FRONTLINEDOULAS.COM
TERMS OF USE AND PRIVACY PRACTICES
Welcome to www.frontlinedoulas.com! Frontline Doulas™ (“we,” “us,” “our,” or “Frontline Doulas”) is a program furnished by Frontline Perinatal Liberation LLC. Our community perinatal programs are fiscally sponsored by Diversity Uplifts Inc. Frontline Doulas may from time-to-time have other program sponsors and associated websites or webpages, applications, sub-domains, services, and tools (collectively “the Site”) and these Terms of Use and the privacy practices described below apply to all of them and to the services we provide through the Site (“the Services”).
Binding Agreement
PLEASE READ THESE TERMS OF USE CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU PROCEED BECAUSE THE TERMS FORM A BINDING AGREEMENT BETWEEN YOU AND US WHEN YOU USE THE SITE AND THE SERVICES. That is, if you continue to access or use the Site or the Services, it will mean you read, understand, and expressly agree to the terms and conditions below (“Terms”) and that you will use the Site only in accordance with them. If you are accessing the Site on behalf of another person, you are nonetheless individually bound by the Terms even if the other person is also bound them or has a separate agreement with us. If you have questions about the Terms or our privacy practices, please contact us.
You agree that we are not obligated to offer the Site or Services to you and that we may suspend or terminate your access to the Site or your ability to access Services for any reason, including violation of the Terms. You may discontinue your use of the Site and/or Services at any time for any reason.
Services
The Frontline Doulas are not doctors, midwives or medical professionals, and we do not practice medicine. Specifically, we do not provide any medical advice, treatment, diagnosis, interpretation of test results, images, reports, or medical records, and we do not or diagnose or treat pregnancy symptoms, breast/chest-feeding issues, and/or postpartum related symptoms. The Services are not provided in the course of a professional relationship between a health care provider and a patient and should never be considered a replacement for consultation with a health care professional. We do not make specific health claims or promise medical results. We provide educational information of general application about aspects of pregnancy, labor, postpartum, and breast/chest-feeding; advocacy services; and emotional support.
Information presented on the Site or through the Services, including without limitation, in any public program (digital, virtual, or in-person), on a blog or in meetings, conversations, phone calls or text messages is not intended as a substitute for the medical advice of a properly licensed health care professional, and our communications should never be interpreted as medical advice.
Accordingly, you must never disregard medical advice or delay seeking medical advice because of content available on the Site or information you receive from a doula or otherwise through the Services.
Who May Use The Services
You may use the Services available through the Site if you are over the age of 18 or other legal age under applicable state law, and/or have the necessary capacity or authority to enter binding agreements like this through a consenting parent or legal guardian. By proceeding to the Site, you are representing that you are over the age of 18 or other legal age under applicable state law, have the necessary capacity or authority to enter binding agreements, or are a consenting parent or legal guardian with full authority to accept these Terms of Service and to bind the user to these terms. If you are under 18 or other legal age or are not the parent or legal guardian of someone receiving services from a Provider and you do not have such authority or do not agree to these terms, do not proceed to the Site.
Children under the age of 13 may not use the Services under any circumstances.
PARENTS/GUARDIANS AGREE TO FULLY INDEMNIFY CI AND TO HOLD CI HARMLESS AGAINST ANY AND ALL CLAIMS AND DAMAGES IF A REGISTERED USER WHO IS A MINOR BREACHES ANY OF THESE TERMS OF SERVICE.
License
You are granted a limited, revocable license to make personal use only of the Site and Services in accordance with these Terms of Use. This license permits you to view the Site and use the Services, but expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services and/or making any derivative of the Site or Services. Any use of the Services in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use the Services.
Your Use of the Site and Services And Specific Agreements
You agree that you are solely responsible for your use of the Site and the Services and you represent and warrant that your use will comply with all applicable laws and regulations.
You agree that you will not use the Site or the Services in a way that violates the rights of a third party.
You acknowledge that you are responsible for providing all software equipment, and connections necessary to use the Site and/or the Services.
You agree not to use the Site or any Service to communicate offensive, hateful, harassing, threatening, abusive, embarrassing, vulgar (e.g., swear words) discriminatory/racist speech, and/or information that is untrue, phony, incorrect, misleading, derogatory, and/or defamatory. You acknowledge that your us of the Site and/or Services may be immediately terminated if you violate this provision.
You agree that you will provide accurate and complete information in the registration or activation process on the Site, in any requested forms or submissions to us, and that if you see inaccuracies in information on the Site, you will contact us to correct them. Your use of the Services may be suspended at any time if you do not provide complete information as requested.
You agree that when using the Site and/or Services, you will not:
a. Use the information from the Site or in the Services to create or sell a similar service or similar information or to seek sales;
b. Delete, modify, hack, or attempt to change or alter any portion of the Site or Services or otherwise create burdens or problems that may interfere with our ability to provide the Services or to operate the Site, interfere with any other person’s use of the Site or Services, or cause us to lose any services of our ISPs or any other service suppliers and will not tamper with the Site or introduce any software designed to interfere with the Site or any malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to private information on the Site or to disable, erase, or otherwise harm the Site;
c. Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, algorithms, structure, or ideas upon which the Site or Services are based;
d. Use the Services in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
e. Access or attempt to access any other person’s information or content; and/or
f. Encourage any illegal activities.
You acknowledge that all content on the Site, including text, images, logos, music, audio and video clips, icons, and the compilation of such content, is our sole property, or our property together with content providers or licensors, and that the content is fully protected by copyrights, trademarks, and other property rights/laws.
You acknowledge that we reserve the right to remove any content at any time. specifically, we remove submissions that we believe may violate intellectual property rights of others and may suspend your access to the services (or any of them) if you violate someone’s intellectual property or other rights.
You grant us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display any and all content you post to the Site or submit on the Site, including without limitation, comments, suggestions, ideas, graphics, testimonials, and other information) throughout the world in any media. You agree that you are responsible for the accuracy of any such content and its originality, that use of the content you supply does not violate this policy and/or the intellectual property rights of others, and will not cause injury to any person or entity, and that you will indemnify www.frontlinedoulas.com or its affiliates for all claims resulting from content you have supplied.
You also agree that your use of the Site and the Services is at your sole risk and that the Services are provided on an “as is” and “as available” basis. Frontline Doulas expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. Further, we make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free, and/or as to the results that may be obtained from the use of the Site or the Services, or that defects in the Services will be corrected. You understand and agree that you obtain any material through the use of the Services at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results, and that no advice or information, whether oral or written, obtained by you from us or through the Site or Services will create any warranty not expressly made herein.
Specifically, you acknowledge that all material of any kind (text, audio, video etc.) on the Site and/or provided through the Services is for informational and emotional support purposes only, is not intended to replace any medical advice, and at most may express the opinions or personal experiences of non-professional, non-licensed individuals which may not apply to you. You further acknowledge that we do not guarantee the accuracy of any information posted on this site and we do not guarantee any results. Accordingly, you agree to use or apply information from the Site and/or Services at your own risk. We will not be liable for any damage caused by your use or application of any content on the Site or provided through the Services, including without limitation but for clarity and emphasis, Services provided by phone, internet consultation, or other interactive communications.
You also acknowledge that the Site and Services are not intended to provide a substitute for your own sound and reasonably prudent judgment. Persons using any of the Services assume full responsibility for their use and information provided and agree that we are not responsible or liable for any claim, loss, or damage arising from their use. Your reliance on the content obtained or used by you is solely at your own risk except as provided by law.
We may provide links to third-party websites. If we do, we are not obligated to review such third-party websites, we do not control them, and we are not responsible for the products, services, or content available through any of them. Further, we do not endorse or make any representations about such third-party websites, and/or any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any third-party websites we may link from the services, you do this entirely at your own risk.
YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY RIGHT OF ACTION AGAINST US. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES WILL BE TO STOP USING THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, you agree that the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.
You understand and agree that we may make changes to these Terms of Use at any time without notice to you, and that such changes may either increase your duties or decrease your rights hereunder. You further understand and agree that such changes will not require your further agreement at any time, but will be brought into effect instantly by posting revised Terms of Use and/or Privacy Practices to the Site.
The interpretation of this Agreement and the resolution of any disputes relating to this Agreement will be governed by the laws of the State of California without regard to any conflicts of laws provisions. Except for disputes subject to arbitration as described below, any disputes relating to these Terms, the Site, or the Services will be heard in the courts located in Los Angeles County, California.
YOU AND WE AGREE THAT ANY ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN LOS ANGELES, CALIFORNIA, as administered by JAMS under the rules for expedited procedings then in effect except as otherwise agreed by the parties or as described below. You and we also agree that the federal arbitration act will not apply to disputes arising out of or related to this agreement. You and we further agree to submit to the personal jurisdiction of the courts located within Los Angeles, California, for the purpose of litigating any refusal to arbitrate. Notwithstanding the above, you agree that we may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, but that in no event will you seek or be entitled to enjoin or restrain the operation of the service, exploit any advertising or other materials issued in connection therewith, or exploit of the services or any content or other material used or displayed through the services. Notwithstanding anything to the contrary herein or in applicable court or arbitration rules, you and we further agree each of us will bear our own attorneys’ fees and costs incurred in connection with any dispute, court proceeding, or arbitration.
If any provision of these Terms of Use, including the Privacy Practices below, is found by a court of competent jurisdiction or a duly appointed arbitrator to be invalid, you and we nevertheless agree that the arbitrator or a court, as applicable, should give the effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect.
You acknowledge that our failure to act with respect to a breach or violation by you or others of these Terms of Service does not waive our right to act with respect to that breach or subsequent similar or other breaches.
You and we agree that any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Privacy Practices
21. We value your privacy. We only collect information from you that we believe we will need to provide the Services. We do not share information without your consent that you provide to a Doula or us over the phone or in other communications or that you do not make public on the Site or through a Service. Further, the information you give us is used only to provide you with Services. When you no longer need our services, we will keep the information for a reasonable time, after which we will delete it.
22. We use various security tools to protect the information you provide to us, but we cannot guarantee that an intruder will not be able to unlawfully gain access to information about you. Furthermore, text messages and emails we exchange may be intercepted or viewed by others. Accordingly, you acknowledge and agree that when you access the Site and your account, provide us with information, and communicate with us, you are doing so at your own risk. YOU EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE, INTENTIONAL INTRUSION, DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE OR SERVICES.
23. You further acknowledge that the security of the information contained on the Site will depend in part on the equipment and internet connections you use, whether you maintain and regularly use current antivirus, antispyware, and firewall software on your computer or other devices, and how you protect your privacy. You are solely responsible for protecting your devices against unauthorized access.
24. Being fully aware of the foregoing, you agree that by using the Site or Services, enrolling in any program, downloading our app, and/or providing your email address and/or mobile phone number you give us permission to communicate with you by email and/or text, and through notifications we may post on the site.
25. Frontlinedoulas.com may send you emails to let you know about changes to the site, planned features, or promotional activities that might interest you. If you decide that you do not want to receive these promotional emails, you may turn them off/unsubscribe by simply clicking on the link at the bottom of any promotional email from us. If you want us to stop sending you text messages, just respond to a text with “STOP.”