Professional Membership Terms

The parties to this Agreement, Evidence Based Birth® Professional 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.

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 professional membership program, in which Members will receive:

AGREEMENT

In consideration of the right to be a professional 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 and individual colleagues the Printer-Friendly PDFs. EBB retains title and ownership of the Printer-Friendly PDFs. Any and all improvements, amendments, changes, translations, alterations, and derivatives to the Printer-Friendly PDFs created by the Member shall become the property of EBB, and Member agrees to assign any and all rights, title, and interest in and to such improvements, amendments, changes, translations, alterations, and derivatives to the Printer-Friendly PDFs to EBB. 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.

TERM

This Agreement and the license granted herein shall commence on the Effective Date, and expire on the monthly anniversary of the payment of the monthly membership fee, or the one year anniversary of the payment of the annual membership fee (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. In the event this Agreement and the license granted herein are terminated for any reason, the EBB Member shall immediately cease using any Printer-Friendly PDFs, and no longer has permission to use the phrase “Evidence Based Birth® Professional Member” on their resume or bio.

Student Scholarship Addendum: 

This Agreement and the license granted herein shall commence on the Effective Date, and expire on the monthly anniversary of the payment of the monthly membership fee (the “Term”). After 12 months, the Member may renew this Agreement for additional one (1) month terms under the scholarship by paying the monthly membership fee, as well as providing proof of continued full or part-time student status. In the event this Agreement and the license granted herein are terminated for any reason, the EBB Member shall immediately cease using any Printer-Friendly PDFs, and no longer has permission to use the phrase “Evidence Based Birth® Professional Member” on their resume or bio.

Birth Professionals of Color Scholarship Addendum:

This Agreement and the license granted herein shall commence on the Effective Date, and expire on the monthly anniversary of the payment of the monthly membership fee, or the one year anniversary of the payment of the annual membership fee (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. In the event this Agreement and the license granted herein are terminated for any reason, the EBB Member shall immediately cease using any Printer-Friendly PDFs, and no longer has permission to use the phrase “Evidence Based Birth® Professional Member” on their resume or bio.

Membership

You may only become a Member if you are a birth professional, health care professional in the maternity care field, or if you are a birth advocate.

EBB may, at its sole discretion, elect to:

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 Professional Membership 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 Professional Membership 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 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 Professional Membership 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 Printer-Friendly PDFs, or the EBB Forum and using the Printer-Friendly PDFs 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.

Benefits conferred by Membership

By being registered as a Member you are, subject to these Membership Terms, entitled to:

  1. Participate in online forums;
  2. Earn continuing education hours in the Membership section of the EBB site; and
  3. Use the Printer-Friendly PDFs with your clients and individual colleagues as described in the Grant of License

 

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

The Following EBB Policies Apply to all Members

Membership Renewal Policy:

Student Scholarship Addendum:

Birth Professionals of Color Scholarship Addendum:

TERMINATION

This Agreement may be terminated by either party, with or without cause. The Agreement will also be terminated in the event the Member stops paying their membership fee. 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.