Babyproofing Your Relationship – Service Agreement
Last Updated - 04/18/2022
- Welcome to Babyproofing Your Relationship (“program,” "course," “service”)!
1.1 Introduction:EAS, Inc. (“EAS, Inc.,” “we,” “us,” “our”) provides its services (described below) to you (“participant,” “user,” “registrant”) through its website located at babyproofingyourrelationship.com (the “Site”) services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 9 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
1.2 Modifications to Terms of Service: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification, or through other reasonable means and as required by applicable law.
1.3 Scope: Babyproofing Your Relationship is an educational course designed specifically for romantic partners (parents, spouses, etc.) who are expecting a child, or have a child/children. The course fee ($175), a one-time purchase fee, paid in full at the time of registration via babyproofingyourrelationship.com, covers the enrollment of both/all romantic partners/parents. The course content is made available through kartra.com and all partners must share one login. All partners/participants are required to enter their name at the time of registration, as well as review and acknowledge this Service Agreement.
Participants may have the option to purchase add-on services in connection with “Babyproofing Your Relationship.” Purchase of add-on services is at the discretion of the participants and may be subject to additional Terms of Service or Releases. The offering and availability of add-on services is at the sole discretion of EAS, Inc.
1.4 Heath and Wellness Disclaimer: EAS, Inc. does not provide medical advice. EAS, Inc. and Babyproofing Your Relationship only provides general, educational information through its Service. Babyproofing Your Relationship is not therapy, group therapy, or a crisis-based service, and its facilitators/instructors are not licensed therapists. Babyproofing Your Relationship is not suitable treatment for any mental health diagnosis. If you have a diagnosed mental health issue, it is your responsibility to seek or continue treatment by a licensed therapist and/or psychiatrist for those issues. You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for medical treatment by a licensed healthcare professional.
You also acknowledge and agree to accept the inherent risk of participating in the program. You agree that EAS, Inc. will not be liable for any injury, loss, or damages arising from your access or practice of the information provided in Babyproofing Your Relationship.
1.5 Financial Disclaimer: The information provided by EAS, Inc., Babyproofing Your Relationship, its facilitators, and the resources provided therein is not intended as, and shall not be construed, as financial advice. EAS, Inc. and its facilitators are not attorneys, accountants, or financial advisors and the information contained in Babyproofing Your Relationship is not a substitute for financial advice from a professional.
2. Access and Use of the Service
2.1 Use Description: Babyproofing Your Relationship and any content viewed through our service, is solely for your personal and non-commercial use. With your purchase we grant you a limited, non-exclusive, non-transferable, license to access Babyproofing Your Relationship content and view your course through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. EAS, Inc may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
2.3 Member Account, Password and Security: You may never use another's account, and you may not provide another person with the username and password to access your account, with the exception of the partners/spouse you registered with. You and your partners/spouse are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify firstname.lastname@example.org of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. EAS, Inc. will not be liable for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Service: EAS, Inc. reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EAS, Inc. will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
2.5 Unless otherwise expressly authorized herein or by EAS, Inc. in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
2.6 Refund Policy: Unless otherwise noted during your purchase of Babyproofing Your Relationship, or as required by applicable law in your jurisdiction, should you become dissatisfied with the Service within the first 30 days after purchase, EAS, Inc. will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers after 30 days of purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at EAS, Inc. sole discretion. If EAS, Inc. determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 30-day money back guarantee, email email@example.com.
3. Intellectual Property Rights
3.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by EAS, Inc., you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below). The technology and software underlying the Service or distributed in connection therewith are the property of EAS, Inc., our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by EAS, Inc.
4. Participant Feedback, Testimonials, and Endorsements:
4.1 Feedback: You acknowledge and agree that any comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to EAS, Inc, its affiliated companies or partners are non-confidential and EAS, Inc., its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
4.2 Testimonials, Endorsements, Recordings, Etc.: As part of your participation in Babyproofing Your Relationship, you may be asked to participate in testimonials, endorsements, recordings, etc. Participation is voluntary, at your sole-discretion, and may be subject to additional Releases.
5. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. EAS, Inc. has no control over such sites and resources and EAS, Inc. is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that EAS, Inc. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that EAS, Inc. is not liable for any loss or claim that you may have against any such third party.
6. Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold EAS, Inc. and its affiliates and their officers, facilitators, employees, directors, contractors, and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury, including any physical or psychological injury (including paralysis and death), damages or economic or emotional loss (including, but not limited to, divorce) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
7. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, EAS, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EAS, Inc. MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR DESIRED OUTCOME.
8. Limitation of Liability
You are aware of the risks associated with participating in Babyproofing Your Relationship, which include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, economic or emotional loss and/or death. You understand that these injuries or outcomes may arise from: your own or other’s actions, inaction, or negligence; and/or conditions of the program. Nonetheless, you assume all related risks, both known or unknown to you, of your participation in this Program.
You acknowledge that during or after the course of the Program, the facilitators/instructors may refer you to other professionals. It is your decision whether to obtain the services of these other professionals. You accept all responsibility for association with other professionals and agree that in no way shall EAS, Inc. be liable for any injury, claim or right of action arising out of your association with other professionals referred to me by EAS, Inc.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EAS, Inc. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL EAS, Inc. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FOR THE COURSE ($175).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
9. Binding Arbitration
If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org, and provide a brief, written description of the dispute and your contact information. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly with each other. Good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Alameda County, California before one, mutually agreed-upon, arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You agree that EAS, Inc., in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, if EAS, Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. EAS, Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that EAS, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that EAS, Inc. will not be liable to you or any third party for any termination of your access to the Service.
11. Disputes Between Users
You agree that you are solely responsible for your interactions with any other user or participant in connection with the Service and EAS, Inc. will have no liability or responsibility with respect thereto. EAS, Inc. reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and EAS, Inc. and govern your use of the Service, superseding any prior agreements between you and EAS, Inc. with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content, or third party software.
These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 9 above, you and EAS, Inc. agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Alameda County, California.
The failure of EAS, Inc. to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.