The parties to this Agreement, Student/Trainee Member (“Member”) and Evidence Based Birth®, LLC, a Kentucky limited liability company (“EBB”), enter this Agreement as of the date the Member pays their initial membership fee or creates a user ID/password.
Background and Reason for this Agreement
EBB publishes educational and informational articles and materials that discuss evidence based medical research on pregnancy and childbirth, and makes those publications available on EBB’s website, www.evidencebasedbirth.com, on social media and networking sites used by EBB, and in print and other electronic media.
EBB has developed a student membership program, in which Members will receive:
- Courses (both advanced courses and mini-courses)
- Printer-friendly PDFs of the full-length EBB articles that Members can use with clients (“Printer-Friendly PDFs”)
In consideration of the right to be a student member of the Evidence Based Birth® website (“Member”), and the non-exclusive license to use the PDF materials of EBB, I agree to abide by the terms of this Agreement.
GRANT OF LICENSE
The Printer-Friendly PDFs are the copyrighted works of EBB. In accordance with this Agreement, EBB grants this Member a non-exclusive license to use and transfer to clients the Printer-Friendly PDFs. EBB retains title and ownership of the Printer-Friendly PDFs. Member shall not alter, amend, make derivative works of, or change in any way any of the Printer-Friendly PDFs or any other works of EBB.
This Agreement and the license granted herein shall commence on the Effective Date, and expire at the end of either 6 months or 12 months, depending on which student membership was purchased. After this term ends, the Member may upgrade to a Professional Membership (with additional benefits) by contacting email@example.com.
EBB may, at its sole discretion, elect to:
- Refuse your request to become a Member; or
- Once Membership is granted, suspend, terminate or restrict your Membership at any time
EBB is not obliged to give reasons for any decision it makes to suspend, terminate or restrict your Membership or to reject your request to become a Member. Each Member will follow and adhere to this agreement in whole or immediately forfeit all rights as a Member.
Your Membership is non-transferable.
Once Membership is granted you will only be able to access the EBB Academy Site with use of the username and password you set up at the time you become a Member.
You are responsible for each and every access or use of the EBB Academy Site that occurs in conjunction with use of your username and password.
Use of your username and password is conclusive evidence that you have accessed the EBB Academy Site.
You must use all reasonable efforts to keep your username and password confidential.
You must not allow any third party to access the EBB Academy Site using your username and password and make use of the site on your behalf.
You must notify EBB in writing as soon as you become aware of any unauthorized use of your Member Account, username or password.
You agree to indemnify, defend and hold EBB, its owners, directors, managers, employees, affiliates and suppliers, harmless from any and all liability, loss, claim, cause of action, and expense (including reasonable attorney’s fees) related to this Agreement, including but not limited to, your use of the EBB courses, EBB Printer-Friendly PDFs, or using the Printer-Friendly PDFs with your clients, including any claim or demand, made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of EBB materials of any kind.
EBB Policy on the Official EBB Trademark and Logo:
Trademark: The phrase Evidence Based Birth® is a registered trademark of EBB and the phrase, “Evidence Based Birth” or “evidence based birth,” with or without the registered service mark ®, in text, verbally, or electronically, shall only be used as a trademark for services (i.e., as an ADJECTIVE in reference to EBB materials or the EBB website) and not as a descriptive NOUN by any Member.
For example, “You can visit the Evidence Based Birth® website” or “I have some Evidence Based Birth® materials to share with you” is correct. Saying, “Do you want an evidence based birth?” or “By learning these materials, you too can have an evidence based birth” is not permitted, as it lessens the strength of the EBB trademark and brand.
Members may not represent themselves as an EBB employee, representative, or Instructor of EBB at any time.
The Member will use the correct spelling of “evidence based” at all times, and will not refer to it as “evidenced based” in any communications either verbal or electronic.
Members are not permitted to use the official EBB Logo on websites, brochures, business cards or other promotional materials that belong to Members.
The trademarked phrase, “Evidence Based Birth”, with or without the registered service mark ® or our official EBB Logo may not be used to create merchandise, goods, handouts, or products of any kind, for sale or for gifts, without specific approval by EBB.
Members will make every effort to use the trademark ® symbol when referring to the Evidence Based Birth® website, materials, classes, membership, or any other resources that come from Evidence Based Birth®.
EBB Policy on using the Title of EBB Instructor, Educator, Doula, or Midwife
- Members will NOT use the EBB Logo or title of EBB Instructor unless they have been officially accepted to and completed the official EBB Instructor Training Program.
- Members may NOT call themselves an Evidence Based Birth Childbirth Educator” “Evidence Based Birth Doula,” “Evidence Based Birth Midwife,” “Evidence Based Birth Physician,” or “Evidence Based Birth Nurse,” etc.
- Members may NOT use the title of “Evidence Based Birth® Professional Member” unless they officially join the EBB Professional Membership program.
- Members may NOT use the initials EBB after their name.
- Members may not use the Evidence Based Birth® trademark phrase on your bio or resume.
The Following EBB Policies Apply to all Members
- Members are not permitted to use the material presented in any of our courses as part of a childbirth education curriculum, childbirth education class, workshop, childbirth education class series, doula training series, childbirth educator series, conference presentation, or in any other group setting, without written permission from EBB management.
- Members are not permitted to sell, give or donate any EBB materials, or provide Printer-Friendly PDFs to any person who is not a current client of theirs, without obtaining prior written permission from EBB management.
- Members are not permitted to sell the Printer-Friendly PDFs or any other EBB materials or products of any kind in person or online, in any way, in any form, for any reason whatsoever.
- Members are not permitted to upload, download, e-mail, file share, or in any other way disseminate Printer-Friendly PDFs, or any EBB materials electronically or in a duplicated hard copy, unless they are sharing them with a client or individual colleague, and if EBB has specifically noted on the PDF that the Member has permission to reproduce or share the article.
- Any permitted electronic sharing of permitted documents must take place via private messaging (i.e. email). PDFs may not be posted online.
- If it is discovered that the Member has posted the Printer-Friendly PDFs online, this is automatic grounds for dismissal from the EBB Academy.
This Agreement may be terminated immediately by either party, with or without cause. In the event this Agreement is terminated for any reason, you agree to delete all Printer-Friendly PDFs provided to you, and to immediately cease use of EBB’s copyrighted materials.
FULL AGREEMENT; CHOICE OF LAW
This written agreement expresses my complete understanding with respect to my rights, granted, licensed, assigned, waived and released herein, and supersedes any and all prior written and oral agreements and understandings (if any) between me and EBB. This Agreement shall be governed by the laws of the Commonwealth of Kentucky. I acknowledge that I have read this Agreement and have had a full, fair, and reasonable opportunity to ask questions concerning its terms and to evaluate the answers given personally, or in consultation with legal counsel. I further acknowledge that I have read, understood, and agree to comply with all the requirements as stated above, and I pay my enrollment fee as evidence to my full consent and agreement to such terms as my free and voluntary act.