At Tahda Baby, our goal is to foster a community dedicated to connecting with culturally competent birth and fertility healthcare providers. This Agreement outlines the Terms & Conditions governing your use of Tahda Baby’s offerings, including all products and services, websites, mobile and tablet versions, software, and applications. Collectively, these are referred to as the “Services” throughout this document.

 PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE SERVICES. THIS AGREEMENT CONTAINS TERMS THAT LIMIT OUR LIABILITY TO YOU AND GOVERN HOW WE HANDLE DISPUTES RELATED TO THE SERVICES, INCLUDING A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND TO PURSUE A CLASS ACTION.

 1. Acceptance of Terms

Hereby be it known and understood that the Services provided herein shall not be construed, interpreted, or deemed as a substitute for professional medical counsel, diagnosis, or treatment. The user is hereby advised and strongly encouraged to verify any and all information obtained through or from the Services with alternative sources and to consult with a qualified medical practitioner regarding any medical condition or proposed course of treatment. The user is explicitly cautioned against disregarding, postponing, or delaying the procurement of professional medical advice or treatment based on any content accessed or obtained through the Services.

For the purposes of this Agreement, the terms “Tahda Baby,” “us,” “we,” or “our” shall refer to Tahda Baby, Inc., the proprietor of the Services. Correspondingly, the terms “you,” “your,” “member,” or “visitor” shall refer to any individual accessing, utilizing, or viewing the Services. You must be at least the age of legal majority where you live (which is currently 18 years old in most states) to use our Services. If you do not accept the terms of this Agreement, you should leave the Services and discontinue use of the Services immediately.

2. Modification

 We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Services. You agree to be bound by any modification to this Agreement when you use the Services after any such modification is posted; it is therefore important that you review this Agreement regularly.

3. Important Healthcare Disclaimer

Please be aware of the following healthcare-related disclaimers that apply to the Services:

• THE MATERIALS, ARTICLES, AND OTHER INFORMATION MADE AVAILABLE ON OR THROUGH THE TAHDA BABY SERVICES IS FOR REFERENCE AND EDUCATIONAL PURPOSES ONLY. While we hope the information is useful in your healthcare journey, we do not intend the information to be complete or exhaustive or to provide any medical advice, diagnosis, or treatment.
• DO NOT CONSIDER OR RELY ON ANY SERVICES OR INFORMATION OFFERED BY TAHDA BABY AS PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT, INCLUDING ANY MENTAL HEALTH CONCERNS. Do not disregard, avoid, delay, or defer any treatment based on the Services or any information available therein. Nothing stated or posted on the Services, or made available through the Services, is intended to be, and must not be taken to be, the practice of medicine or other healthcare profession.
• IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. Always consult with a qualified and licensed physician or other healthcare professional and follow their advice without delay regardless of any of our content or services. Your use of the Services is solely at your own risk.
• NO DOCTOR-PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES. Healthcare professionals use the Services to share content with you, but your use of the content is not a substitute for healthcare. We encourage healthcare providers to use the Services responsibly, but we have no control over, and cannot guarantee, the availability of any healthcare provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom or related to you use of the Services.
• YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER. You are also responsible for determining whether the applicable healthcare provider is suitable for your healthcare needs based on specialty, experience, licenses, and other important qualifications.

4. Selection of Healthcare Providers

Tahda Baby or our designee takes certain limited steps to verify that healthcare providers listed on the Services hold certain active licenses, certifications, or registrations required by law to practice the specialties of services offered by them on the Services. We may, in our discretion, exclude healthcare providers from the Services who have engaged in inappropriate or unprofessional conduct.

 Some healthcare providers listed on the Services enter into contracts with us, and may pay us a fee in order to be marketed through or to use the Services. To help you find healthcare providers who may be suitable for your needs, and enable the maximum choice and diversity of healthcare providers participating in the Services, we will provide you with lists and / or profiles of healthcare providers. These results are based on information that you provide to us, such as insurance information, geographical location, and healthcare specialty. Note that Tahda Baby (a) does not recommend or endorse any healthcare providers, (b) does not make any representations or warranties with respect to these healthcare providers or the quality of the healthcare services they may provide, and through the Services.

5. Registration Requirements; Account Password and Security

As visitor or member you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website, Software Application and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tahda Baby reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) at any time. Use of the Services and membership on the Services is void where prohibited.

 As a visitor or member, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Tahda Baby of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another visitor or member’s account without prior authorization from Tahda Baby. Tahda Baby will not be liable for any loss or damage arising from your failure to comply with this Agreement.

6. Payments You Make Through the Services

Tahda Baby offers certain Services for a fee or other charge. By providing a credit card or other payment method accepted by us, you expressly agree that Tahda Baby (or our third-party payment processor) is authorized to charge your payment method for the total amount of the fees associated with your use of the Services, together with any applicable taxes. If your payment method cannot be verified, is invalid or is otherwise not acceptable, your purchase may be suspended or cancelled. You must resolve any problems with your payment method before we proceed with your purchase.

IF YOU REGISTER FOR A MONTHLY SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) TAHDA BABY (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY MANAGING YOUR SUBSCRIPTION IN YOUR ACCOUNT SETTINGS.

7. Your Privacy

Your privacy is important to us. Please review our Privacy Policy details how we may use and share the personal information we collect when you use the Services.

8. Your Use of the Services; Proprietary Rights of Tahda Baby Material

The Services may not be used in connection with any commercial purposes, except as specifically approved by Tahda Baby. Unauthorized framing of or linking to any of the Services is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of membership privileges.

All materials on the Services, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and / or other intellectual property rights owned and controlled by Tahda Baby or by third parties that have licensed or otherwise provided their material to Tahda Baby. You acknowledge and agree that all Materials on the Services are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Services, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Tahda Baby’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Services or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

9. Prohibited Conduct

You agree not to use the Services to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that:

• are patently offensive and / or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harass or advocate harassment of another person;
• exploit people in a sexual or violent manner;
• contain nudity, violence, pornography, sexually explicit material or offensive subject matter;
• provide any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
• promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• violate any intellectual property or other proprietary right of any third party, including content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• further or promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information from other Members;
• involve commercial activities and / or sales without Tahda Baby’s prior written consent, such as contests, sweepstakes, barter, advertising, and / or pyramid schemes;
• include a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
• denigrate, ridicule, or demeans another person; or
• contain a virus or other harmful component.

You also agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Tahda Baby servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. If you become aware of misuse of the Services by any person, please contact Tahda Baby.

10. User Submissions

You will have the opportunity to submit feedback regarding your experiences with healthcare providers you find through the Services, to submit inquiries concerning possible medical needs and to participate in the other interactive or community features of the Services (collectively, “User Submissions”). You, and not Tahda Baby, are entirely responsible for your User Submissions.

 By posting or making available any User Submissions on or through the Services, you hereby grant, and represent and warrant that you have the right to grant, to Tahda Baby a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, distribute, and otherwise make available such User Submissions on and through the Services without prior notification, compensation, or attribution to you, and without your consent.

 If you wish to remove any User Submissions from the Services, your ability to do so may depend on the type of User Submissions, the location and manner of posting, and other factors. You may contact us to request the removal of certain User Submissions, but Tahda Baby has no obligation to remove any such User Submissions, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such User Submissions and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Tahda Baby’s servers after the Content appears to have been removed from the Website or Software Application and Tahda Baby retains the rights to all such remaining copies.

Tahda Baby does not control the User Submissions posted on the Services and, as such, we do not guarantee the accuracy, integrity or quality of such User Submissions. You understand that by using the Services, you may be exposed to User Submissions that you deem offensive, indecent or objectionable. Under no circumstances will Tahda Baby be liable in any way for any User Submissions, including, but not limited to, any errors or omissions in any User Submissions, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

You acknowledge that Tahda Baby may or may not pre-screen User Submissions posted on the Services, but that Tahda Baby shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any User Submissions or portion thereof that is available via the Services, for any reason. Without limiting the foregoing, Tahda Baby shall have the right to remove from the Services any User Submissions that violate this Agreement or is otherwise objectionable in the sole discretion of Tahda baby

11. Independent Contractors

Any doulas, midwives or nurses (“Health Personnel”) that are matched with you are independent contractors and are not employees, agents, joint ventures or partners of Tahda Baby.  Health Personnel do not have any express or implied power to enter into any contracts or commitments or to incur any liabilities in the name of, or on behalf of, Tahda Baby, or to bind Tahda Baby  in any respect whatsoever.

12. DMCA Policy

If you believe your copyright-protected work was posted on Tahda Baby without authorization, you may submit a copyright infringement notification that includes the following information:

• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• The exact URL or a description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and easiest way to notify Tahda Baby of alleged copyright infringement is via our email hello@tahdababy.com

If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process.

Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.

13. Termination or Suspension of Account

You agree that Tahda Baby may at any time and for any reason, including a period of account inactivity, terminate your access to Tahda Baby Services, or restrict or suspend your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

14. Preservation/Disclosure

You acknowledge, consent and agree that Tahda Baby may access, preserve and disclose your account information and User Submissions if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any User Submissions violates the rights of third parties; (d) respond to your requests for customer services; (e) protect the rights, property or personal safety of Tahda Baby, its Members and the public; or (f) pursuant to the terms of the Privacy Policy.

15. General Disclaimer

The Services aims to improve patients’ healthcare experience. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Services, (b) what Material you access, (c) what effects the Material may have on you, (d) how you may interpret or use the Material, or (e) what actions you may take as a result of having been exposed to the Material. You release us from all liability for you having acquired, you having not acquired, or your use of Material. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.

THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. We make no, and hereby disclaim any, warranty of any kind, express or implied, including but not limited to the implied warranties of title, noninfringement, merchantability and fitness for a particular use or purpose as to the website, the content thereon and our services. Further, we disclaim any warranty that the Services will be available at all times or will operate without interruption or error, or will be free from defects. We make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the services or information provided through the site.

16. Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. In no event shall our cumulative liability to you for any and all claims relating to or arising out of your use of the Services, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to create or maintain an account with the Services, or (b) $100.

In no event shall we, or any of our officers, directors, employees, agents, and services providers, be liable for any damages you may suffer or cause through your use of the Services, even if advised of the possibility of such or for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use the Services. These limitations shall apply whether the asserted liability or damages are based in contract (including, but not limited to, breach of warranty), tort (including, but not limited to, negligence), statute or any other legal or equitable grounds.

If you are a California resident, you waive your rights with respect to 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.”

17. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) your use of the Services, or (b) the violation of this Agreement or of any intellectual property or other right of any person or entity, by you or any person using your account. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

18. Dispute Resolution; Governing Law; Class Action Waiver

If a dispute arises between you and us, we strongly encourage you to contact us directly through our contact page to seek resolution of your dispute. If you decide to bring an action against us, you agree:

• To resolve your disputes with us on an INDIVIDUAL BASIS;
• To WAIVE ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY; and
• To WAIVE YOUR RIGHT TO A JURY TRIAL on any disputes that may arise.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website or any content MUST BE FILED WITHIN ONE (1) YEAR after such claim or cause of action arose, or such claim or cause of action will be forever barred.

19. Governing Law

This Agreement is governed by and construed and enforced in accordance with the internal laws of the U.S. State of Louisiana without giving effect to the principles of conflicts of laws of such state) and are binding upon the parties hereto in the United States and worldwide. You and Tahda Baby agree to be subject to the jurisdiction of courts in the city of New Orleans, Louisiana.

20. Security Components

You understand that the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Tahda Baby and / or content providers who provide content to Tahda Baby. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Services.

21. Other Sites and Devices

The Services may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Tahda Baby does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of the Website does not imply Tahda Baby’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.

Please note that the availability of any Tahda Baby applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Tahda Baby and such social networking site, mobile or tablet device, or internet television or other technology platform.

22. International Use

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

23. Reservation of Rights

We reserve the right to modify or discontinue all or any part of the Services at any time in our sole discretion, with or without notice. We will not be liable to you or to any other user, if for any reason all or any part of the Services becomes unavailable at any time or in any location. Tahda Baby reserves all rights not expressly granted in and to the Services and Materials.

24. General Terms

The relationship of established between you and Tahda Baby under this Agreement is that of independent contractors, and neither party is a partner, employee, agent or joint venture partner of or with the other, and neither party has the right or authority to assume or create any obligation on behalf of the other party. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and be enforceable. This Agreement are the complete and exclusive statement of the terms and conditions governing your use of Services, and they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. We may assign or transfer this Agreement, in whole or in part, without restriction. You may not assign your rights or obligations under this Agreement.

25. Questions

If you have any questions or comments regarding this Agreement or the Services, feel free to contact us hello@tahdababy.com