Introduction

Welcome to Bornbir! This website, located at https://www.bornbir.com (the "site", "Bornbir", or "we") and our visitors' ("you," "your," "users," "service providers," as used in these terms) use of the Site (collectively with the Site, the "Services") are governed by these Terms of Use ("Terms").

At Bornbir, we strive to build an ecosystem of support for aspiring, expectant, and new parents to have access to professional services and educational events/classes that help them thrive. By accessing the Site, you are agreeing to be bound by the Site Terms and Conditions of Use (the "Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Do not continue to use Bornbir if you do not agree to take all of the terms and conditions stated on this page. The materials contained in this website are protected by applicable copyright and trademark law. Please read these terms carefully, and keep a copy of them for your reference.

Acceptance of Terms of Service

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Certain Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which will be incorporated into this document. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Eligibility

These Terms are governed by the Electronic Signatures in Global and National Commerce Act. BY ACCESSING OR USING THE SERVICES AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS, YOU AGREE TO THE TERMS OF THIS ELECTRONIC AGREEMENT.

By accepting these Terms, you represent that you are at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has a different age of majority, and you have the legal authority to contractually agree to these Terms. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND YOURSELF TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

You must be 18 years of age or over, or of the age of majority in your jurisdiction to use the Services. Parents or legal guardians of a minor under the age of 18 may use the Services on behalf of such minor child. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and are authorized to use the Services on that child's behalf.

Disclaimer

Bornbir does not employ any providers and is not responsible for the conduct of any providers listed. As a user, you need to perform your own diligence to ensure the provider you choose is appropriate for your needs and complies with applicable laws and licensure requirements. Bornbir is not intended to be a substitute for professional advice. If you are having a medical emergency, immediately call your doctors or 911. Bornbir's Service does not replace your relationship with your primary care provider and does not directly provide care, diagnosis or treatment.

OUR SERVICES ARE INTENDED FOR REFERENCE AND EDUCATIONAL PURPOSES ONLY. While we hope you find useful the information available through the Services, we do not intend the information to be complete or exhaustive, or to provide any medical advice, diagnosis, or treatment.

When using the Services, please be aware of the following disclaimers that apply to the Services:

DO NOT CONSIDER OR RELY ON ANY INFORMATION OFFERED THROUGH THE SERVICES AS PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT, INCLUDING ANY MENTAL HEALTH CONCERNS. Do not disregard, avoid, delay, or defer any treatment based on the Services or any information available therein. Nothing stated or posted on the Services, or made available through the Services, is intended to be, and must not be taken to be, the practice of medicine or other healthcare profession.

IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. Always consult with a qualified and licensed physician or other healthcare professional and follow their advice without delay regardless of any of our content or services. Your use of the Services is solely at your own risk.

NO CLIENT-PROVIDER RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES. Service professionals use the Services to share content with you, but your use of their content is not a substitute for healthcare. We encourage providers to use the Services responsibly, but we have no control over, and cannot guarantee, the availability of any healthcare provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom or related to you use of the Services.

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER. You are also responsible for determining whether the applicable provider is suitable for your needs based on specialty, experience, licenses, and other important qualifications.

Review Policy

At BornBir, we value the opinions and experiences of our users. The review function on bornbir.com is intended to help users share honest feedback about their experiences with providers, helping other users make informed decisions. To ensure reviews are fair, respectful, and reliable, we have established the following guidelines:

By leaving a review, users agree to comply with BornBir's Review Policy and Terms of Use. We strive to maintain a supportive and respectful community and reserve the right to amend this policy as needed to enhance our platform's integrity and user experience.

Selection of Providers

To help you find providers who may be suitable for your needs, we make available a list of providers from different locations and with different experiences and specialties. You may use the search function to find providers. It is your sole responsibility to find a provider that fit your criteria and your needs.

We do not take steps at this time to verify that providers listed on the Services hold certain active licenses, certifications, or registrations as required by law to practice the specialties of services offered by them on the Services. We also do not verify the providers' history, the insurance they accept, or the appropriateness of the providers for you or your circumstances or diagnosis. YOUR SELECTION OF A PROVIDER IS AT YOUR OWN RISK.

We do not recommend or endorse any providers, and do not make any representations or warranties with respect to these providers or the quality of the services they may provide. We cannot guarantee that each provider listed on the Services are qualified or licensed to provide the services you request or the services they represent they can deliver. We may, in our discretion, exclude providers from the Services who have engaged in inappropriate or unprofessional conduct.

Bornbir allows you to reserve, schedule, purchase, access and attend a wide range of recreational activities, events, event planning services and childcare services. Bornbir does not own, operate or control any of the activities or services that are offered at or through such facilities, or guarantee the availability of particular activities or services. The type, quantity and availability of activities and services offered are determined by Providers in its sole discretion. As a Bornbir user, you must reserve and cancel your activities through the Site. It is a breach of these Terms of Service if you reserve or cancel directly with an activity provider, independent of Bornbir. We reserve the right to charge you the full amount that the activity provider charges for such activity and/or any applicable cancellation fees, and/or to suspend or terminate your subscription if you reserve or cancel directly with such activity Provider.

Privacy Policy

Your privacy is important to us. Please review our Privacy Policy for more information regarding how we may collect, use, and share your personal information when you use the Services.

Prohibited Conduct While Using the Services

You agree that you will not:

1. Post, upload, display or transmit User Data in a manner that violates any law, regulation or rule, or the rights of any third party including without limitation Intellectual Property Rights;
2. Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation;
3. Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Services or interests or rights of other users, or that may harvest or collect any data or personally identifiable information about other users without their consent; or
4. Engage in malicious, disruptive or other conduct that impedes or interferes with other users' normal use of the Services.

If you become aware of misuses of the Services by any person, please contact us at hello@bornbir.com.

Use of Communication Services

The Site may contain professional web pages, reviews, online forms, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Bornbir has no obligation to monitor the Communication Services. However, Bornbir reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Bornbir reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Bornbir reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bornbir's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Bornbir does not control or endorse the content, messages or information found in any Communication Service and, therefore, Bornbir specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Bornbir provides certain features which enable you and other users to submit, post, share and search for content and information, which may include (without limitation) text, profile information, information about reserved or attended classes, or any other information submitted by you and other users or arising from your use of the Site ("User Submissions"). User Submissions also include reviews, ratings and other feedback ("Reviews"). We strongly recommend that you think carefully about what you upload to, share with or make accessible to the Site. Bornbir does not guarantee any anonymity or confidentiality with respect to any User Submissions. For information on how we protect your personal information, please see our Privacy Policy. You understand and agree that Reviews may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Bornbir's platform), including any Venue, may read or have access to your Reviews. Bornbir is not responsible for the use or disclosure of any information that you disclose in connection with Reviews, including any personal information. Reviews are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Bornbir. You understand that all Reviews are the sole responsibility of the person from whom such Review originated. This means that you, and not Bornbir, are entirely responsible for all Reviews that you upload, post, e-mail, transmit, or otherwise make available through the Site.

Provider Verification

Bornbir conducts verification of Service Providers and reserves the right to conduct such verifications and/or verify your account and registration information, as well as any representations you have made. Provider verification may include but is not limited to phone interviews, reference check, and certification uploads. Bornbir does not conduct criminal background checks or identity verification checks. Bornbir makes no warranty about its practice of verifying providers.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bornbir is not responsible for third-party access to your account that results from theft or misappropriation of your account. Bornbir reserves the right to refuse or cancel service, terminate accounts or remove or edit content in our sole discretion.

Provider Portal

When you provide biographical information and other content to Bornbir, that information must be accurate, current and complete. You are responsible for ensuring that Bornbir always has the most current information about your practice and your contact information, including affiliation, professional experience, and address.

In connection with creating a provider profile on Bornbir, you may be given access to portions of the Website that are password-protected and are not accessible to the general public. You must maintain the confidentiality of your user name, password and any other information that you provide as part of our security or membership registration procedures. In no event may you disclose any such confidential information to any other person. You are responsible for any disclosures or unauthorized use of your password or other log-in information. Your account is personal to you and may only be used by you. You may not provide any other person with access to portions of the Website that are password protected. You must notify us immediately of any unauthorized access to or use of your user name, password or account, or any other breach of security.

Provider Portal Premium

To access the features of "Bornbir Premium," providers are required to subscribe to a Monthly Subscription Plan. This subscription is set to automatically renew and is payable. Please note that the features, subscriber rights, terms, and prices associated with the Subscription Plan may be subject to change periodically. For the most up-to-date information, including the current description and pricing, please visit our "Join as Provider" page. Upon completing your registration for a Subscription Plan, you grant Bornbir permission to charge your chosen payment method on a recurring monthly basis for the relevant subscription plan fees and any applicable taxes. This authorization remains in effect for the duration of the subscription term and any subsequent renewal term unless the subscriber chooses to cancel the Monthly Subscription Plan.

By purchasing a Monthly Subscription, you expressly acknowledge and agree that (a) your subscription has an initial and recurring payment feature, and Bornbir (or our third party payment processor, "Stripe") is authorized to automatically charge your payment method monthly at the then-current subscription rate for your subscription as long as your subscription continues, and (b) your subscription is continuous and will be automatically extended for successive monthly periods until you cancel it.

You may cancel your Monthly subscription at any time, by logging into your account or emailing us at support@bornbir.com and following the instructions, if any, we provide you in response to your cancellation request. If you cancel, you will not be entitled to a refund for your last payment. Nevertheless, you are welcome to continue to use the free Services provided by Bornbir.

You agree that we may charge you, and you will pay to Bornbir, any fee or penalty that is assessed or charged to us for a "Chargeback" resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor. WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME AS A RESULT OF A VIOLATION OF THESE TERMS OF SERVICE OR THE PRIVACY POLICY. SUBSCRIPTION MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.

In the event you cancel your Monthly subscription, please note that we may still send you promotional communications about Bornbir, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Interruption of Service

Bornbir may on occasion need to interrupt or suspend the Services, with or without prior notice, to protect the integrity or functionality of the Services or for maintenance purposes. You agree that Bornbir will not be not liable for any interruption or suspension of the Service (whether intentional or not), and you understand that you will not be entitled to any compensation for interruption or suspension of service. Likewise, you agree that in the event of loss of any User Data, we will not be liable for any purported damage or harm arising therefrom.

Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled "CONFIRM PURCHASE," "SUBMIT", "PLACE MY ORDER", "I ACCEPT", "MESSAGE" or such similar links as may be designated by Bornbir to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY Bornbir. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

No Warranties

CLASSES AND OTHER NON-BORNBIR PRODUCTS AND SERVICES MADE AVAILABLE VIA THE SITE ARE PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES), NOT BORNBIR. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OF THE SITE AND YOUR ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF THE CLASSES, IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE SITE AND/OR CLASSES.

IN NO EVENT SHALL BORNBIR BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER'S ATTENDANCE, USE OF OR PARTICIPATION IN A CLASS OR PRODUCT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY. BORNBIR IS NOT AN AGENT OF ANY THIRD-PARTY.

ALL ASPECTS OF OR CONTENT OR FEATURES AVAILABLE THROUGH THE SITE AND/OR CLASSES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BORNBIR, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WITHOUT LIMITING THE FOREGOING, BORNBIR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND/OR ANY CLASS IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY CLASS OR RECOMMENDATION, (III) THAT THE SITE AND/OR ANY CLASS, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, (IV) THAT THE SITE, OR ANY ASPECT THEREOF, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL, CONTENT OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL, CONTENT OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SITE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

YOU UNDERSTAND THAT BORNBIR IS NOT A GYMNASIUM, PLACE OF AMUSEMENT OR RECREATION, HEALTH CLUB, FACILITY, FITNESS STUDIO OR SIMILAR ESTABLISHMENT AND THE CLASSES THEY PROVIDE ARE OPERATED AND DELIVERED BY THE APPLICABLE VENUE AND NOT BY BORNBIR. BORNBIR IS NOT RESPONSIBLE FOR THE QUALITY OF ANY CLASS PROVIDED BY A VENUE OR THIRD PARTY (INCLUDING BUT NOT LIMITED TO THE FACILITY, INSTRUCTOR OR CURRICULUM). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE CLASS OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SITE AND/OR CLASSES ARE RIGHT FOR YOU.

YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE CLASSES YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING BORNBIR (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A CLASS), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.

YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING BORNBIR (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A CLASS) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE CLASSES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY AND SEEK MEDICAL ASSISTANCE.

YOU ALSO UNDERSTAND AND AGREE THAT THE SITE OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SITE AND/OR A CLASS IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SITE AND/OR A CLASS AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SITE AND/OR A CLASS. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH BORNBIR IS SOLELY AT YOUR OWN RISK.

THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND BORNBIR MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE SITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SITE AND/OR A CLASS WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS BORNBIR, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY CLASS) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.

International Users

The Service is controlled, operated and administered by Bornbir from our offices within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Bornbir Content accessed through https://www.bornbir.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Bornbir's DMCA Policy

We respect the intellectual property rights of others and expects Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf , Bornbir will respond expeditiously to claims of copyright infringement committed using the Site if such claims are reported to hello@bornbir.com. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to hello@bornbir.com. Upon receipt of Notice as described below, Bornbir will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement ("Notice")

1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.

Indemnification

You agree not to hold Bornbir liable for the content, actions, or inactions of you or other users of the Services or of other third parties. As a condition of access to the Services, you release Bornbir (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any Dispute you have or claim to have with one or more other users of the Service or with other third parties, including whether or not Bornbir becomes involved in any resolution or attempted resolution of the Dispute.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Legal Relationship; No Third Party Beneficiaries

You acknowledge that you will not be compensated by Bornbir for your use of our Services, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by these Terms. There are no third party beneficiaries, intended or implied, under these Terms.

Arbitration

In the event that the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Bornbir agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Governing Law

These Terms are governed by and construed and enforced in accordance with the internal laws of the U.S. State of Texas without giving effect to the principles of conflicts of laws of such state) and are binding upon the parties hereto in the United States and worldwide. You and SimplePractice agree to be subject to the jurisdiction of courts in the city of Austin, Texas.

Modifications

Bornbir makes efforts to constantly improve our Services, and reserves the right to occasionally modify our Terms. Any changes will be posted to an updated version of the Policy here, and effective immediately. We encourage you to review this page periodically for the latest information on our Terms & Services. If you do not agree with the new Terms, you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes in the updated Policy.

Third Party Sites

Our website or app may contain links to third-party websites or services that are not owned or controlled by Bornbir. Bornbir has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Bornbir shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. Should any third-party website choose to update or change their Terms and Conditions, Bornbir is in no way responsible for any users or providers reading or understanding those Terms and Conditions. The user takes it upon themselves to read all Terms and understands them as they are shown here.

Miscellaneous

This Agreement and any supplemental terms and guidelines posted on the Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Bornbir to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Contact Information

These Terms apply to all visitors, users and others who access and use the Service. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at hello@bornbir.com.

We appreciate your interest and support and we welcome you to our community.