WEBSITE & SMS TERMS OF USE


LAST MODIFIED: 12/02/2023

These Terms of Use form a contract between you and us that govern your use of our website and services, including SMS/texting and email communication. Because of that, we encourage you to read them closely and let us know if you have any questions.

Acceptance of the Terms of Use

These Terms of Use are entered into by and between You and Songbird Birth Services, LLC (”Company,” “we,” or “us”) and governs your access to and use of our website, including any content and services offered through it (our “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website or filling out the opt-in forms, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.songbirdbirth.com/privacy-policy and our Terms of Purchase and Refund Policy, found at www.songbirdbirth.com/terms-purchase.

If you do not want to agree to these Terms of Use or the Privacy Policy, your option is to not access or use our Website. By using this Website, you represent and warrant that you are 18 years of age or older and of legal age to form a binding contract with us.

Opting In

By checking the box on the opt-in form or registering for a product, you have agreed to receive communication from us via SMS/text, phone, or email. You may opt out any time by texting STOP or emailing us at support@songbirdbirth.com.

Frequency and Data Use

Frequency varies, but we aim to send messages relevant to what you enrolled in, downloaded, or expressed interest in. You can unsubscribe at any time. By signing up, you agree to accept the Data charges that may be associated with SMS. We typically send confirmation of purchase, updates, event details, and upcoming appointment details. There may be links in these messages to the applicable content.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time. Changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You will need to check this page from time to time so you are aware of any changes as they are binding on you.

Accessing the Website and Account Security

We reserve the right to change or delete our Website, and any service or product we provide through the Website, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

To access the Website or some of the resources it offers, you may be asked to register. It is a condition of your use of our Website that all the information you provide on the is correct, current, and complete. You agree that all information you provide to register with this Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with that Policy.

If you have a username and password to access parts of our Website, you must treat such information as confidential, and you must not disclose it to anyone else. You also acknowledge that your account is personal to you and agree not to provide any other person with access to it. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username or password at any time.

Intellectual Property Rights

Our Website and its entire contents (including but not limited to all information, text, displays, images, video, and audio, informational products and services, and design) are owned by us and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website. If you print, copy, modify, download, or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must return or destroy any copies of the materials you have made. No right, title, or interest in or to our Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of our Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

If you wish to make any use of material on our Website, please address your request to: support@songbirdbirth.com

Trademarks

Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without our prior written permission.

Disclaimer

The information presented on or through our Website 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.

Changes to the Website

We may update the content on this Website from time to time, but its contents are not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update it.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of good, services, or information formed through our Website, or resulting from visits made by you, are governed by our Terms of Purchase and Refund Policy https://www.songbirdbirth.com/terms-purchase which are hereby incorporated into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, 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, affiliation, or endorsement on our part without our consent.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and therefore if you decide to access any of the third-party websites linked on this Website, you do so entirely at your own risk.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant our Website will be free of viruses. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR DATA DUE TO YOUR USE OF THE WEBSITE, ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE.

YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS”. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, 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, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use are governed by and construed in accordance with the laws of the State of Massachusetts without giving effect to any choice or conflict of law provision.

The federal and state courts in Cambridge, Middlesex County, Massachusetts have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Class Action Waiver

If permitted by applicable law, each party waives the right to litigate in court or an arbitration proceeding any dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, it will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@songbirdbirth.com