Terms and Conditions
TERMS OF USE – JARDIN DE NAISSANCE / BIRTH GARDEN
These Terms of Use (“Terms”) provide the terms and conditions that govern your visit to and use of the Jardin de Naissance / Birth Garden website currently located at www.jardinsdenaissance.com (“Site”), including all content, data, features, functionality, programs, or services provided on or through the Site (the “Services”). The Site and Services are provided by Jardin de Naissance / Birth Garden (“Birth Garden”).
By accessing or using the Site, you accept and agree to be bound and abide by these Terms and the Privacy Policy available at www.jardinsdenaissance.com/privacypolicy, incorporated herein by reference. If you do not accept these, you may not access, browse or use Services or the Site.
Birth Garden reserves the right to modify these Terms at any time and will publish notice of any such modifications on-line at this Site. By continuing to access the Site after notice of such modifications has been published, you signify your agreement to be bound by them.
In addition, some pages within the Site may contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these Terms and incorporated herein by reference.
PROPRIETARY RIGHTS, PERMISSIBLE USE
The Site and Services are the property of Birth Garden, its licensors, affiliates or partners and are protected by intellectual property rights, including United States and international copyright, trademark and/or other proprietary rights and laws. All trademarks and logos appearing on the Sites are the property of their respective owners. We reserve all of our intellectual property rights in the Site and Services, and do not grant you any license or right in or to any trademarks, logos or other intellectual property rights. You agree not to reproduce, copy, modify, republish, sell, transmit, distribute, commercially exploit, or create derivative works based on, all or any part of the Site, Services or any materials made available through the Site or the intellectual property rights contained therein.
In consideration for your agreement to the terms and conditions contained here, you may download material from the Site only for your own internal use. No sharing, transfer, recording of the Services is allowed. You agree not to use the Site or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Site or Services in any way that could damage the Site, Services, or general business of Birth Garden.
USER OBLIGATIONS
As a user of the Site or Services, you may be asked to register with Birth Garden. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Site and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify Birth Garden immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using the Site or Services to further fraud or unlawful activity is grounds for immediate termination of the Services.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Birth Garden does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the Site and the Services. Birth Garden makes no warranties that the Site or Services will meet your needs or that the Site or Services will be uninterrupted, error-free, or secure.
Birth Garden may occasionally post links to third party websites or other services. You agree that we not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from the Site.
NO MEDICAL ADVICE
OUR SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER. DO NOT USE INFORMATION PROVIDED VIA OUR SITE TO DIAGNOSE OR TREAT A HEALTH CONDITION OR DISEASE WITHOUT CONSULTING A QUALIFIED HEALTHCARE PROVIDER. THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP ARISING SOLELY BY VIRTUE OF USING THE SERVICES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ VIA THE SITE OR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES (OR ANY PART THEREOF), WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY TO YOU RELATING TO OUR SERVICES (OR ANY PART THEREOF) EXCEED ONE HUNDRED DOLLARS ($100).
GENERAL TERMS
These Terms constitute the entire agreement between us and you, respectively, with respect to the use of our Services and content contained therein. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms will be governed by and construed in accordance with the laws of the State of Texas without regard to its choice-of-law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws, rules and regulations of the United States will govern. Headings of parts and sub-parts under these Terms are for convenience and organization, only.
ASSIGNMENT
The Terms, or the rights granted here under, may not be assigned, sold, leased or otherwise transferred in whole or part by you.
CONTACT INFO
If you have any questions about these Terms, or Services, or your use of the Site please send us an email at info@jardindenaissance.com or call 512-750-6785.