Disclaimer and Terms of Use
Effective date: December 1, 2019
Updated: September 24, 2022
Thank you for engaging with the Your Doula Cares website ("the Site", “our Site”, “her Site”), owned and operated by Gabrielle Daniels. Gabrielle is a doula seeking to help women and families connect with helpful and relevant information and resources. As such, she has designed the Your Doula Cares website and services (collectively, “Resources”) provided for this purpose.
As visitors to this Site, I encourage you to read and understand the Disclaimer and the Terms and Conditions that govern how this site may be used. By accessing or using this Site, you approve that you have read, understood, and agree to be bound by these terms.
In order to use our Site and Resources, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. Minors must seek parental or guardian consent and permissions before providing Personal Data through our Site and Resources. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
A brief synopsis of Gabrielle’s Disclaimer states, “Content shared through this Site does not constitute, nor shall be construed as constituting, medical or legal advice of any kind whatsoever, whether from a licensed medical or legal professional; nor does it take the place of licensed medical or legal advice, diagnoses, and treatment. Gabrielle encourages all visitors to identify and work with qualified professional licensed medical or legal practitioners who can meet your need for legal or medical advice. Read Gabrielle’s feedback on the difference between a midwife and a doula on her Commonly Asked Questions page for further clarification. Gabrielle is also not responsible for any liabilities or warranties regarding third-party resources she may hyperlink on her website. All visitors are solely responsible for their own assessment and application of content described in the Resources and Site.” Please read the full Disclaimer below.
A brief synopsis of Gabrielle’s Copyright Terms and Conditions states, “Unless otherwise noted, all written content, images, graphics, photographs, logos, and other site design concepts and descriptions (collectively, “Site Details”) included on the Site are copyrighted materials protected by law, and are the property of Gabrielle Daniels as owner and founder of Your Doula Cares, unless otherwise indicated. You may interact with the Site Details and Resources for your personal use only, but you may not reproduce, publish, transmit, distribute, display, modify, sell based on or in any way exploit, as a whole or in part, any of the Site Details and Resources unless expressly given permissions and licenses to do so in writing and accordance with any associated terms and conditions. Written content may be linked out along with a clear attribution to “Gabrielle @ Your Doula Cares” as a reference in educational materials. Failure to do so will be a direct violation of copyright and the terms and conditions of use described herein.” Please read the full Terms and Conditions below.
What is Your Doula Cares Disclaimer Notification?
Gabrielle seeks to provide resourceful information to Site visitors regarding doula care, pregnancy, birth, and postpartum care. Content shared through this Site does not constitute, nor shall be construed as constituting, medical or legal advice of any kind whatsoever, whether from a licensed medical or legal professional; nor does it take the place of licensed medical or legal advice, diagnoses, and treatment. Gabrielle encourages all visitors to identify and work with qualified professional licensed medical or legal practitioners who can meet your need for legal or medical advice. Referrals to third-party resources are made solely on an informational basis, and Site visitors are to make their own assessment of whether those resources are safe, appropriate, and effective for you. Gabrielle encourages effective and dignified relationships between consumers as patients and service providers as medical providers, and if you are experiencing a medical emergency, please call 911 or your medical provider as soon as possible for assistance. Read Gabrielle’s feedback on the difference between a midwife and a doula on her Commonly Asked Questions page for further clarification.
Furthermore, the information that is shared is provided on an “AS IS” basis, and as such, Gabrielle disclaims any and all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement on third-party rights and obligations. Gabrielle also makes no representations or warranties that the Site Details are infallible or satisfactory for all government regulations regarding healthcare information. As such, Site visitors recognize that they are responsible for their own assessment and risk of accuracy, adequacy, completeness, quality, validity, and applicability of information provided by the Site and Resources provided, as well as any third-party links provided on the Site. Gabrielle disclaims all warranties or representations of accuracy for third-party resources, and only the third-parties themselves are responsible for any errors, omissions, or results that their visitors or consumers incur. As such, Gabrielle and Your Doula Cares will not incur any type or suggestion of liability for any type or suggested damages resulting from the outcomes of engaging with third-party websites, and all such claims that could arise under those circumstances involving a third-party website are thus waived against Gabrielle and Your Doula Cares Site and Resources.
You also agree to indemnify and hold Gabrielle harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against her by any third-party due to, or arising out of, or in connection with your use of the Site or any Resources offered on the Site.
In summary, to the maximum extent permitted by applicable law, in no event shall Gabrielle, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
Further, in summary, to the maximum extent permitted by applicable law, Gabrielle assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
What is the Copyright and Terms of Site Details Use of Your Doula Cares?
The Resources of Your Doula Cares and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto (“Site Details”), are the exclusive property of Gabrielle Daniels, owner of Your Doula Cares, the Site, and Resources. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You may interact with the Site Details and Resources for your personal use only, but you may not reproduce, publish, transmit, distribute, display, modify, sell based on or in any way exploit, as a whole or in part, any of the Site Details and Resources unless expressly given permissions and licenses to do so in writing and accordance with any associated terms and conditions. Written content may be linked out (e.g., referenced in a related blog post) along with a clear attribution to “Gabrielle @ Your Doula Cares” as a reference in educational materials. Failure to do so will be a direct violation of copyright and the terms and conditions of use described herein.
Should the Site allow for the uploading of content from Site visitors, you recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the Site, you confirm that you own all the relevant rights or received the appropriate license to upload, transfer, and/or send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website, unless restricted or declined in writing.
What are the Commercial Terms of Use of Your Doula Cares?
When buying an item from our Site, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices Gabrielle charges for using her services and any products offered are listed on the website, within reason (e.g., additional fees not applicable in all cases may apply based on a visitor’s specific interests and needs). Gabrielle reserves the right to change her prices for services and products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on payments pages or available in Gabrielle’s service contracts. Gift certificates are non-refundable, non-redeemable for cash value (e.g., they can only be applied to a client’s account), and may be transferable between contracts if contract changes are warranted.
Gabrielle may, without prior notice, change the services; stop providing the services or any features of the services she offers; or create limits for the services. She may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
How Does Your Doula Cares Continue to Engage Visitors about Terms and Conditions?
Gabrielle appreciates the visitors who engage with her Site. If you have shared Personal Data through our subscription, pre-registration, contact, or any other forms on the Site, then you agree to receive from time to time promotional messages and materials from us, by email or any other contact form you may provide us with (including your phone number for calls). If you don't want to receive such promotional materials or notices – please just notify Gabrielle at any time using the contact information at the bottom of this Disclaimer and Terms of Use policy.
Gabrielle reserves the right to modify these terms from time to time at her sole discretion. Therefore, you should review these terms and conditions periodically. When Gabrielle changes the Terms in a material manner, she will notify you that material changes have been made to the Terms either by email or by an updated date on the Site or a statement of “Recently Updated.” Your continued use of the Site or our Resources after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Primarily, as a Site visitor, your sole and exclusive remedy for dissatisfaction with the Resources provided is to stop using it immediately. If applicable law applies limiting the warranties and liabilities described herein, Gabrielle shall in no event be held liable to you for any claims, damages, or losses for an amount that exceeds any amount you paid, if any, for using the Site and Resources. The Disclaimer and Terms and Conditions described herein, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Site and Resources, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States and, presently, the State of Alabama, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Montgomery, Alabama. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
How Do We Contact Your Doula Cares Regarding This Disclaimer and Terms of Use?
Thank you for reviewing this Disclaimer and Terms of Use for the Site and Resources. Please also review our Privacy Policy for the fullest engagement with this Site’s overall conditions of use and interaction.
If you have any questions about the Disclaimer and Terms of Use herein, please contact Gabrielle via email at Gabrielle@yourdoulacares.com. Please use the subject line “Disclaimer and Terms of Use Inquiry.”