdiction of the Oregon State Circuit Court sitting in Lane County, Oregon, or if such court does not have subject matter jurisdiction, then you irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of Oregon, and whichever of those two courts has jurisdiction, you waive any jurisdictional, venue, or inconvenient forum objections to such court.
You understand and agree that in no event shall MT be liable to you or any other user of the Service for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, loss of revenue or business or liabilities arising out of or relating in any way to this Service, or sites accessed through this Service, and/or content or information provided on or through the Service. You acknowledge and agree that your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Service.
You agree to indemnify MT and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to your use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.
In the event MT shall determine, in our sole and absolute discretion, that you have breached any of your obligations under this Agreement, then, in addition to and not in lieu or limitation of any other right or remedy MT may have, MT may advise you that you have violated this Agreement; delete or remove any communications or content furnished or posted by you to the Service; discontinue your registration and remove you as a registered member; block your access to the Service; notify and/or send communications or content to and cooperate with applicable law enforcement authorities; and/or take any other action MT deems appropriate.
The marks "www.midwiferytoday.com," "www.midwiferytoday.org," "www.midwiferytoday.net," "www.havingababytoday.com," "www.havingababytoday.org," "www.havingababytoday.net," "www.internationalmidwife.com," "www.birthmarket.com," "www.findamidwifetoday.com," "www.findadoulatoday.com," "www.motherbabypress.com," "www.survivormoms.com," "Midwifery Today," "The Heart and Science of Birth," "Motherbaby Press," and the baby-in-hands Midwifery Today logo are trademarks of Midwifery Today, Inc. The materials on the Service are copyrighted by MT and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be not enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between you and MT relating to the subject matter hereof and supersedes and merges herein any prior promises, agreements, or understanding between you and MT relating to any of the subject matters of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
This page last updated: 9/12/12