Terms and conditions

We take our responsibility and your health seriously, so please read each section of this Notice carefully.

To keep everything above board please experience this website, www.Ecstatic-Birth.com, ecstaticbirthpractitioners.zenlearn.com, and Sheila Kamara Hay d/b/a Ecstatic Birth LLC (collectively the "Ecstatic Birth") with full awareness, understanding and acceptance of the following legal information, terms, conditions and privacy policy: Your use of EcstaticBirth.com, ecstaticbirthpractitioners.zenlearn.com and participation in any Ecstatic Birth programs signifies your agreement to these Terms & Conditions and Privacy Policy.

If you have any questions whether information found on this website or any of its Programs is appropriate for you, please check with your health care provider. We will assume from your participation that you understand and accept our parameters. Ecstatic Birth.com and its programs offer unique information and discussion opportunities designed to support people in understanding, maximizing, choosing and fully savoring their (or their clients’ or patients’) choices in pregnancy and childbirth. Many ideas, viewpoints, suggestions and demonstrations will be offered, from fundamental issues to practical tips. We wish to make very clear that Ecstatic-Birth.com exists purely to offer possibilities for your own personal consideration, and nothing should ever be considered or adopted as professional advice or directives.

You and you alone are fully responsible for your choices to participate and to implement any Ecstatic Birth content, and for your own health and well-being at all times before, during and after your participation. The experience of Ecstatic Birth and its programs will be unique as to each individual and there is no way to predict in advance what you will think or feel, or what will be the right choices for you, your body, or your child. Every pregnancy and every birth is different, and we can make no assurances of any kind as to how yours will unfold. Only you and your care provider know what is appropriate for you. Similarly, if you are participating as a professional, there is no way to predict what will be the right choices for your patients or clients, and we can make no assurances as to how those will unfold.

Ecstatic Birth and/or its programs are not medical or therapeutic in intent or content and is not to be used as a substitute for medical treatment, counseling or health treatments of any nature. Program leaders, speakers, associates and attendees are not health care providers (or if they are, they will not be present in the capacity of providing health care services or counsel). While it is ultimately your choice, we urge you not to participate in any Programs or to carry out any suggestions made Ecstatic Birth if your care provider or you have any doubt as to your physical, mental or emotional ability to do so.

AGREEMENTS
The following Agreements are intended to have legal significance. If you have any questions about their meaning, please feel free to consult an attorney. By your use of Ecstatic Birth you affirm the following:

INFORMED CONSENT:
I have carefully read this Notice and understand the recommendations and instructions. I have been informed to my satisfaction about the general content of Ecstatic Birth and its Programs. I recognize that it is not possible to have described everything that may occur on Ecstatic Birth or during a Program which generally consists of data, viewpoints, suggestions and demonstrations presented by the Program leader and other Presenters, voluntary sharing of experiences by other participants, and guided exercises or processes. I understand that Ecstatic Birth and its Programs are designed for people who clearly understand they are responsible for their own health and well-being before, during and after the Program and who wish to enhance their skills and opportunities in connection with their pregnancy and birthing process, or that of their clients or patients. I fully understand that no portion of content on Ecstatic Birth or within its Program is delivered or supervised by health professionals. I recognize that Ecstatic Birth is not responsible for the opinions or suggestions of its guest speakers or suggested authors (collectively, “Presenters”).

I acknowledge that I have been advised not to participate in the Program if my care provider or I have concerns about my ability to handle its content or structure and I have voluntarily chosen to attend. I agree that I am responsible for my own participation in the Program and for my own physical, mental and emotional well being, and that Ecstatic Birth is responsible solely for the orderly presentation of the Program; and I willingly and knowingly assume for myself, my family members, executors, administrators, heirs, successors, legal representatives and assigns all risks of physical and mental or emotional injuries which may occur during or after the Program or as a result of any suggestions made therein, whether to me or to anyone with whom I may share the same, whether personally or professionally.

CONFIDENTIALITY:
In order to promote the confidentiality of our participants and our intellectual property, please read and confirm the following: In consideration of and as a condition to my participation in the Program, I confirm and agree that I will not publish, broadcast, or disclose (or assist another person or entity in so doing) the identity or comments of Program leaders, speakers, associates or other participants, nor will I film, photograph or record by any means all or any portion of the Program or its participants, except that Program content may be relayed (without identifying any individuals) to the extent of the limited license granted below under “Proprietary Materials”. (This is not intended to limit you from sharing your experience of the Program with anyone.)

ARBITRATION:
I agree that any dispute, claim or controversy arising from my participation in the Program (or any of its associated activities), including the interpretation or enforcement of any provision of these Agreements, the content of the Program (or any of its associated activities or suggested references) or concerning Ecstatic Birth, its managers, members, officers, employees, agents, leaders, speakers, assistants, associates or other participants, including any claims of wrongful acts or omissions, will be submitted to and determined by final binding arbitration in New York, NY, pursuant to the commercial rules and procedures of the American Arbitration Association, expedited and conducted on consecutive days before three arbitrators, and shall not be determined by lawsuit or resort to any court process in any court of law or equity, except as applicable law provides for judicial review, confirmation and enforcement of arbitration proceedings and awards, and except that judgment upon any arbitration award may be entered in any court having jurisdiction. The prevailing party in any arbitration shall be entitled to an additional award for its attorneys’ fees and costs of arbitration.

I agree that if either party institutes any legal action in any Court not authorized herein, the other party shall be entitled to respond by demurrer or other appropriate response, shall not be required to answer any complaint, and shall be entitled to a dismissal of such legal action. The other party shall be entitled to an award in its favor for the amount of its attorneys’ fees and costs of suit.

I also agree that the time in which I may commence arbitration shall not be greater than ninety days following the occurrence of the events which are the subject of my claims, and that if I fail to commence arbitration within such ninety days, I may be forever barred from making such claims.

I understand that this is a legal agreement in which I freely give up my right to a jury or court trial.

PROPRIETARY MATERIALS:
I understand that all materials, concepts, and information (collectively "Materials") presented by
Ecstatic Birth  or its presenters during this Program, either orally or in writing, are the property of Ecstatic Birth and/or such presenters, and are protected by copyright, trade secret, and other applicable laws. All rights in the Program and the Materials are expressly reserved by Ecstatic Birth. I understand that the Materials presented in this Program are intended solely for my personal use in the Program and agree not to use them for any other purpose or in any way that would compromise their confidential and proprietary nature. I understand that while I am free to use the Materials for my own personal use, and free to tell others about the benefits I realized from the Program, I agree not to reproduce or distribute, lend, or otherwise transfer, the Materials, or to resell them (including in a modified or repackaged form), or to deliver them (even if modified) as part of any seminar, consulting or similar business, without prior written permission of Ecstatic Birth in each instance.

GENERAL:
Ecstatic Birth LLC is a New York company and these Agreements will be construed and governed by the laws of the State of New York. These Agreements cannot be modified unless in writing signed by me and by Ecstatic Birth LLC.

I agree that my breach of these Agreements may cause irreparable and substantial harm which is impossible to quantify and shall constitute, among other things, a breach of contract for which Ecstatic Birth LLC shall have full legal and equitable recourse, including injunctive or other extraordinary relief and damages. Any unenforceable portion of these Agreements shall not affect the remainder.

I hereby indemnify and hold Ecstatic Birth, its Presenters, and their respective officers, managers, shareholders, affiliates, employees, agents and/or people who assist, harmless from all loss, cost, obligation or damage arising out of my participation in the Program or in other activities or events related to the Program, including without limitation arising from my sharing any contents thereof with others, whether personally or professionally.

If I register for any Program to be paid on an installment basis over time, I understand such payment plan is a courtesy arrangement for my convenience and that I am liable for all such payments as if I had paid in full at outset, even if I elect not to complete the Program in question.

I agree that these Agreements are intended to govern my participation in any and all Programs of Ecstatic Birth LLC, now and in the future, and that my participation in any future Program will be deemed to include my reaffirmation of these Agreements even if I do not execute another copy of this Notice.

I acknowledge that my representations and agreements are freely given and are true to the best of my knowledge and are intended to be an inducement to Ecstatic Birth to approve my participation in the Program.

 

PRIVACY POLICY
Your privacy is very important to us. Please read the following policy so you understand how we use the personal information you may submit.  

UPDATES AND CHANGES
This policy may change without notice, so please check back periodically as your continued usage and visitation of Ecstatic Birth indicates your acceptance of any such changes.  

PERSONAL INFORMATION  
You may be asked to provide personal information when you sign up for our e-mail/Newsletter list, book a Consultation Session, purchase a product, participate in a course, join the Ecstatic Birth Facebook Group or otherwise wish to connect directly with us. The personal information we ask for may include your e-mail address, first and last name, physical address and telephone number.

We may also ask whether you are expecting and if so, your due date, whether you are a birth professional, and about your interests. We ask this in order to tailor appropriate offerings and events to you.   

Any purchases may require your credit card or paypal information in order to process payment. Said payment related information will include your full name, e-mail, physical address, credit card and/or paypal account information. Said information is generally provided to third party services like Simplero, Kartra, Stripe, and/or PayPal. Your payment information will not be released by us.

​THIRD PARTY 
Ecstatic Birth may use other third party companies, agents or contractors to perform services such as designing or maintaining Websites, scheduling appointments, podcast recordings, hosting webinars and tele-calls, processing payments, ticketing, analyzing customer interaction and conducting research and surveys. Companies such as Google Analytics, Mail Chimp, Wordpress, Zoom, Calendly, Youcanbookme, free conference call, WebinarJam, iTunes and Survey Monkey.

While providing such services, these companies may be aware of your personal information which will be managed in accordance with their policies and terms and conditions. Ecstatic Birth will not be liable for any damages that may result from the misuse of your personal information by any of these companies.

PAYMENT
Any purchases may require your credit card or paypal information in order to process payment. We use third party services to process payments for products and courses including, Simplero, Kartra, Stripe, and PayPal. Said payment related information will include your full name, e-mail, physical address, credit card and/or account information. The third party services may also capture your ip address, geolocation, phone number and date of birth for processing.

Said information is stored by the third party services. We believe the payment transactions are encrypted using SSL technology. All payments are made in compliance with their respective policies and practices which we believe are GNPR compliant, as such please become familiar with them as Ecstatic Birth has no control over their practices.  In the event we are in possession of your personal payment information it will be kept confidential.​

DATA SECURITY  
Unfortunately, the transmission of information via the internet is not completely secure. Although we will take efforts to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. We will promptly inform you of any data breaches.

LEGAL REQUESTS  
Ecstatic Birth reserves the right to disclose any information as required by law to the extent necessary to defend Ecstatic Birth’s brands, websites, products and services and the safety of its community. We will inform you of any such requests in a reasonable time frame for you to take appropriate action to defend your privacy.​

TESTIMONIALS AND FEEDBACK  
Any testimonials, surveys or feedback that you submit to Ecstatic Birth may be published and freely utilized by Ecstatic Birth.

CONTENT CONTRIBUTIONS  
You are responsible to ensure that any material you submit, post, upload or transmit via Ecstatic Birth does not violate the rights of any person or entity and is compliance with our Terms of Use.

DISCLOSURE, SALE, RENTAL
We will not sell, rent or disclose your personal or identifying information to any unaffiliated third parties without your permission.

EMAIL OPTIONS
When subscribing to our newsletter and email list you will receive regular updates, information and promotional information.  You may unsubscribe from our newsletter and mailing list at any time. ​

AFFILIATE RELATIONSHIPS 
Where Ecstatic Birth has affiliate and referral relationships there will be links provided to said affiliates in accordance with the Terms of Use. Any links to any third party websites, including, affiliates are strictly governed by third parties and hence, you should become familiar with their terms of use and privacy policies.

COOKIES
While visiting Ecstatic Birth, cookies may be saved to your computer's hard drive. (Session cookies are small text files saved by your web browser from the Internet.) If your browser is set to not accept cookies, there may be a disruption in service. Cookies, by themselves, do not transfer your personal information.

Once you provide your personal information, this information is associated to the data stored in the cookie and you will have direct access to your information when you revisit Ecstatic Birth. We may use cookies to gather usage information, such as the number and frequency of visitors to our site. Third parties may also enable cookies. We analyze this data to determine which parts of our site customers like and which parts need improvement.

Ecstatic Birth is not responsible for any cookies placed by any third party website linked to our website including, affiliates, event partners and vendors, or for the privacy policies of the third party sites and you should review their privacy policies.

ANALYTICS
Ecstatic Birth uses analytic tools to process and review its data like Google Analytics, Wordpress JetPack, Simplero tools, Kartra tools and Mail Chimp. These tools capture demographics and statistics on traffic, reads, page views, frequency and popular days and times of traffic. We use this data to be more effective.

CHANGES
This Privacy Policy may be changed at any time without notice. You should check back periodically for updates to this policy as your use of Ecstatic Birth after any changes indicates your acceptance of the changes. The current version will be controlling.

SECURITY
While we respect your personal information and take efforts to ensure that your information is secure and in most cases transactions are completed without difficulty, we cannot guarantee "perfect security" on the Internet or offline and we are not responsible for the success or security of your transactions and you do so at your own risk.​

CONTACT US  
If you have questions about any aspect of this policy, please contact us at sheila@ecstatic-birth.com.

The Privacy Policy is effective as of June 1st, 2010.

Updated: May 24, 2018

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