Seattle Birth Doulas
1. Acceptance of Terms; Modifications. These Terms of Service (the “Terms”) are a binding legal agreement between you and Seattle Birth Doulas, LLC, a limited liable company incorporated under the laws of Washington , (“Seattle Birth Doulas,” “we,” “us” and “our”). The Terms govern your use of our software applications, resources and services for new parent(s) with infant children and doulas to find each other, communicate with each other, and arrange for the provision of doula services (collectively, our “Seattle Birth Doulas Service”). The Terms govern all use of the Seattle Birth Doulas Service, whether you access it from our website at [seattlebirthdoulas.com](https://www.seattlebirthdoulas.com/) (or any localized version) (the “Site”), our mobile applications and mobile websites, , our online or phone support offerings, or any other access point we make available to you.. BY ACCESSING OR USING THE SEATTLE BIRTH DOULAS SERVICE WEBSITE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE SEATTLE BIRTH DOULAS SERVICE.
You understand and agree that we may change the Terms from time to time, and that any such changes will be effective (except as otherwise described in Section 17.10 below) when we post the modified Terms on the Seattle Birth Doulas Service, unless otherwise required by applicable law. Your continued access and use of the Seattle Birth Doulas Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
2. Seattle Birth Doulas Service.
2.1 Nature of the Seattle Birth Doulas Service. The Seattle Birth Doulas Service consists of a website that new parent(s) with infant children (“Parents”) and providers of doula services (“Service Providers”) can use to find, communicate with and interact with each other. We charge fees for some aspects of the Seattle Birth Doulas Service, as described below in Section 9.
2.2 Seattle Birth Doulas does not provide Doula Services. Seattle Birth Doulas is a neutral venue for Service Providers and Parents. Seattle Birth Doulas is not a Service Provider and, does not provide doula services. We make no representations or warranties about the quality of advice, lactation coaching, or other services provided by Service Providers (“Doula Services”), or about your interactions and dealings with users. Service Providers listed on Seattle Birth Doulas are not under the direction or control of Seattle Birth Doulas, and Service Providers determine in their own discretion how to provide Doula Services. Though we provide general guidance on our Site to Service Providers about safety and doulas and to Parents about selecting and engaging Service Providers, Seattle Birth Doulas does not employ, recommend or endorse Service Providers or Parents, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Parents, whether online or offline. We conduct an initial review of Service Provider profiles and we may facilitate Background Checks or Identification Verifications (each as described in Section 10, below) on Service Providers conducted by a third party, but, except where explicitly specified in the Seattle Birth Doulas Service (and then only to the extent specified), do not otherwise screen Service Providers or Parents. You should exercise caution and use your independent judgment before engaging a Service Provider, providing Doula Services, or otherwise interacting with users via the Seattle Birth Doulas Service. Parents and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their child or children. For example, each user of the Seattle Birth Doulas Service is responsible for keeping current his or her own child’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her child.
2.3 Release. Subject to Section 16 below, Seattle Birth Doulas has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Parents, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF DOULA SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. (Any financial obligations Seattle Birth Doulas may have to its users in connection with user conduct are limited to the reimbursement obligations set forth in the Seattle Birth Doulas Guarantee.)
2.4 Transactions are between Parents and Service Providers. The Seattle Birth Doulas Service may be used to find and offer Doula Services and to facilitate payment, but all transactions conducted via the Seattle Birth Doulas Service are between Parents and Service Providers. Except for the limited refunds and “Reservation Protection” specified in Section 9.6 and the Seattle Birth Doulas Guarantee, you agree that Seattle Birth Doulas has no liability for damages associated with Doula Services (which may include bodily injury to, or death of, a child) or resulting from any other transactions between users of the Seattle Birth Doulas Service.
2.5 Bookings. Parents and Service Providers transact with each other on the Seattle Birth Doulas Service when they both agree to a “booking” that specifies the fees, time period, and other terms for provision of Doula Services either via the booking mechanism provided on the Seattle Birth Doulas Service or through the execution of a contract between Parents and Service Provider (a “Booking”). A Booking may be initiated by either a Service Provider or a Parent by selecting the type(s) of Doula Services to be provided and then following the prompts that appear on-screen. If you are a Parent and you initiate a Booking, you agree to pay for the Doula Services described in the Booking when you complete an engagement with a doula through the website. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.
2.6 Parents are Solely Responsible for Evaluating Service Providers. Parents are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Though Seattle Birth Doulas performs a limited review of Service Provider profiles and may facilitate a Background Check or Identity Verification conducted by a third party upon a Service Provider, any such screening is limited, and Seattle Birth Doulas does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Seattle Birth Doulas does not endorse reviews of Service Providers by other Parents that may be available via the Seattle Birth Doulas Service, and Seattle Birth Doulas makes no commitments that such reviews are accurate or legitimate.
2.7 Emergencies. We recommend that Parents give their Service Providers contact information where they can be reached in the event medical care for a child becomes necessary.
3. Certification of Compliance with Applicable Law. By accessing and using the Seattle Birth Doulas Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Seattle Birth Doulas Service.
For Parents, this means, among other things, that you will ensure that your child(ren) are in compliance as required by local laws or regulations; that you have the legal right to make decisions regarding the child or children whose care you entrust to Service Providers (and that such policies will benefit third parties, including Service Providers, to the same extent they benefit you). For Service Providers, this means, among other things, that you certify that you are legally eligible to provide Doula Services in the jurisdiction where you provide Doula Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, and permits necessary to legally provide Doula Services; and that, when providing Doula Services, you will comply with applicable laws. You acknowledge that Seattle Birth Doulas is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.
4. Use of the Seattle Birth Doulas Service; Suspension.
4.1 Your Conduct on the Seattle Birth Doulas Service. When you use the Seattle Birth Doulas Service, you agree:
To use the Seattle Birth Doulas Service only in a lawful manner and only for its intended purposes. Not to submit viruses or other malicious code to or through the Seattle Birth Doulas Service. Not to use the Seattle Birth Doulas Service, or engage with other users of the Seattle Birth Doulas Service, for purposes that violate the law.
Not to use the Seattle Birth Doulas Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Seattle Birth Doulas Service. Not to use the Seattle Birth Doulas Service for purposes of competing with Seattle Birth Doulas or to promote other products or services. Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
Not to post “spam” or other unauthorized commercial communications. To use the Seattle Birth Doulas Service only for your own purposes, and not to impersonate any other person. Not to transfer or authorize the use of your account for the Seattle Birth Doulas Service by any other person, or to engage in fraudulent transactions.
Not to provide false information in your profile on, or registration for, the Seattle Birth Doulas Service, or to create multiple or duplicate accounts.
Not to interfere with our provision of, or any other user’s use of, the Seattle Birth Doulas Service. Not to solicit another user’s username and password for the Seattle Birth Doulas Service or any other sensitive personal information, including bank details.
4.2 Suspension and Termination. You understand and agree that we have no obligation to provide the Seattle Birth Doulas Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Seattle Birth Doulas Service: (1) if in our discretion your conduct on the Site or Seattle Birth Doulas Service is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary in our discretion to protect Seattle Birth Doulas, its users, children, or the public; or (3) if Seattle Birth Doulas Service determines within its sole discretion that suspension or termination your access to the Site or Seattle Birth Doulas Service is appropriate. You may suspend or terminate your use of the Seattle Birth Doulas Service at any time and for any reason. If you wish to deactivate your account, please contact Seattle Birth Doulas. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.
5. Registration; Account Security. In order to use some aspects of the Seattle Birth Doulas Service, you will be required to create a username, password, and user profile. If you elect to use the Seattle Birth Doulas Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Seattle Birth Doulas suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the Seattle Birth Doulas Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
6. Privacy. Our collection and use of your personal information on the Seattle Birth Doulas Service is described in our Privacy Statement. By accessing or using the Seattle Birth Doulas Service, you acknowledge that you have read and understand the Privacy Statement.
7. Your Content.
7.1 Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Seattle Birth Doulas Service or otherwise in connection with using the Seattle Birth Doulas Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Service Providers are invited to create a profile page with a photograph and other information and to transmit photos of the child or children under their care to Parents, while Parents may submit reviews of Service Providers.
7.2 License. Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant Seattle Birth Doulas an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Seattle Birth Doulas Service, and to sublicense these rights to third parties.
7.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Seattle Birth Doulas and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.
7.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose minors or children appear in Your Content; and (3) Your Content does not violate the law or these Terms.
7.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Seattle Birth Doulas Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
7.6 Reviews. The Seattle Birth Doulas Service may provide the ability to leave public and/or private reviews of users or their children. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that Seattle Birth Doulas has no obligation to preserve or indefinitely store any reviews. If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Seattle Birth Doulas Service, whether before or after termination of your account for the Seattle Birth Doulas Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Seattle Birth Doulas Service at any time.
8. Phone, Text and Mobile Communications.
8.1 Phone Number Changes. In the event you deactivate a mobile phone number provided to us, you agree to update your Seattle Birth Doulas account information promptly to ensure that messages are not sent to the person who acquires your old number.
9. Fees & Payment.
9.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the Seattle Birth Doulas Service are listed and payable in United States dollars.
9.2 Fees for Parents. Parents may purchase Doula Services from a Service Provider by completing a Booking as described in Section 2.5. If you are a Parent, you enter into a transaction with the Service Provider when you accept a Booking, and you agree to pay the total fees indicated in the Booking. As described in Sections 9.3 and 9.4, the total amount Parents are charged for a Booking may also include a service fee payable to Seattle Birth Doulas. Where required by law, the amount charged will also be inclusive of applicable taxes. The Service Provider, not Seattle Birth Doulas, is responsible for performing the Doula Services.
9.3 Fees for Service Providers. Service Providers may agree to provide Doula Services to a Parent by agreeing to a Booking as described in Section 2.5. If you are a Service Provider, you must confirm the Booking before it expires or the Parent will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to honor the price set forth in your Booking. The purchase of Doula Services is a transaction between the Parent and the Service Provider. Seattle Birth Doulas’s role is to facilitate the transaction. Where required by law, the amount charged will also be inclusive of applicable taxes.
9.4 Service Fees. We charge service fees for some aspects of the Seattle Birth Doulas Service. If you are a Service Provider, except where otherwise specified via the Seattle Birth Doulas Service, our service fee is calculated as a percentage of the fees a Parent agrees to pay to you in a Booking and payment of our service fee is due immediately upon Booking.
9.5 Cancellations & Refunds.
Seattle Birth Doulas may attempt to help you find replacement Service Providers when Service Providers cancel Bookings near the start date of the service period identified in the Booking, however, the availability of any replacement Service Provider is not guaranteed and Seattle Birth Doulas is not obligated to provide replacements Service Providers nor issue a refund to any Parent. All cancellations and / or refunds must be negotiated and agreed to between the Service Provider and the Parent.
Cancellations by Service Provider. If a Service Provider cancels a Booking prior to or during the service period identified in the Booking, with Service Providers will be responsible to refund the fees paid by the Parents for Doula Services not provided, as well as any service charge paid to Seattle Birth Doulas. If you are a Service Provider, you can appoint a substitute Service Provider (as agreed by the Parents and so long as the substitute has an active account on the Seattle Birth Doulas Service and has agreed in writing to accept a Booking) by contacting Seattle Birth Doulas to modify the Booking. If you do not find a substitute and repeatedly cancel accepted Bookings without justification, Seattle Birth Doulas may terminate your account.
Cancellations by Parents. If a Parents cancels a Booking prior to or during the service period specified in a Booking, Seattle Birth Doulas is not obligated any refund fees in accordance with the cancellation policy selected by the Service Provider on the Seattle Birth Doulas Service. All Service Providers are required to select a cancellation policy prior to completing a Booking so that Parents are aware of the cancellation policy prior to Booking.
Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Service Providers and/or Parents that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disaster. In such cases Seattle Birth Doulas may, in its reasonable discretion, issue refunds under terms that vary from a Service Provider’s selected cancellation policy.
9.6 Taxes. Except for taxes on Seattle Birth Doulas’s income and gross receipts or where Seattle Birth Doulas is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Doula Services via the Seattle Birth Doulas Service. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the Seattle Birth Doulas Service.
10. Background Checks and Identity Verifications.
Seattle Birth Doulas may provide Parents and/or Service Providers with access to third party consumer reporting agencies that perform, among other things, personal identification verification services (“Identity Verification”) or criminal records checks, sex offender registry checks, motor vehicle records checks and/or identification verifications (collectively, “Background Checks”). We do not provide, and are not responsible or liable in any manner for, the Background Checks or Identity Verifications, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or Identity Verifications or the accuracy, timeliness or completeness of any information in the Background Checks or Identity Verifications. We do not independently verify information in the Background Checks or Identity Verifications.
If you undergo a Background Check or Identity Verification via the Seattle Birth Doulas Service, you hereby consent to the collection, use and disclosure of the information in the Background Check or Identity Verification, and you agree to provide complete and accurate information for your Background Check or Identity Verification. You understand and agree that Seattle Birth Doulas may, in its sole discretion, review and rely on the information in the Background Check or Identity Verification in deciding whether to suspend or terminate or investigate a complaint about a Service Provider, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check or Identity Verification, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You agree that Seattle Birth Doulas’s rights and obligations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used for Background Checks or Identity Verification in respect of any claim that would be subject to the Arbitration Agreement if brought against us. Seattle Birth Doulas reserves the right to suspend or terminate your access to the Seattle Birth Doulas Service based on information in the Background Check or Identity Verification or for any other reason, or no reason, in our sole discretion.
Parents remain fully responsible to evaluate and investigate their Service Providers. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, Seattle Birth Doulas does not automatically run Background Checks on any Users.
Background Checks may vary by type, breadth and depth.
Records not available to third-party Background Check agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions.
In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions in foreign countries and nolle prosequi (abandonment of prosecution) may not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.
11. Third Party Services, Links. The Seattle Birth Doulas Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
12. Indemnity. TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SEATTLE BIRTH DOULAS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Seattle Birth Doulas Service; (2) breach of these Terms; (3) disputes with other users of the Seattle Birth Doulas Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) personal injury to Service Providers, Parents, children, or others ; (6) property damage or personal injury to Parents, users, or third parties caused by Service Providers, or a child or children in a Service Provider’s Care; (7) Your Content; or (8) your use of any Background Check or Identify Verification information in violation of any applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
13. Intellectual Property.
13.1 Seattle Birth Doulas Service. Seattle Birth Doulas and its licensors retain all right, title and interest in and to the Seattle Birth Doulas Service, the technology and software used to provide it, all electronic documentation and content available through the Seattle Birth Doulas Service (other than Your Content), and all intellectual property and proprietary rights in the Seattle Birth Doulas Service and such technology, software, documentation and content. Except for your rights to access and use the Seattle Birth Doulas Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Seattle Birth Doulas Service any feedback or suggestions for improvement that you provide to us concerning the Seattle Birth Doulas Service, without any obligation of compensation.
13.2 Seattle Birth Doulas Trademarks. Seattle Birth Doulas owns all rights in and to its trademarks, service marks, brand names and logos (the “Seattle Birth Doulas Marks”). If you are a Service Provider, Seattle Birth Doulas grants you, for so long as you are in good standing on the Seattle Birth Doulas Service, a limited, revocable, non-exclusive, non-transferable license to use the Seattle Birth Doulas Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (promo cards, signage etc.), made available for purchase via the Seattle Birth Doulas Store and/or (2) in any other manner specifically authorized in writing via the Seattle Birth Doulas Service. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Seattle Birth Doulas Marks inures solely to the benefit of Seattle Birth Doulas, and (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because Seattle Birth Doulas suspends or terminates your rights to use the Seattle Birth Doulas Service.
14. Warranty Disclaimer for the Seattle Birth Doulas Service. The information and materials found on the Seattle Birth Doulas Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Seattle Birth Doulas Service, but not directly by Seattle Birth Doulas, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEATTLE BIRTH DOULAS DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE SEATTLE BIRTH DOULAS SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SEATTLE BIRTH DOULAS; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SEATTLE BIRTH DOULAS SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SEATTLE BIRTH DOULAS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SEATTLE BIRTH DOULAS SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE PROVIDER THAT OFFERS DOULA SERVICES VIA THE SEATTLE BIRTH DOULAS SERVICE.
15 Limitation of Liability.
15.1 Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will Seattle Birth Doulas be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Seattle Birth Doulas Service, including without limitation damages related to any information received from the Seattle Birth Doulas Service, removal of your profile information or review (or other content) from the Seattle Birth Doulas Service, any suspension or termination of your access to the Seattle Birth Doulas Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Seattle Birth Doulas Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15.2 Limit on Our Liability to You. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SEATTLE BIRTH DOULAS’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE SEATTLE BIRTH DOULAS SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO SEATTLE BIRTH DOULAS (SPECIFICALLY EXCLUDING AMOUNTS PAID TO SERVICE PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID SEATTLE BIRTH DOULAS FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY). (Any financial obligations Seattle Birth Doulas may have to its users in connection with user conduct are limited to the reimbursement obligations set forth in the Seattle Birth Doulas Guarantee.)
15.3 No Liability for non-Seattle Birth Doulas Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEATTLE BIRTH DOULAS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SEATTLE BIRTH DOULAS SERVICE, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE SEATTLE BIRTH DOULAS SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE SEATTLE BIRTH DOULAS SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH A SERVICE PROVIDER OR PARENT, YOU AGREE TO RELEASE SEATTLE BIRTH DOULAS FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, EXCEPT AS SPECIFICALLY SET FORTH IN THE SEATTLE BIRTH DOULAS GUARANTEE. IN NO EVENT WILL SEATTLE BIRTH DOULAS BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PARENT OR SERVICE PROVIDER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
16. Arbitration Agreement.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SEATTLE BIRTH DOULAS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
16.1 Arbitration Agreement; Claims. This Section 16 is referred to as the "Arbitration Agreement” in these Terms. Unless you and Seattle Birth Doulas mutually agree to opt of the Arbitration Agreement, you and Seattle Birth Doulas (together, the “Parties”) agree that any and all disputes or claims that arise between you and Seattle Birth Doulas relating to the Seattle Birth Doulas Service, interactions with others on the Seattle Birth Doulas Service, and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), will be resolved as set forth in this Arbitration Agreement.
16.2 Agreement to Arbitrate. Unless you and Seattle Birth Doulas mutually agree to opt out of the Arbitration Agreement, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury.
16.3 Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at seattledoulasfounders@gmail.com or by mail at 1230 NE 88TH ST Seattle, WA 98115. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.
16.4 Arbitration Procedures. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted in English by a neutral arbitrator in accordance with your choice of the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) or the Rules of the International Center for Dispute Resolution (the “ICDR Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. The JAMS Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration, and the ICDR Rules are available at https://www.icdr.org/rules_forms_fees, and both Rules are incorporated in these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 15. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration will be held in King County. If the value of the relief sought is $10,000 USD (or equivalent in local currency) or less, you or Seattle Birth Doulas may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Seattle Birth Doulas subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Seattle Birth Doulas, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Seattle Birth Doulas users, but is bound by rulings in prior arbitrations involving the same Seattle Birth Doulas user to the extent required by applicable law. As limited by applicable law, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
16.5 Costs of Arbitration. In the event of any controversy, claim or dispute between the parties hereto arising out of or relating to this or either party's performance under the Terms, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' and experts' fees and expenses and other costs reasonably incurred by the prevailing party in enforcing its rights under the Terms including payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees"). In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Seattle Birth Doulas for all fees associated with the arbitration paid by Seattle Birth Doulas on your behalf that you otherwise would be obligated to pay under the JAMS or ICDR Rules.
16.6 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
16.7 Severability. If any term, clause or provision of this Section 17 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable.
16.8 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Seattle Birth Doulas prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against Seattle Birth Doulas prior to the effective date of removal.
17. Governing Law and Jurisdiction. These Terms, and any dispute between you and Seattle Birth Doulas, will be governed by the laws of the State of Washington, without regard to principles of conflicts of law. Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Seattle Birth Doulas must be resolved exclusively by a state Court located in the State of Washington. You and Seattle Birth Doulas agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all such claims or disputes.
18. Miscellaneous. Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms are non-exclusive and do not prohibit Service Providers from offering doula services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.