Effective Date: 2/1/2023
Welcome to the SMC Doula Network, which is owned and operated by SMC Full Circle Doula Birth Companion Training, LLC., an Oregon Limited Liability Company (referred to as “SMC,” “the Company,” “We,” or “Us”) of Portland, Oregon in the United States of America.
THESE TERMS GOVERN YOUR ACCESS AND USE OF THE SERVICE WHETHER AS A VISITOR, GUEST, SUBSCRIBER, CUSTOMER, STUDENT, OR A REGISTERED USER WITH A PROFILE OR ACCOUNT.
CHILDREN’S PRIVACY AND USE OF OUR SERVICE
Our Service is not intended for nor targeted toward children under the age of eighteen (18). We do not knowingly collect personal information as defined by the United States Children’s Online Privacy Protection Act (“COPPA”) from children under the age of eighteen (18), and if we learn that we have collected such information, we will delete the information in accordance with COPPA. If you are a child under the age of eighteen (18), you are not permitted to use the Service and should not send any information about yourself to us through the Service. If you are a parent or guardian and believe we have collected information in a manner not permitted by COPPA, please contact us via email at firstname.lastname@example.org.
The Service is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with SMC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
ACCESS AND SECURITY
SMC reserves the right to withdraw or amend this Service, and any service or material we provide through the Service, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users with a profile.
You are responsible for:
- Making all arrangements necessary for you to have access to the Service.
- If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your profile and account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
SMC reserves the right to access individual users’ accounts or profiles for technical and administrative purposes and for security reasons. The information obtained in such a manner will not be processed or made available to third parties unless required by law.
PROFILE AND ACCOUNT INFORMATION
INTELLECTUAL PROPERTY RIGHTS
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SMC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may store files that are automatically cached by your browser for display enhancement purposes. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you maye take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Service.
- Use any illustrations, photographs, video or audio sequences or any graphics without prior written permission from SMC.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Service
- You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.
If you wish to make any use of material on the Service other than that set out in this section, please address your request to email@example.com.
SMC Full Circle Doula Birth Companion Training and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.
PROHIBITED AND UNLAWFUL USE OF THE SERVICE
You agree not to use the Service:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation. or attempt to impersonate the Company, or Company employee; any governmental authority, health care organization/provider, educational institution, or another user or any other person or entity (including, without limitation, by using e-mail addresses or profile names associated with any of the foregoing).
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or profile names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.
Additionally, you agree not to:
- Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
- Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service. This includes the prohibited use of any automated scripts to unlock profiles, scrape the Service, or to access any subscription-based content.
- Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with proper functionality of the Service.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with Service functionality.
If you observe any user of the Service to be in violation of any of these prohibited uses, please let us know by clicking here.
USE OF THE SMC DOULA NETWORK BY CERTIFIED OR PROVISIONALLY CERTIFIED SMC DOULAS
Specifically, you agree not to:
- Represent that SMC has endorsed you, your organization, or offerings.
- Represent that SMC has any affiliation with you, your organization, or offerings.
- Sell, share, rent, barter, or otherwise transfer any data or information you gain or receive as a result of your use of Service.
- Violate any state, federal, or other laws and regulations as they pertain to student privacy, children’s privacy, email marketing, telemarketing sales calls, the placement of automated telephone calls, or the transmission of SMS or text messages.
- Use the Service or any data received from the Service to directly or indirectly violate any statutory rights granted to any other user including but not limited to those governing civil rights, discrimination of any kinds, student disabilities, educational record privacy, credit reporting, digital privacy, child welfare, and/or any provision or resulting regulation of the Higher Education Act of 1965 as well as any successive reauthorization.
- Use the Service or any data received as a result of the Service to market or promote any other institution, organization, cause, offering, products, or services other than your own.
- Take any actions to frustrate, impede, or interrupt the relationships that SMC enjoys with any of its users or partners.
- Use the Service to request any personally identifiable or financial information from any user of the Service.
- Take any measures designed to annoy, vex, threaten, or harass any other user of the Service. This includes the transmission or posting of any words, images, or other thing that discriminates against and is likely to offend any other individual or class of individuals based on race, ethnicity, national origin, gender identity, sexual orientation, disability, age, or religion
- Allow any data or access you obtain via the Service to be compromised or accessed by any unauthorized parties. In the event of any unauthorized access to any data you gained from use of the Service, you agree to immediately notify SMC in writing of any breach.
- Provide any form of mental health or emotional wellness counseling, advising, coaching, or therapy via the Service.
- Provide any form of medical advice via the Service.
Parts of our Service may permit you to submit reviews, newsfeeds, articles, ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information for public availability (collectively, “User Content”), such as on message boards or your personal profile, and in association with your SMC profile/account.
Any User Content you post or otherwise share within the Service, including but not limited to content you add to your profile or other user profiles or in one-on-one messages with other users or persons, will be considered non-confidential and non-proprietary. By providing any User Content on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a perpetual, irrevocable, worldwide, paid-up, non-exclusive license and right, including the right to sublicense to third parties, to use, reproduce, fix, adapt, modify, translate, reformat, create derivatives works from, publish, sell, license, sublicense, transfer, rent, lease, transmit, publicly perform, publicly display, distribute, or provide access to electronically broadcast, display, perform, enter into computer memory; and the right to use and practice such User Content online or offline in any media format (currently existing or hereinafter developed) as well as modified and derivative works thereof for any purpose, and may or may not attribute it to you.Please keep in mind that if you share User Content, others have the ability to access and share it with third parties. SMC is not responsible for the privacy, security, accuracy, use, or misuse of any User Content that you disclose or receive from third parties via our Service.
In sharing or posting any User Content, you represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- You understand and acknowledge that you bear full responsibility for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
- We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Service.
MONITORING, ENFORCEMENT & TERMINATION
SMC has the right to take any of these actions at its sole discretion and with or without notice to you or any other user or party:
- Remove or refuse to post any User Content for any or no reason at our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You understand and acknowledge that SMC does not review all material, including but not limited to User Content or content provided by third parties or other users, before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. SMC shall assume no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
SMC CONTENT STANDARDS
These content standards apply to any and all User Content and use of all Interactive Services including, but not limited to, social media features of the Service. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, ethnicity, religion, nationality, disability, gender identity, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering, advertising, or promotion of any commercial product/service.
- Solicit donations, funds, contributions, or monies.
- Provide any sort of medical guidance or advice.
- Misrepresent any professional license you hold.
- Provide any form of mental health counseling.
- Give the impression that they emanate from or are endorsed by SMC, without the express written permission of the Company or any other person or entity, if this is not the case.
- Share any information or content that includes any personally identifiable information (“PII”) including, but not limited, driver’s license numbers, social security numbers, passport numbers, bank account information, credit/debit card information, security codes, password/passcodes, addresses, telephone numbers, education records, personal health record, credit reporting, financial documents of any kind, and/or any other information that would be reasonably construed as personal or private – whether you are entitled to share the information or not.
If you believe any user of the Service to be in violation of our Content Standards, please let contact us at firstname.lastname@example.org.
USER CONTENT AND COPYRIGHT INFRINGEMENT
If you believe that any User Content violates your copyright, please contact us immediately by email at email@example.com or by mail:
SMC Full Circle Doula Birth Companion Training, LLC
Attention: Compliance Officer
3519 NE 15th Avenue
Portland, OR 97212
It is the policy of the Company to terminate the user accounts and profiles of repeat infringers.
RELIANCE ON INFORMATION PRESENTED ON THE SERVICE
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
This Service includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE SERVICE & CONTENT
We may update the content and features on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material. SMC also has the right, at its sole discretion, to adjust its pricing and features of any of its services at any time with or without notice.
INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICE
LINKING TO THE SERVICE AND SOCIAL MEDIA FUNCTIONALITY
You may link to our Service or any applicable component thereof (e.g. smcdoulas.com), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Service may provide certain social media features that enable you to:
- Link from your own or certain third-party Services to certain content on this Service.
- Send e-mails or other communications with certain content, or links to certain content, on this Service.
- Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party websites or services.
- You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any Service that is not owned by you.
SMC may disable all or any social media features and any links at any time without notice in its sole discretion.
LINKS FROM OUR SERVICE TO THIRD PARTY WEBSITES AND SERVICES
If the Service contains links to other sites and resources provided by third parties such as websites, landing pages, applications, etc., these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites or services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.
GEOGRAPHIC RESTRICTIONS & INTERNATIONAL USE
SMC servers and operations are based in the United States of America. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF ANY AND ALL WARRANTIES
You understand that we cannot and do not guarantee or warrant that files, content, applications, etc. available for downloading from the internet or the Service will be free of viruses or other destructive code. You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data.
YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SMC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE AS IT RELATES TO ANY PORTION OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY CONNECTIONS YOU MAKE USING THE SERVICE WITH ANY PROVISIONALLY CERTIFIED OR CERTIFIED DOULAS WHO USE THE SERVICE. SMC MAKES NO REPRESENTATIONS OR WARRANTIES AS IT RELATES TO EFFECTIVENESS, FITNESS, EXPERTISE, SUITABILITY, PROFESSIONAL EXPERIENCE, BACKGROUND, OR COMPETENCE OF ANY USER OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, ANY PROVISIONALLY CERTIFIED OR CERTIFIED DOULAS YOU CONNECT WITH THROUGH THE SERVICE.
IF YOU USE THE SERVICE TO CONNECT WITH ANY SMC CERTIFIED OR PROVISIONALLY CERTIFIED DOULA, YOU ARE STRONGLY ADVISED TO CONDUCT YOUR OWN DUE DILIGENCE BEFORE HIRING OR UTILIZING ANY DOULA, WHETHER OT NOT THEY ARE A CERTIFIED BY SMC OR A USER OF THIS SERVICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SMC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, CONSULTANTS, AND THEIR OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE, ANY CONNECTIONS YOU MAKE THROUGH THE SERVICE, OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR SMC IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, MOBILE DEVICES, MOBILE APPLICATIONS, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT, THIRD-PARTY OR OTHERWISE, OR ANY OTHER EVENTS WHATSOEVER. WITHOUT LIMITING THE FOREGOING, SMC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICE, PRODUCTS OR WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO SMC DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.
DISPUTE RESOLUTION AND GOVERNING LAW
- Class Action Waiver. You and SMC agree that any arbitration shall be limited to the claims and disputes between SMC and you individually. TO THE FULL EXTENT PERMITTED BY LAW: (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND C) THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIMS OR DISPUTES TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER MEANS.
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
FOR ADDITIONAL INFORMATION
This Service is operated by SMC Full Circle Doula Birth Companion Training, LLC. All notices of copyright infringement claims and all other feedback, comments, requests for technical support and other communications relating to the Service should be directed to firstname.lastname@example.org.
Thank you for using SMC and the Service.