Agreement between User and VBAC Facts
Welcome to VBAC Facts. The term “VBAC Facts” comprises the vbacfacts.com website, the academy.vbacfacts.com, the online academy, VBAC Facts Consulting Services, VBAC Facts Training, VBAC Facts Facebook Groups, and VBAC Facts social media accounts, including Twitter, Instagram, Facebook and the VBAC Facts email list (jointly designated as “Services” or, singularly, as a “Service”). These Services are comprised of various web sites, web pages, online courses, consulting services, in-person trainings, Facebook groups, social media accounts, and email subscription services operated by Jen Kamel, Founder of VBAC Facts (the “Author”). As used herein, the term “VBAC Facts” includes Ms. Kamel, as Founder and Author, and the terms “we,” “us,” and “our” are intended to reference, and do reference, VBAC Facts and Ms. Kamel. Persons who interact with VBAC Facts with respect to any of the Services, in any capacity other than as “Suppliers,” will be designated by the term “User.” The term “you” and “your” are intended to reference and do reference the User. Services are offered to you, as a User, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
BY ENGAGING IN SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
- Medical advice disclaimer
Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should consult a qualified health professional in all matters relating to your health. Never delay in seeking professional medical advice because of information shared via Services. If you think you may have a medical emergency, call your doctor or midwife or 911 immediately. Reliance on any information shared via Services, others commenting on Services, or others appearing in Services is solely at your own risk. You hereby agree that you shall not make any health- or medical-related decision based in whole or in part on anything provided by Services.
VBAC Facts does not recommend or endorse any specific tests, physicians, midwives, healthcare facilities, products, procedures, opinions, or other persons, items, or information that may be mentioned on the various VBAC Facts websites or social media platforms. Reliance on any information provided by Services, including information or opinions posted by consumers, health professionals, health care experts, or by any other persons who have contributed information or opinions appearing on Services, either at the invitation of VBAC Facts or on their own initiative, or by any other visitors to the various VBAC Facts websites or social media platforms, is solely at your own risk.
Users are reminded that even comments made or opinions expressed by healthcare professionals and health care experts are provided for informational purposes only, and are not medical advice. User acknowledges that VBAC Facts is not responsible for the comments made by any other person or entity on any of the Services.
- Liability disclaimer
SERVICES MAY INADVERTENTLY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. VBAC FACTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO SERVICES AT ANY TIME.
VBAC Facts and its representatives shall have the right (but not the obligation) in their sole discretion to reclassify or otherwise change, edit, or amend any content within the Services that is available via the Services. Without limiting the foregoing, the VBAC Facts and its representatives shall have the right to remove any Content that violates the Terms of Service (TOS).
VBAC FACTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF SERVICES, OR OF ANY SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED IN SERVICES, FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VBAC FACTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- No unlawful or prohibited use/Intellectual Property
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
l content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of VBAC Facts or its suppliers and, as such, is protected by copyright, trademark, Service mark, and other laws, statutory and common law, that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, Service mark, and other proprietary notices, legends or other restrictions contained in any such content, and to make no changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. VBAC Facts content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content. User will use protected content solely for your personal use. User will make no other use of the content without the express written permission of VBAC Facts and the copyright owner, and will not delete or alter in any manner the insignia or symbols denoting proprietary rights or attribution notices of any content. You agree that you do not acquire any ownership rights in any protected content. Neither VBAC Facts nor its proprietor, Jen Kamel, grant you any licenses, express or implied, to the intellectual property of VBAC Facts or of its licensors except the revocable limited license expressly authorized by these Terms.
- If you believe your copyright has been infringed
If you own a copyright or trademark (or you are authorized to act on a owner’s behalf) and believe that your copyright or trademark has been infringed upon by VBAC Facts, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement.
310 N Indian Hill Blvd #116
Claremont, CA 91711
Attn: Jen Kamel
VBAC Facts will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA.
- Comment policy
Comments to website posts, social media posts, Facebook groups and to online lectures are encouraged. Comments on vbacfacts.com are moderated, meaning comments submitted are only visible to the public upon approval of VBAC Facts. VBAC Facts’ various social media accounts, Facebook groups and online trainings comments are unmoderated, meaning that as soon as the commenter publishes their comment, it is visible to the public in the case of social media, and other online training attendees in the case of online trainings, and other VBAC Facts customers in the case of Facebook groups. However, these comments are still subject to the comment policy and may be deleted if they do not adhere to it.
Respectful comments that contribute to the topic at hand will generally be accepted.
The Services will not publish comments that, in the Author’s sole opinion, fall under the following categories:
- are snarky, trolling, off-topic, libelous, defamatory, abusive, harassing, threatening, profane, pornographic, offensive, false, misleading, or that otherwise violates or encourages others to violate the Author’s sense of decorum and civility;
- make the same point repeatedly or are excessively long;
- “spam,” i.e., an attempt to advertise, solicit, or otherwise promote goods and services;
- contain off-topic hyperlinks;
- violate any law, including intellectual property laws.
The Author reserves the right to delete any comment, for any reason, at any time.
Repeat offenders may be banned from participating in online discussions on vbacfacts.com or VBAC Facts’ various social media sites or removed from VBAC Facts’ Facebook groups.
If you share any health-related information about yourself or anyone else during the course of using Services, you do so at your own risk.
HIPAA. User is also reminded that neither VBAC Facts nor any person associated with Services is a health professional with whom User has a professional relationship. Therefore, the federal Health Insurance Portability and Accountability Act (“HIPAA”) and state law provisions governing the privacy of User’s Protected Health Information (“PHI”) do not apply to VBAC Facts nor to any persons involved or affiliated with VBAC Facts, including any health professionals who might contribute or otherwise provide information or opinions to any of the Services. Your sole option in order to protect your PHI from disclosure, is to refrain from providing any PHI of yourself or any other person on any of the Services.
- Electronic Communications
Using Services constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that are provide to you by or through Services electronically, both via email and online, satisfy any legal requirement that such communications be in writing.
VBAC Facts does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use Services only with permission of a parent or guardian.
- Links to third party sites/Third party services
Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of VBAC Facts and VBAC Facts is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VBAC Facts does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that VBAC Facts and its representatives shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third party sites or resources, or any goods or services available on or through any such site or resource.
VBAC Facts is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VBAC Facts of the Services or any association with its operators.
Certain services made available via vbacfacts.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the vbacfacts.com domain, you hereby acknowledge and consent that VBAC Facts may share such information and data with any third party with whom VBAC Facts has a contractual relationship to provide the requested product, service or functionality on behalf of vbacfacts.com users and customers.
- Use of communication services
The Services may contain Facebook groups, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services;
- violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
VBAC Facts has no obligation to monitor the Communication Services. However, VBAC Facts reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. VBAC Facts reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
VBAC Facts reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in VBAC Facts’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. VBAC Facts does not control or endorse the content, messages or information found in any Communication Service and, therefore, VBAC Facts specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized VBAC Facts spokespersons, and their views do not necessarily reflect those of VBAC Facts.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
- Materials provided to VBAC Facts or shared via Services
VBAC Facts does not claim ownership of the materials you provide to VBAC Facts (including feedback and suggestions) or post, upload, input or submit to any VBAC Facts website or our associated Services (collectively “Submission” or “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting VBAC Facts, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. VBAC Facts is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in VBAC Facts’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
- Third Party Accounts
You will be able to connect your VBAC Facts account to third party accounts. By connecting your VBAC Facts account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
- International Users
The Service is controlled, operated and administered by VBAC Facts from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the VBAC Facts Content accessed through vbacfacts.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- Users Who Reside in California
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by VBAC Facts, 310 N Indian Hill Blvd #116, Claremont, California 91711. If you have any questions, concerns, or complaints regarding the Services, please contact VBAC Facts by either sending: (i) an email to firstname.lastname@example.org; or (ii) a letter, first class certified mail, to VBAC Facts, 310 N Indian Hill Blvd #116, Claremont, California 91711, Attn: Member Services.
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
You agree to indemnify, defend and hold harmless VBAC Facts, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. VBAC Facts reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VBAC Facts in asserting any available defenses.
- Changes to Terms
VBAC Facts reserves the right, in its sole discretion, to modify and restate the Terms under which Services are offered. The most current version of the Terms will supersede all previous versions. VBAC Facts encourages you to periodically review the Terms to stay informed of our updates.Your continued use of Services after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.
- Term of Agreement and Access; Modification, Limitation, Discontinuance, and Termination of Services
The Term of this Agreement and of User’s access to the Services will be in effect and continue so long as User is engaging in Services and abiding by these Terms and Conditions. VBAC Facts reserves the right, in its sole discretion, to terminate this Agreement, your Account, and your access to the Services without notice.Termination of your account will include removal of your access to all offerings of the Services, deletion of your password, and deletion of all related information and files, and may include deletion of the Content associated with your account (or any part thereof) and barring your further use of the Services.
VBAC Facts also reserves the right at any time to limit access to, modify, change, suspend, or discontinue the Services, with or without notice to you, and neither VBAC Facts nor Jen Kamel will be liable to you for any such limitation, modification, change, suspension, discontinuance, or termination of the Services. You agree that:
(a) VBAC Facts will not be liable to you or to any third party for any such limitation, modification, change, suspension, discontinuance, or termination of the Services;
(b) VBAC Facts may establish general practices, policies and limits, which may or may not be published, concerning the use of Services;
(c) VBAC Facts has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Even if your access to Services is modified, limited, changed, suspended, discontinued, or terminated, you will continue to be bound by the provisions of these Terms and Conditions with respect to any use you may have made of the Services prior to any such modification, limitation, change, suspension, discontinuance or termination of Services.
- Basic Terms and Conditions.
Choice of Law and Venue. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
No Relationship Created. You agree that no joint venture, partnership, employment, or agency relationship exists between you and VBAC Facts as a result of this agreement or use of the Services. VBAC Facts’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of VBAC Facts’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by VBAC Facts with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and VBAC Facts with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VBAC Facts with respect to Services. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish to the parties that this agreement and all related documents be written in English.
VBAC Facts welcomes your questions or comments regarding the Terms:
310 N Indian Hill Blvd #116
Claremont, California 91711
Email Address: Info@vbacfacts.com
Effective as of November 28, 2007