Terms of Service
KPEC Group, LLC ("KPEC") owns and operates several web sites and web services, including DoulaMatch.net) and The BirthWatch Facebook App and would love for you to use
them. Our basic service is free to consumers, and we offer paid profile and
calendar listings for Doulas. Please make sure that none of the prohibited items listed below appear on your
Doula profile or get linked to from your profile (things like spam, viruses, or hate content).
these Terms of Service are based on the WordPress Terms of Service, which are available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want we’d appreciate a link
somewhere on your site. )
Terms of Service:
The following terms and conditions govern all use of the DoulaMatch website and
BirthWatch Facebook application and all content, services and products available at or through the website
and application. The Website is owned and operated by KPEC Group, LLC, (“KPEC”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation,
) and procedures that may be published from time to time on this Site by
KPEC (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by
KPEC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Keeping your pregnancy private: If you accept these terms and
install the Facebook BirthWatch application, Facebook may show your friends that
you are using this app, and they may thereby deduce that you are pregnant.
We cannot control this. If you are very concerned about preventing your
friends from suspecting you are pregnant, you should not install this
application. Within the application settings, we do everything we can to
put you in control of what is shared with your friends. The BirthWatch app
can be set to share no wall posts/stream updates with your friends and only send
you email, or to only share with your friends after your first trimester is
complete. You can change these settings or remove the app at any time.
Your DoulaMatch Doula Profile and Calendar . If you create a
doula profile on the Website, you are responsible for maintaining the security of your account and
profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the
profile. You must not claim certifications which you do not hold. You must
not create duplicate profiles. You must immediately notify KPEC of any unauthorized uses of your
account or any other breaches of security. KPEC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you maintain a doula profile or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your
website URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by
KPEC or otherwise.
By submitting Content to KPEC for inclusion on our Website, you grant KPEC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your
profile. If you delete Content, KPEC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, KPEC has the right (though not the obligation) to, in
KPEC’s sole discretion (i) refuse or remove any content that, in KPEC’s reasonable opinion, violates any
KPEC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in KPEC’s sole discretion. KPEC will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment. Optional premium paid services such as paid
Doula profiles will be available on the Website. By selecting a premium service you agree to pay
KPEC the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated.
Your satisfaction is a priority for us: premium service fees are
refundable on a pro-rated basis.
- Intellectual Property. This Agreement does not transfer from KPEC to you any KPEC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with KPEC. KPEC, WordPress, WordPress.com, the WordPress.com logo, and all other trademarks, service marks, graphics and logos used in connection with WordPress.com, or the Website are trademarks or registered trademarks of KPEC or KPEC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any KPEC or third-party trademarks.
Changes. KPEC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. KPEC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Use of Doulas Listed on DoulaMatch.net Expectant families are responsible for verifying the credentials and contacting reference clients before hiring a doula. KPEC does not endorse or recommend specific doulas. Expectant families should be aware that hiring a doula does not garauntee a specific birth outcome.
Pregnancy Events as Published by BirthWatch The pregnancy event updates published on Facebook by the BirthWatch Facebook Application reflect the typical events and developements experienced in an average or typical pregnancy. No pregnancy is average! Do not interpret the events published by BirthWatch as being personalized or specifically applicable to your pregnancy. Consult with your health care provider if you have any questions or concerns about your pregnancy. You are free to click "Remove" in Facebook to remove any published posts from BirthWatch that you feel do
not reflect your pregnancy, or to turn off the application or the applications ability to publish articles on your behalf. See The Facebook Application Settings Page or The BirthWatch Application Settings Page to adjust what the BirthWatch App does for you.
Termination. KPEC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is
provided “as is”. KPEC and its suppliers and licensors hereby disclaim all
warranties of any kind, express or implied, including, without limitation, the
warranties of merchantability, fitness for a particular purpose and
non-infringement. Neither KPEC nor its suppliers and licensors, makes any
warranty that the Website will be error free or that access thereto will be
continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will KPEC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to KPEC under this agreement during the twelve (12) month period prior to the cause of action. KPEC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless KPEC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between KPEC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of KPEC, or by the posting by KPEC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of
Washington, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in
King County, Washington. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in
Seattle, Washington, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; KPEC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.