Terms of Service
Last Revision: September 30, 2023
This website is operated by Graceful Birth Pools. Throughout the site, the terms “we”, “us” and “our” refer to Graceful Birth Pools. Your access or use of the website indicates that you have read, understand, and agree to be bound by these terms, conditions, policies, and notices stated here. We may change these terms of service at any time without notice, effective upon its posting to the website. Your continued use of the website will be considered your acceptance of the revised Terms of Service.
By visiting our site and/or purchasing a rental from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, without limitation.
1. INTELLECTUAL PROPERTY
Ownership: The content, including but not limited to text, graphics, images, videos, logos, trademarks, and any other materials displayed or made available on this website ("Content"), is the intellectual property of Graceful Birth Pools or its licensors and is protected by applicable intellectual property laws.
Limited License: By accessing this website, Graceful Birth Pools grants you a limited, non-exclusive, non-transferable, revocable license to view and use the Content for personal and non-commercial purposes only. You may not copy, reproduce, modify, distribute, display, perform, transmit, or otherwise exploit the Content without prior written consent from Graceful Birth Pools.
Copyright Infringement: Graceful Birth Pools respects the intellectual property rights of others and expects the same from its users. If you believe that any content on this website infringes your copyright, please notify us in writing, providing the following information: (a) identification of the copyrighted work; (b) identification of the infringing material; (c) your contact information; (d) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner; and (e) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Trademarks: The trademarks, service marks, logos, and trade names displayed on this website are owned by Graceful Birth Pools or its licensors. You are prohibited from using any trademarks without the prior written consent of Graceful Birth Pools or the respective trademark owners.
Linking and Framing: You may not create a link to this website without prior written consent from Graceful Birth Pools. Framing or embedding any part of this website within another website is also strictly prohibited.
Third-Party Intellectual Property: This website may contain materials and content owned by third parties. The use of such third party intellectual property is subject to the terms and conditions set by those third parties, and you are solely responsible for complying with any such terms.
Reservation of Rights: All rights not expressly granted in these terms of service are reserved by Graceful Birth Pools.
Modifications: Graceful Birth Pools reserves the right to modify or update this Intellectual Property Clause at any time without prior notice. It is your responsibility to review this clause periodically for any changes made.
By using this website, you acknowledge and agree to abide by this Intellectual Property Clause.
2. GENERAL
We reserve the right to refuse service to anyone for any reason at any time. We may, in our sole discretion, limit or terminate access to our website and its services without prior notice or liability. This includes but is not limited to, situations where we believe that a user's activities on our website violate applicable laws or infringe upon the rights of others.
We also reserve the right to refuse service to any user who fails to comply with our website's terms of service or any other applicable policies. This includes violations such as copyright infringement, unauthorized use of our intellectual property, or breach of any other obligations outlined in our terms.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. ACCURACY OF INFORMATION
We make every effort to ensure that the information on our website is accurate, complete, and up-to-date. However, we cannot guarantee the absolute accuracy, completeness, or timeliness of the information provided. The content on our website is for general informational purposes only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the information provided is at your own discretion and risk.
We reserve the right to modify or update the content on our website at any time without prior notice. It is your responsibility to periodically review the information for any changes. While we strive to provide accurate and reliable information, we do not warrant or represent that the content on our website is free from errors, omissions, or inaccuracies. We disclaim any liability for any loss or damage arising from reliance on the information provided on our website.
You acknowledge that the information on our website may be outdated or contain inaccuracies, and you should independently verify any information before relying on it. You agree that we shall not be held responsible or liable for any inaccuracies or errors in the content, or for any loss or damage resulting from your use of or reliance on the information. You agree that it is your responsibility to monitor changes to our site.
4. MODIFICATION OF RENTAL SERVICE AND PRICES
Prices for our rentals are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. THIRD-PARTY LINKS
Our website may contain links to third-party websites or services that are not owned or controlled by us. We do not endorse, guarantee, or assume responsibility for the accuracy, completeness, or authenticity of any content, products, services, or information available on these third-party websites. We shall not be held liable or responsible for any damages, losses, or expenses caused or alleged to be caused by the use of or reliance on any content, products, services, or information available on or through these third-party websites.
6. AFFILIATE LINKS
Our website may participate in affiliate marketing programs and may earn a commission on any purchases made through links provided on our website. We may include affiliate links to various third-party products or services on our website. These affiliate links are embedded in our content and do not affect the price or the quality of the product or service being offered. We cannot guarantee the availability, accuracy, or quality of the products or services offered by third parties, as we are not responsible for their content or activities. By accessing and using our website, you acknowledge and agree that any purchases made through these affiliate links are solely between you and the third-party vendor. We shall not be held responsible or liable for any disputes, damages, or losses resulting from these transactions. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
7. USER SUBMISSIONS
Any content, information, or materials you submit or post on this website, including but not limited to feedback, suggestions, ideas, or any other submissions ("User Submissions"), shall become the property of Graceful Birth Pools. By submitting User Submissions, you grant Graceful Birth Pools a worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Submissions in any media now known or hereafter developed.
8. PERSONAL INFORMATION
Submission of personal information is governed by our Privacy Policy, which can be viewed on our Privacy Policy page.
9. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to attempt to gain unauthorized access to other users' accounts, system passwords, or sensitive information; (c) to perform hacking, phishing, and any other malicious activities; (d) to distribute malicious software, viruses, worms, Trojan horses, or any other harmful or disruptive code that may damage or interfere with the functionality or security of our website; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (f) for sending unsolicited messages, advertising, or promotional content (spam) through our website including phishing attempts, such as impersonating our brand or attempting to deceive users into providing their personal information; (g) to submit false or misleading information; (h) to collect or track the personal information of others; (i) to harass, threaten, or abuse other users. including posting or transmitting any content that is defamatory, hateful, racist, or discriminatory. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
10. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
We cannot guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. We also cannot ensure that the results obtained from using the Service will be accurate or reliable. We reserve the right to remove the Service for indefinite periods or cancel it at any time, without notifying you.
You acknowledge and agree that your use of the Service is at your sole risk. The Service and all products and Services provided through it are provided "as is" and "as available" for your use, without any representation, warranty, or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We, including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, revenue, savings, data, or replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service. This includes any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service.
In jurisdictions that do not allow the exclusion or limitation of consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Graceful Birth Pools, as well as our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your violation of these Terms of Service, or any legal violation or infringement of a third-party's rights.
12. SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it will still be enforced to the fullest extent permitted by applicable law. However, the unenforceable portion will be considered separate from these Terms of Service, and this determination will not affect the validity and enforceability of any other remaining provisions.
13. AGREEMENT
Prior obligations and liabilities will continue even after this agreement's termination. Either party can terminate these Terms of Service at any time. We may terminate the agreement if you don't comply with any of these Terms of Service. If we terminate, you'll still be responsible for amounts due up to the termination date. These Terms of Service, along with any policies or rules posted by us, govern your use of the Service. They supersede any prior agreements or proposals between you and us.
14. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
15. CONTACT
Questions in reference to the Terms of Service should be sent to: gracefulbirthpools@gmail.com