Updated March 15, 2023
The parties to this Agreement, the Course-Only Mini Membership “Member” and Evidence Based Birth, Inc, a Kentucky C-Corp, enter this Agreement as of the date (“Effective Date”) that the Member pays their initial membership fee or, in the case of Members with full scholarships or free trials, creates their user login at https://evidencebasedbirthacademy.com
Background and Reason for this Agreement
EBB publishes educational and informational articles and materials that discuss evidence based medical research on pregnancy and childbirth. EBB has developed a Course Library Mini-Membership program, in which Members will receive:
- Pre-recorded training courses with continuing education hours (“Course library”) and materials for taking notes (“Lecture handouts”)
In consideration of the right to be a member of the Evidence Based Birth® Course Library Mini-Membership program (“Member”), the Member agrees to abide by the terms of this Agreement.
This Agreement shall commence on the Effective Date and expire 30 days after the final payment of the monthly membership fee, or one year after the final payment of the annual membership fee, or upon expiration of a scholarship (the “Term”). The Member may renew this Agreement for additional one (1) month or (1) year terms by paying the monthly or annual membership fee. From time to time, EBB offers 14- or 30-day free trials for new Members. If your membership began as a free trial, you agree that all terms and conditions in this Agreement remain in effect when you create your login, prior to beginning payment for your Membership.
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 website 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 website 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 Professional Membership 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 website using your username and password. 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 online courses and any course materials with your clients or colleagues, 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.
By being registered as a Member you are, subject to these Membership Terms, entitled to:
- Take online classes and earn continuing education hours in the https://evidencebasedbirthacademy
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® info 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 or representative.
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 of the Mini Membership PDF Library will NOT use the title of “EBB Professional Member” or “EBB Member” unless they are current members of the all-access Pro Membership program.
- Members will NOT use the 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 initials EBB after their name, as this is not a certification.
- Your resume or website bio may list the Online courses which you have completed at Evidence Based Birth®, along with the year of completion.
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, nurse training series, conference presentation, or in any other group setting.
- Members are not permitted to upload, download, e-mail, file share, or in any other way disseminate lecture handouts, or any EBB course materials electronically or in a duplicated hard copy, unless EBB has specifically noted on that handout that the Member has permission to reproduce or share.
- If it is discovered that the Member has shared their login info, this is automatic grounds for dismissal from the Membership program.
Membership Renewal Policy:
- If you have purchased a monthly membership, your payment/withdrawal will occur automatically every 30 days, unless you cancel or pause your account prior to the day of the automatic payment.
- Renewal of annual memberships will be automatic unless you log into your account and cancel or pause the membership.
- In the event of cancellation, this Agreement will be terminated automatically by EBB; you will no longer have access to the Course Library at https://evidencebasedbirthacademy.com, and you will no longer be able to download course materials or have access to re-download any continuing education certificates you earned during your membership.
- If you have a student scholarship, proof of continued full or part-time student status must be provided if you would like to renew the student scholarship past one year.
This Agreement may be terminated by either party, with or without cause. The Agreement will also be terminated in the event the Member cancels, pauses, or stops paying their membership fee.
FULL AGREEMENT; CHOICE OF LAW
This 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 and/or create my user login as evidence to my full consent and agreement to such terms as my free and voluntary act.
For questions, contact:
- Evidence Based Birth, PO Box 910332, Lexington, KY 40591