Terms of Use

Welcome to the North Carolina Homebirth Web site (the "Web site"). The goal of this Web site is to provide you with access to information about giving birth at home in North Carolina.

Please read our Terms of Use ("Terms") carefully before continuing on with your use of this Web site. These Terms shall govern the use of the Web site and apply to all Internet traffic visiting the Web site. The information and services on this site are provided by North Carolina Homebirth and its suppliers. By accessing and using this site, your agreement to the terms and conditions is implied. The Terms are meant to protect all of our Web site visitors and your use of this Web site signifies your agreement with these Terms. If you do not agree with these terms, do not use this Web site. North Carolina Homebirth reserves the right, in its sole discretion, to modify, alter, revise, or update these Terms at any time. Such revisions shall be effective immediately upon posting to the Internet. By using this Web site after we have posted notice of such modifications, alterations, revisions, or updates, you agree to be bound by such revised Terms. Accordingly, your continued access or use of this site shall be deemed your acceptance any modifications in the Terms of Use.

Disclosure of Use of Your Communications

Postings to this site and electronic mail delivered to North Carolina Homebirth are not confidential and North Carolina Homebirth shall not be liable for any use or disclosure thereof. All communications and other materials you send to this site or to North Carolina Homebirth by electronic mail are, and shall remain, the sole and exclusive property of North Carolina Homebirth and may be used by North Carolina Homebirth for any purpose whatsoever, commercial or otherwise, without compensation.

Use of Information

The information (including without limitation advice and recommendations) and services on the site are intended solely as a general educational. The information and services are provided with the understanding that neither North Carolina Homebirth nor its suppliers or users are engaged in rendering legal, medical, counseling or other professional services or advice. Your use of the site is subject to the additional disclaimers and caveats that may appear throughout the site. North Carolina Homebirth and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on this site.

Disclaimer of Warranty

North Carolina Homebirth disclaims any and all warranties of merchantability and fitness for a particular purpose. All content on www.nchomebirth.com is provided "As Is" and without warranties of any kind, either express or implied. Other than those warranties which, under the U.S. laws applicable to these terms, are implied by law and are incapable of exclusion, restriction or modification, neither North Carolina Homebirth, its affiliated or related entities, nor the providers, nor any person involved in producing, creating and/or distributing this Web site warrant that the server that allows information on this site to be accessible will be free of any computer viruses or other harmful elements, that mistakes or defects contained on this site will be corrected, or that functions offered on this site will be uninterrupted or free of error.

North Carolina Homebirth does not warrant or make any representations regarding the results that may be obtained from the use of this Web site, or as to the reliability, accuracy or currency of any information content, acquired pursuant to your use of this Web site.

Limitation of Liability

You expressly agree that use of this Web site is at your sole risk and that in no event North Carolina Homebirth, nor its affiliated or related entities (including its providers), nor any of their respective employees, or agents, nor any person or entity involved in producing, creating and/or distributing this Web site shall be liable for any special, indirect, punitive, incidental, exemplary or consequential damages, or any damages whatsoever resulting from loss of use, business, data or profits, whether based on breach of contract, tort (including negligence), product liability or otherwise any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from the use or attempted use of this Web site or any other linked site, even if advised of the possibility of such damages.

You assume the entire cost of any and all necessary service including but not limited to technical support, repair, or correction of your system. By way of example, and without limiting the generality of the foregoing, North Carolina Homebirth and its related persons and entities shall not be responsible or liable for any damage, loss, or claim arising from delay in operation, failure of performance, interruption of service, defect, omission, error, deletion, theft, computer virus, unauthorized access or alteration of records, reliance upon or use of data, information, opinions or other materials appearing on this Web site.

You expressly acknowledge and agree that North Carolina Homebirth is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

Some state statutes might apply regarding limitation of liability. Such jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, North Carolina Homebirth's liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless North Carolina Homebirth and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, claim and expense, damages and costs, including reasonable attorneys' fees, resulting from to (i) your violation of this agreement, and (ii) your posting of material to the North Carolina Homebirth site.

Links to Other Sites

North Carolina Homebirth will permit you to visit other Web sites, via hyperlinks, that may or may not be affiliated with this Web site and/or North Carolina Homebirth, and that may have terms of use that differ from, or contain terms in addition to, the Terms of Use specified here. North Carolina Homebirth provides the Linked Sites for your convenience and as a source information only. North Carolina Homebirth is not responsible for any such site including the information, products, services therein and does not endorse any such sites, whether or not North Carolina Homebirth is affiliated with the owners of such Linked Sites or not. You access and use any site linked to North Carolina Homebirth and/or its information, materials, services, and products solely at your own risk.

You may not establish a hyperlink to North Carolina Homebirth or provide any links that state or imply any sponsorship, approbation, sanction, or endorsement of your Web site by North Carolina Homebirth, or its affiliates or Providers.

Trademarks, Copyrights, and Restrictions

All content on this Web site, including, but not limited to graphics, text, animations and illustrations, is protected by copyrights and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by North Carolina Homebirth or its affiliates, or by third party content providers, merchants, sponsors and licensors that have licensed their content or the right to market their products and/or services to North Carolina Homebirth Content on this Web site is provided solely for your personal, non-commercial use. You may print a copy of the content and/or information contained on the North Carolina Homebirth Web site for your personal, non-commercial use only, but you may not use commercially in any way including but not limited to copying, posting, republishing, uploading, transmitting, reproducing, distributing, e-mailing, or sending via any other electronic means, without the prior written consent of North Carolina Homebirth or its providers. You may request consent by e-mailing copyright@nchomebirth.com.

You may not modify any content from the North Carolina Homebirth Web site, use it on any other Web site or computer network, or use it for any purpose other than for personal, non-commercial use without the prior written consent of North Carolina Homebirth without violating the rights of the owners of North Carolina Homebirth and/or its providers' copyrights, trademarks, service marks, or other proprietary rights.

Conditional to your our use of this Web site, you warrant that you will not use www.nchomebirth.com for any unlawful purpose or in any way that is prohibited by this Term of Use, including but not limited to the following: posting, uploading, or transmitting any defamatory, libelous, obscene, inflammatory, profane, pornographic, scandalous, or threatening material. North Carolina Homebirth reserves the right to deny access to anyone who violates any part of the Terms of Use and will immediately revoke your permission to use this Web site, without the necessity of any notification to you. North Carolina Homebirth reserves the right to deny access to anyone at its discretion for any reason, including violation of these Terms of Use.

Without prior written consent of North Carolina Homebirth, you may not use or post onto any other Web site any of the content or other materials on this Web site. You may not use any trademarks, service marks or copyrighted materials appearing on this Web site, including but not limited to any logos, images, graphics, or characters, without the prior express written consent of the owner of the mark or copyright.

Proprietary Rights

All materials on this site (including but not limited to the layout, branding, and design of this site), except property information and photos, are owned and copyrighted by North Carolina Homebirth or its suppliers. You may access, use, download, or print the materials on North Carolina Homebirth, in whole or in part, only for your personal non-commercial use.

Changes to Site

At any time and without notification, North Carolina Homebirth and/or its suppliers may change the information, services, products, and/or other content on this site, or terminate this site.

Miscellaneous

This agreement and the resolution of any dispute related to this Agreement or the site shall be governed by and construed in accordance with the laws of North Carolina, without giving effect to any principles of conflicts of law. North Carolina Homebirth's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between North Carolina Homebirth and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction.

Privacy

Registration data, contact information, and certain other information are subject to our Privacy Policy. Please review our full Privacy Policy as your use of North Carolina Homebirth signifies your agreement to the North Carolina Homebirth's Privacy Policy.

Third Party Rights

This Terms of Use document is for the benefit of North Carolina Homebirth and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

User Conduct

You understand and agree that all code, text, graphics, software, music, videos, sound, photographs, messages, posts, data, information, or other materials ("Content") are the sole responsibility of the person with whom the Content originated and that you are responsible for all Content that you transmit or disseminate through or by means of www.nchomebirth.com.

You agree that you will not use the Web Site in any way to:

(1) transmit, disseminate, or post any Content that is unlawful, harassing, defamatory, abusive, threatening, pornographic, obscene, harmful, tortious, libelous, or invasive of another's privacy;

(2) transmit, disseminate, or post any Content that infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without their permission, using third-party trademarks without their permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;

(3) transmit, disseminate, or post any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;

(4) transmit, disseminate, or post any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;

(5) impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Web Site;

(6) transmit, disseminate, or post any Content you do not have the right to transmit, disseminate, or post;

(7) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;

(8) interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site;

(9) electronically stalk or otherwise harass another user;

(10) collect or store personal data about other users;

(11) engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;

(12) use the Web Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Web site's providers, Web sites, chat rooms, or the like; or

(13) intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law.

User Content and Correspondence

You acknowledge that North Carolina Homebirth does not generally prescreen Content, but that North Carolina Homebirth and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the Web Site. North Carolina Homebirth reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, North Carolina Homebirth and its designees will have the right to remove any Content that violates the Agreement or that North Carolina Homebirth considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the Web Site, including your Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge and agree that North Carolina Homebirth may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of North Carolina Homebirth, its users, and the public. Details regarding our use of personally identifiable information included in Content are set out in our Privacy Policy.

By posting Content to the Web Site or by transmitting Content using the Web Site, you (1) represent and warrant to North Carolina Homebirth that you have all necessary permission to post or transmit Content; and (2) grant to North Carolina Homebirth a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Any comments, materials, or letters sent by you to North Carolina Homebirth regarding the Web Site, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Received Materials") shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. North Carolina Homebirth will have no obligation of any kind with respect to Received Materials that you do not restrict and North Carolina Homebirth will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict. Furthermore, North Carolina Homebirth is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to North Carolina Homebirth, whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.

Product Descriptions

North Carolina Homebirth attempts to describe as accurately as possible the items on www.nchomebirth.com. North Carolina Homebirth does not warrant that product descriptions are error-free, complete, current, reliable, or accurate. If a product described on the Web Site is not as described when you receive it, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Return Policy.

Order Acceptance and Shipment

Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the product(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your product within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. North Carolina Homebirth is a reseller to end-use customers and does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Web Site.

Pricing and Sales Tax

We cannot confirm the price of an item until you place an order. We do not charge your credit card until your order is shipped. At the time that you place your order, it will include an estimate for sales tax; the actual amount will be charged at the time your order is shipped. We will add sales tax for orders to be delivered to addresses in the following states: California, Connecticut, and Virginia. Each customer is solely responsible for all sales/use taxes applicable to orders shipped to all other locations. The sales tax we charge will incorporate both state and local taxes and therefore may vary from one locale to another. It will be calculated based on state and local laws, which may include tax on shipping, handling, and gift-wrap charges. No sales tax is applied to gift certificates, but purchases paid for with gift certificates may be subject to tax.

Risk of Loss

All items purchased from North Carolina Homebirth are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.

Return Policy

Within thirty (30) days following your receipt of items purchased from North Carolina Homebirth, you may return the items to North Carolina Homebirth, for any reason, for a full refund, so long as they are returned unused and unopened, in the original packaging with full contents. We will process your return promptly and will remit your refund in the same form of payment originally used for purchase within thirty (30) business days of our receiving your return. If your return is not due to our error, we will deduct the shipping costs from your refund.

If you are returning a gift, you will receive a store credit for the value of the returned item minus shipping costs. The credit may be used at any time toward purchases from North Carolina Homebirth.

Jurisdictional Issues

Unless otherwise specified, the content contained in this Web site is presented solely for your convenience and/or information. This Web site is controlled and operated by North Carolina Homebirth. North Carolina Homebirth makes no representation that content in its Web site is appropriate or available for use in other locations. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of North Carolina, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or North Carolina Homebirth brings to enforce these Terms, or in connection with any matters related to this Web site, shall be brought only in either the state or Federal courts located in Asheboro, North Carolina and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

North Carolina Homebirth, in its sole discretion, reserves the right to (1) change this Legal Statement, (2) monitor and remove postings, and (3) discontinue site availability at any time without notice. If any term, condition, or provision of this Legal Statement is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby. This Legal Statement constitutes the entire agreement between you and The North Carolina Homebirth relating to the subject matter herein.

This agreement and the resolution of any dispute related to this Agreement or the site shall be governed by and construed in accordance with the laws of North Carolina, without giving effect to any principles of conflicts of law. The North Carolina Homebirth's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between North Carolina Homebirth and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in North Carolina, County of Randolph.

By using this site, you are acknowledging your consent to the foregoing terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.