TERMS & CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
By using this site, you agree to these Terms and Conditions of Use (also called Terms and Conditions). Unless you agree to all of these Terms and Conditions of Use, do not use this site.
BirthGuide, LLC. (“BirthGuide”) may revise and update these Terms and Conditions at any time. Your continued use of the BirthGuideChicago.com website (“BirthGuide Site,” or the “Site,”) will mean you accept those changes.
THE SITE DOES NOT OFFER MEDICAL ADVICE
The contents of the BirthGuide Site, such as the questionnaire, provider database, text, graphics, images, and all other material contained on the BirthGuide Site (“Content”), are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, midwife or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the BirthGuide Site.
BirthGuide is designed to help you think through your own preferences and priorities, ask questions of your health care providers, and make informed decisions about what kind of care you want. BirthGuide offers information without taking into account your health, medical status, medical conditions or risk factors. Your health and medical status, including medical conditions or risk factors, affect what birth settings or providers are appropriate for you. BirthGuide does not have any information about or take into account your health, medical status, medical conditions or risk factors. Only you and your medical providers can decide what care is appropriate for you and your baby. You are responsible for your own decisions about your care in consultation with your health care providers.
BirthGuide does not recommend or endorse any specific hospitals, birth centers, doctors, midwives or other practitioners, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by BirthGuide, BirthGuide employees, others appearing on the Site at the invitation of BirthGuide, or other visitors to the Site is solely at your own risk.
USE OF MATERIALS
All materials posted on this website are protected by the copyright laws in the United States and in foreign countries. BirthGuide authorizes you to view or download a single copy of the material on the BirthGuide Site solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2018, BirthGuide, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content.
Title to the materials remains with BirthGuide or its licensors. Any use of the materials not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of BirthGuide. All rights not expressly granted herein are reserved to BirthGuide and its licensors.
If you violate any of these Terms and Conditions, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.
LIABILITY OF BIRTHGUIDE AND ITS LICENSORS
The use of the BirthGuide Site and the Content is at your own risk.
When using the BirthGuide Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of BirthGuide and its suppliers. Accordingly, BirthGuide assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the BirthGuide Site.
The BirthGuide Site and the content are provided on an “as is” basis. BirthGuide, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, BirthGuide, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the BirthGuide Site or BirthGuide.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the BirthGuide Site.
In no event shall BirthGuide, its licensors, its suppliers, or any third parties mentioned on the BirthGuide Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the BirthGuide Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not BirthGuide, its licensors, its suppliers, or any third parties mentioned on the BirthGuide Site are advised of the possibility of such damages. BirthGuide, its licensors, its suppliers, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. BirthGuide, its licensors, its suppliers, or any third parties mentioned on the BirthGuide Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or any content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES
BirthGuide may provide links to third-party web sites. BirthGuide also may select certain sites as priority responses to search terms you enter and BirthGuide may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. BirthGuide does not recommend and does not endorse the content on any third-party websites. BirthGuide is not responsible for the content of linked third-party sites, sites framed within the BirthGuide Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. BirthGuide does not endorse any product, service, or treatment advertised on the BirthGuide Site.
You agree to defend, indemnify, and hold BirthGuide, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
BirthGuide is based in Illinois. BirthGuide makes no claims that BirthGuide and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access BirthGuide from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with BirthGuide, or in any way relating to your use of the BirthGuide Site, resides in the courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute including any claim involving BirthGuide or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
NOTICE AND TAKEDOWN PROCEDURES AND COPYRIGHT AGENT
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting BirthGuide using the Contact Us form and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Except as expressly provided in a particular “legal notice” on the BirthGuide Site, these Terms and Conditions constitute the entire agreement between you and BirthGuide with respect to the use of the BirthGuide Site, and Content.
Thank you for your cooperation. We hope you find the BirthGuide Site helpful. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form