Terms of Use

Last updated June 13, 2014

MamaViews.com, RateMyBabyNurse.com, and RateMyDoula.com (collectively, the “Site”) are websites owned and operated by RYBN LLC, a New York limited liability company (“RYBN”). All visitors of the Site that access any of its features or use or reference any of the services and information specified therein are required to adhere to our Terms of Use (“Terms of Use“). Persons who access or use this Site are sometimes referred to herein individually as a “user” and collectively as “users“. “You” and “your” refer to you as a user of the Site. By accessing the Site or submitting any report or other information or content to the Site, you indicate your acknowledgement and acceptance of these Terms of Use and any changes thereto which may hereafter be posted and are agreeing to a legally binding contract with RYBN. If you are unwilling or unable to be bound by these Terms of Use, do not access or use this Site.

 

Nature of Our Site

The Site is operated as an online platform that allows users to submit reports and other information on providers of baby nurse, doula, midwife, breastfeeding and childbirth class services (individually, a “Baby Nurse” or “Doula“ or “Midwife” or “Breastfeeding Support/Expert
or “Childbirth Class”, and collectively, “Baby Nurses” or “Doulas“ or “Midwives” or “Breastfeeding Support/Experts” or “Childbirth Classes”) based on personal experience (each such report and other information, a “Report“), and to participate in related online forums. The Site also allows Baby Nurses, Doulas, Midwives, Breastfeeding Support/Experts Childbirth Classes and other care providers the opportunity to submit and post certain individual background and other information (a “Provider Profile“). The Site is intended for and must only be used by individuals who are at least 18 years of age. You must create an account and provide certain information about yourself in order to access or use certain features of the Site. In all cases, you are responsible for any activities that occur in connection with your account and you agree to notify RYBN immediately of any unauthorized use of your account. RYBN reserves the right to close your account and/or limit your access to the Site at any time for any reason. As a condition to your use of this Site, you represent, warrant and covenant that (i) you are at least 18 years of age, and (ii) in establishing any account to access or use the Site, you have and will provide truthful information about yourself and will not create or use an account or provide information (e.g., email address) for anyone other than yourself, create multiple accounts or impersonate another person. The information you provide to RYBN may be shared with others. In this regard, please keep in mind that if you use a pseudonym or other fictitious name as a user name or otherwise for purposes of identifying yourself in submitting a Report or participating in any online forum, others may still be able to identify you in a variety of circumstances, including, but not limited to, by virtue of the content you include in any such Report or other submission or the use of a similar pseudonym or other name for other purposes. Please read the section below outlining our Privacy Policy.

RYBN itself is not an agency, broker or other representative of Baby Nurses, Doulas Midwives, Breastfeeding Support/Experts, Childbirth Classes or other care providers, and does not conduct independent screening, background reports, verification of credentials or other certifications of any kind, or referrals or recommendations regarding Baby Nurses, Doulas Midwives, Breastfeeding Support/Experts, Childbirth Classes and other care providers, including those Baby Nurses, Doulas, Midwives, Breastfeeding Support/Experts, Childbirth Classes and other care providers that have established a Provider Profile on the Site. Further, users of the Site should be aware that RYBN is not directly or indirectly (and shall not be deemed to be) a party to any transaction or interaction between or among users, including, but not limited to, users who may be seeking to engage Baby Nurses, Doulas, Midwives, Breastfeeding Support/Experts, Childbirth Classes or other care providers, such Baby Nurses, Doulas Midwives, Breastfeeding Support/Experts , Childbirth Classes or other care providers and each of their respective brokers, agents and other representatives. In this regard and without limitation of the release and disclaimers set forth below under the Sections below entitled “Disclaimer of Warranties; Limitation of Liability” and “Indemnification”, RYBN expressly DOES NOT (i) make any representation, express or implied, with respect to any Baby Nurse, Doula, Midwife, Breastfeeding Support/Expert and Childbirth Class Report, business that advertises on the Site or party which avails itself as a user of the Site, including, but not limited to, any advertiser of products and Baby Nurse, Doula Midwife, Breastfeeding Support/Expert and Childbirth Classes or other care provider services, users who are seeking to engage a Baby Nurse, Doula Midwife, Breastfeeding Support/Expert, Childbirth Classes or other care provider and users who have posted, submitted or transmitted to the Site Repots, Provider Profiles or other information in the forum sections of the Site; (ii) assume any responsibility for the accuracy, completeness, suitability, or usefulness of any information, opinions or advice which may be set forth on the Site, contained in any Report or Provider Profile and related content posted, submitted or transmitted to the Site or any advertisement appearing on the Site; (iii) ensure that any party to, or specific term or condition of, any transaction relating to the engagement of a Baby Nurse, Doula, Midwife, Breastfeeding Support/Expert, Childbirth Class or other care provider will comply with the obligations of such party or properly be discharged, or otherwise be responsible for any interaction by and among any users of the Site; (iv) investigate, verify credentials and other information of, or evaluate or recommend or endorse, any Baby Nurse, Doula, Midwife, Breastfeeding Support/Expert, Childbirth Class or other care provider or any user of the Site who may have submitted a Report, established a Provider Profile for display on the Site or is the subject of any such Report or Provider Profile, or may be seeking to engage in a transaction, with respect to any Baby Nurse, Doula, Midwife, Breastfeeding Support/Expert, Childbirth Class or other care provider; or (v) broker, lease or provide any Baby Nurses, Doulas, Midwives, Breastfeeding Support/Experts, Childbirth Classes or other care providers. Without limiting the foregoing, RYBN is under no obligation to become involved in any disputes between or among users of the Site or any other third parties, and all users release RYBN from any and all claims, demands and damages arising out of or in connection with such disputes. Without limiting the foregoing and the other provisions of these Terms of Use, any information or other content on this Site, including but not limited to the form of any Report, Provider Profile and the criteria utilized or set forth therein, is for information purposes only, and is not intended to replace or be a substitute for any professional medical, legal or other advice. Users who have specific concerns, preferences, requirements or questions regarding baby nurses, doulas, Midwives, Breastfeeding Support/Experts, Childbirth Classes and other care provider services should consult with appropriately trained and qualified professionals or specialists. ALL USERS OF THE SITE ARE URGED TO ENGAGE IN SUCH LAWFUL SCREENING, BACKGROUND AND REFERENCE CHECKS AND OTHER INVESTIGATIONS AS MAY BE REQUIRED OR APPROPRIATE PRIOR TO (I) ENGAGING OR OTHERWISE ENTERING INTO ANY TRANSACTION WITH RESPECT TO A BABY NURSE, DOULA, MIDWIFE, BREASTFEEDING SUPPORT/EXPERT, CHILDBIRTH CLASS OR OTHER CARE PROVIDER REGARDLESS OF THE NATURE OF ANY REPORT OR OTHER CONTENT RELATED TO SUCH BABY NURSE, DOULA, MIDWIFE, BREASTFEEDING SUPPORT/EXPERT AND CHILDBIRTH CLASS OR OTHER CARE PROVIDER THAT MAY BE POSTED ON OR SUBMITTED OR TRANSMITTED TO THIS SITE, AND (II) FURNISHING ANY BABY NURSE, DOULA, MIDWIFE, BREASTFEEDING SUPPORT/EXPERT, CHILDBIRTH CLASS OR OTHER CARE PROVIDER OR OTHER USER OF THE SITE, WITH ANY MONEY, FINANCIAL ACCOMMODATIONS OR PERSONALLY IDENTIFIABLE INFORMATION

User Content; Prohibited Activities

By posting, submitting or transmitting Reports, Provider Profiles and other text, content, ratings, reviews, messages, data, images, and other information to the Site, including but not limited to by way of participation in the forum sections of the Site (collectively, “User Content“), you hereby grant RYBN and its affiliates and service providers a royalty-free, worldwide, perpetual, irrevocable, fully transferable, fully sub-licensable, and fully paid right and license to copy, modify, publicly display, distribute, perform, create derivative works from, store and otherwise use and exploit all such User Content (including, if applicable in connection with the reproduction and distribution of the materials on the Site, the right to use your name and other information submitted or transmitted) in connection with the Site and for related online and offline promotional uses in any form, media, software, or technology of any kind whatsoever now existing or developed in the future. Your submission of any User Content to RYBN constitutes your representation and warranty to RYBN that:

  1. you have all necessary authority, rights and permissions to submit the User Content to RYBN for display on the Site and to grant the license specified in the immediately preceding sentence;
  2. the User Content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and does not include any confidential information about another person or personal or identifying information in violation of any legal, contractual or other obligations, including but not limited to the Health Insurance Portability and Accountability Act;
  3. the User Content does not and will not violate any applicable federal, state or local law or regulation or cause injury to any person;
  4. the User Content, to the extent constituting a Report, review or related information about a Baby Nurse, Doula, Midwife, Breastfeeding Support/Expert, Childbirth Class or other care provider is based on bona fide actual personal experience with the Baby Nurse, Doula, Midwife, Breastfeeding Support/Expert, Childbirth Class or other care provider in accordance with the purposes for which the Site is operated and for which no compensation was received, contains only such information as is necessary for such purposes, accurately describes information or your opinion relating to the Baby Nurse, Doula, Midwife, Breastfeeding Support/Expert, Childbirth Class or other care provider and does not misrepresent or falsely state any information provided therein;
  5. the User Content, to the extent constituting a Provider Profile, contains only information that is true, accurate, current and complete; and
  6. the User Content does not contain vulgar, racist, hateful, obscene, defamatory, libelous, threatening, harassing, abusive or other objectionable statements, illustrations or depictions and otherwise complies with all standards established by RYBN for the posting of the User Content.

Without limiting the foregoing, RYBN reserves the right to establish general standards for the submission of User Content and use of the Site as well as to prohibit certain activities. The following are certain activities that are expressly prohibited on or through use of the Site:

  1. posting, submitting or transmitting any User Content that violates the representations and warranties of any user as set forth in the immediately preceding paragraph of these Terms of Use;
  2. using the Site as a means to verify professional credentials of any Baby Nurse, Doula, Midwife, Breastfeeding Support/Expert, Childbirth Class or other care provider;
  3. using the submission of User Content or any portion of the Site (including forums) as a means to further, promote or engage in (A) patently offensive or illegal conduct or conduct that would constitute a breach of the user’s representations and warranties if expressly contained in the User Content, (B) activities that would threaten, harass, or stalk others or promote bigotry or discrimination, (C) business and other activities unrelated to the purposes of the Site, including sweepstakes, contests, lotteries and the advertising of pyramid and relationship schemes, (D) solicitation of inquiries from or conduct of transactions with minors, (E) solicitation of personally identifiable information, (F) transmission of unsolicited mass mailings, “junk mail” or “spam” mail to users or others, or (G) advertising and commercial activities competitive to or otherwise detrimental to RYBN;
  4. posting, submitting or transmitting User Content or account registration information that impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity or that employs misleading, forged or manipulated email addresses, headers or identifiers to disguise the origin of the User Content or other information submitted or transmitted to the Site;
  5. posting, submitting or transmitting User Content that contains hidden pages or images, or restricted or password only access pages;
  6. attempting to gain unauthorized access to the Site, user accounts, computer systems or networks to the Site through hacking, password mining or any other means, or posting, submitting or transmitting User Content that contains or incorporates any computer viruses, computer code or routines designed to capture any information relating to RYBN or other users of the Site (or their respective computer systems), Trojan horses, trapdoors, back doors, Easter eggs, worms, time bombs, cancel bots or other computer programming routines intended to interfere with, intercept or expropriate any system data;
  7. using any device, software or routine that is designed to interfere with the ordinary operation of the Site or copy, display or distribute any User Content or other information on the Site without authorization from RYBN or otherwise in violation of these Terms of Use;
  8. decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code of any software used in connection with the Site;
  9. employing any form of automated device or computer program enabling the posting, submission or transmission of User Content in bulk or at automatic intervals rather than via manual entry of each Report by the author thereof;
  10. reformatting or framing any portion of the Site; and
  11. attempting to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of content on the Site or features that enforce limitations or restrictions on the use of the Site.

All users shall be solely responsible for the content of their respective User Content submitted. Although RYBN cannot and does not review all Reports, Provider Profiles and other User Content submitted to the Site and is not responsible for the content in such Reports and other User Content, users hereby acknowledge and agree that RYBN reserves the right, in its sole discretion, and without prior notice to any user, to remove, edit or delete any Reports, Provider Profiles or other User Content submitted by the user, and to suspend or terminate a user’s account or continued access to or use of the Site, in the event RYBN believes or determines, in its sole discretion, that it is appropriate to do so, including, but not limited to, if RYBN determines that any such Reports, Provider Profiles or other User Content or the user’s access or use of the Site may (i) violate the Terms of Use in any manner, including, but not limited to, any representation and warranty with respect to User Content submitted by a user to RYBN or the restrictions on specified activities; (ii) violate any applicable law or regulation; (iii) violate any rights of RYBN and its affiliates, other users, or any other third party; (iv) constitute fraudulent or suspected fraudulent activity; or (v) be necessary to protect RYBN’s rights, reputation, property or that of our affiliates or the public. All users agree that RYBN shall not be liable for any such termination or other action, and further agree not to attempt to use the Site if such user’s account or access has been terminated or to resubmit any User Content that has been found to be objectionable or otherwise in contravention of these Terms of Use or the standards established for posting of User Content.

USERS ARE ALONE RESPONSIBLE FOR ANY REPORT, PROVIDER PROFILE OR OTHER USER CONTENT SUBMITTED OR TRANSMITTED TO THIS SITE AND ARE HEREBY ADVISED THAT, ONCE SO SUBMITTED OR TRANSMITTED AND PUBLISHED ON THE SITE, SUCH REPORT AND OTHER USER CONTENT MAY NOT ALWAYS BE ABLE TO BE WITHDRAWN. USERS ASSUME ALL RISKS ASSOCIATED WITH USER CONTENT, INCLUDING ANY THIRD PARTY RELIANCE ON OR OTHER USE OF THE REPORT, PROVIDER PROFILE OR OTHER USER CONTENT SO SUBMITTED OR TRANSMITTED. USERS ARE ADVISED THAT THEY MAY SUBJECT THEMSELVES TO LIABILITY IN THE EVENT ANY REPORT, PROVIDER PROFILE OR OTHER USER CONTENT SUBMITTED OR TRANSMITTED TO THIS SITE VIOLATES ANY OF THE REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE.

Restrictions on Use of Site Content; Intellectual Property Notice

The information and other content displayed on or otherwise made available to users of the Site, including, but not limited to, text, trademarks, graphics, pictures, and logos (collectively, the “Information“) is protected by copyright and other intellectual property laws. Except as otherwise expressly disclosed on the Site, users should assume that all Information on the Site is owned by RYBN, its affiliates or their respective licensors or suppliers. All rights are reserved. Subject to the terms set forth herein, users are granted a limited, revocable, non-exclusive, personal, non-transferable license to access, view, download and print a single copy of the Information, provided the user’s use of the Site and any such Information is without the user’s receipt of consideration and is solely for personal informational, non-commercial purposes, and provided further that the user does not alter or modify such Information in any way or remove or obscure the copyright and other proprietary notices provided on or in connection with such Information. Except as expressly provided above, no part of this Site, including, but not limited to, materials displayed thereon and the underlying code, may be used, reproduced, copied, republished, modified, transmitted, or distributed in any form or by any means without the express written permission of RYBN. Requests regarding any such uses should be directed by email to admin@mamaviews.com. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, service marks or other intellectual property displayed on this Site without the written permission of RYBN or such other owner thereof. The limited license granted to you as herein provided is expressly conditioned upon your continued compliance with these Terms of Use.

It is the policy of RYBN to respond to claims of intellectual property infringement and to process and investigate notices of alleged infringement and to take appropriate actions in connection therewith, including, but not limited to, as may be permitted or required under applicable intellectual property and other laws. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), notifications of alleged copyright infringement should be sent to the following designated agent of RYBN: Copyright Agent, c/o MamaViews, 2802 Timmons Ln, #22602, Houston, TX 77227, or by email to admin@mamaviews.com. To be effective, notification must be a written communication that includes substantially the following:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work or other intellectual property that is claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing and a description of where the material that is claimed to be infringing is located on the Site;
  4. The name, address, telephone number and, if available, email address of the party providing the notice (the “Claimant”);
  5. A signed statement by the Claimant that Claimant has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. A statement by the Claimant, made under penalty of perjury, that the information provided in the notice is accurate and that Claimant is authorized to act on behalf of the owner of any exclusive right that is allegedly infringed.

Any software used on this Site is provided for lawful purposes only. To the extent that third party software is made available for downloading, copying or use through this Site, such software is proprietary to the individual or entity making such software available. Unless otherwise expressly noted, neither the title nor the intellectual property rights of any software are transferred to you. Downloading, copying or other use of any such software is subject to the terms and conditions of the software licensing agreement relating to such software. You may not resell, decompile, reverse engineer, disassemble, translate or otherwise attempt to create the source code from the object code of any such software.

Advertising

RYBN and its licensees may display advertisements and other information on the Site, which advertisements and other information may appear adjacent to or be included with User Content. Users are not entitled to any compensation with respect to any such advertisements or other information. The layout of the Site and the manner, mode and extent of any such advertising is solely at the discretion of RYBN and may be changed without notice to any User.

Disclaimer of Warranties; Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE LIABILITY OF RYBN, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ANY RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “RYBN PARTIES“).

  1. YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE RYBN PARTIES IS RESPONSIBLE FOR ANY REPORTS, PROVIDER PROFILES OR OTHER USER CONTENT POSTED ON, OR SUBMITTED OR TRANSMITTED TO, THE SITE AND THAT THIS SITE IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SECURITY, ACCURACY AND FREEDOM FROM COMPUTER VIRUS.
  2. THE CONTENT OF ALL REPORTS, PROVIDER PROFILES AND OTHER USER CONTENT POSTED ON OR SUBMITTED OR TRANSMITTED TO THE SITE IS THE SOLE RESPONSIBILTY OF THE USER OF THIS SITE POSTING, SUBMITTING OR TRANSMITTING SUCH INFORMATION AND CONTENT, AND NONE OF THE RYBN PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY USER OR OTHER PERSON WHO MAY ACCESS OR REVIEW SUCH REPORT, PROVIDER PROFILE OR OTHER USER CONTENT OR COMPILATION THEREOF, RELATING TO SUCH REPORT, PROVIDER PROFILE AND OTHER USER CONTENT OR WITH RESPECT TO ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO THE QUALIFICATION, CONDITION, CREDENTIALS, AND SUITABILITY OF ANY BABY NURSE, DOULA,  MIDWIFE, BREASTFEEDING SUPPORT/EXPERT, CHILDBIRTH CLASS  OR OTHER CARE PROVIDER OR THE IDENTITY OR NATURE OF ANY USER WHO MAY HAVE POSTED, SUBMITTED OR TRANSMITTED A REPORT, PROVIDER PROFILE OR OTHER USER CONTENT APPEARING ON THE SITE. THE RYBN PARTIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON ANY SUCH REPORT, PROVIDER PROFILE OR OTHER USER CONTENT OR OTHER USE OF THE SITE.
  3. C. THE RYBN PARTIES DISCLAIM ANY RESPONSIBILITY FOR, AND NEITHER RYBN NOR ANY OF THE OTHER RYBN PARTIES, SHALL BE LIABLE FOR, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES, LOST PROFITS, BUSINESS INTERRUPTOIN, AND REPUTATONAL HARM), RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO ANY USER’S ACCESS TO, OR USE OF THE SITE, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THE SITE, OR ANY INTERACTION BETWEEN SUCH USER AND OTHER USERS OF THE SITE OR THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY SUCH CLAIMS AND DAMAGES RESULTING FROM ANY REPORTS, PROVIDER PROFILES AND OTHER USER CONTENT SUBMITTED TO THE SITE, OR ANY SERVCIES PROVIDED BY OR OTHER TRANSACTION OR PROPOSED TRANSACTION INVOLVING A BABY NURSE, DOULA, , MIDWIFE, BREASTFEEDING SUPPORT/EXPERT, CHILDBIRTH CLASS OR OTHER CARE PROVIDER OR OTHER THIRD PARTY, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, INABILITY TO USE MATERIALS ON THIS SITE, USE OF EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE AND ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE ON THE PART OF ANY OF THE RYBN PARTIES OR AN AUTHORIZED REPRESENTATIVE OF ANY OF THE RYBN PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
  4. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH ANY OF THESE TERMS OF USE, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
  5. THE RYBN PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO THE RYBN PARTIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
  6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND, ACCORDINGLY, THE FOREGOING DISCLAIMERS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, ARE NOT INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED AND SHALL APPLY TO YOU UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Indemnification

As a condition to your use of the Site, you agree to indemnify and hold RYBN and the other RYBN Parties harmless from any third party claims and demands, and all related losses, damages, costs and expenses incurred by RYBN or any of the other RYBN Parties (including reasonable attorney fees and court costs), due to, arising out of or relating to (i) any Report, Provider Profile or other User Content posted, submitted or transmitted by or on behalf of you, (ii) your access to or use of the Site, (iii) your violation of these Terms of Use (including, but not limited to, your breach of the representations and warranties contained herein) or violation of any intellectual property or other rights of another person or entity; or (iv) your activities involving or relating to any Baby Nurse, Doula, Midwife, Breastfeeding Support/Expert, Childbirth Class other care provider or other third party provider of services or products.

Privacy Policy

RYBN is concerned about the privacy of visitors to our Site and users of our services and has adopted a Privacy Policy, the terms of which are incorporated herein. By accessing the Site, establishing an account or otherwise posting, submitting or transmitting any Report or other User Content, you represent that you have read and understood our Privacy Policy and consent to our collection and use of account registration and other information in accordance with the terms thereof. Please also note that we reserve the right to access and/or disclose personal and non-personal information we gather (i) as reasonably necessary to comply with legal process, law enforcement instructions and orders or other applicable law and legal requirements; (ii) to the extent required to permit us to investigate, prevent or identify any suspected conduct which we may deem improper or otherwise in violation of these Terms of Use; or (iii) to protect our rights, reputation, property, or that of our affiliates, or the public.

Linking to the Site

If you operate a website and wish to provide a hyperlink to the Site, you must link to the Site’s home page unless written permission has been obtained in advance from RYBN, which consent may be granted or withheld in RYBN’s sole and absolute discretion. Any inquiries regarding consents or our policies in this regard should be directed to admin@mamaviews.com.

Miscellaneous

The foregoing terms and all legal obligations of RYBN in connection with this Site are subject to the laws of the State of New York, USA, without regard to its conflict of law provisions and regardless of the location of any user. YOU AND RYBN HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN NEW YORK CITY, NEW YORK OVER ANY DISPUTE, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE AND ANY SERVICES OFFERED VIA THE SITE, AND FURTHER AGREE IRREVOCABLY AND UNCONDITIONALLY TO WAIVE ANY OBJECTION TO THE LAYING OF VENUE OF ANY SUCH COURT. These Terms of Use incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms of Use is deemed unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of such remaining provisions. Further, the failure of RYBN to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use are not assignable, transferable or sub-licensable by you except with RYBN’s prior written consent, but may be assigned or transferred by RYBN without restriction. Any assignment attempt to be made in violation of these Terms of Use shall be void.

Changes to Terms of Use

This Site and the foregoing terms are subject to change without notice. You are bound by any such revisions and should therefore visit this page to review the then current Terms of Use to which you are bound. Continued use of this Site following any change constitutes your acceptance of the change.

Copyright © 2014 RYBN LLC.
All rights reserved.

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