Updated March 12, 2021
The parties to this Agreement, Professional Member “Member” and Evidence Based Birth®, LLC, a Kentucky limited liability company (“EBB”), 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 professional membership program, in which Members will receive:
- Pre-recorded training courses with continuing education hours
- Live webinars with contact hours and access to the recordings for up to 2 years
- Access to a private internet forum for Members (“EBB Forum”)
- Printer-friendly PDFs of the full-length EBB articles that Members can use with clients and individual colleagues (“Printer-Friendly PDFs”)
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, the Member agrees 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, along with the trademarks of EBB for the purpose of listing “Evidence Based Birth® Professional Membership” on your biography, resume, or C.V. 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 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 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. 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 (with the exception of the publicly available 1-page handouts), and no longer has permission to use the phrase “Evidence Based Birth® Professional Member” on their resume or bio.
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 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 training courses or webinars, the EBB Forum, and use of 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.
By being registered as a Member you are, subject to these Membership Terms, entitled to:
- Participate in online forums;
- Earn continuing education hours in the https://evidencebasedbirthacademy ; and
- 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 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 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.
- Accepted use of the Evidence Based Birth® trademark phrase may be included on your bio, along with your listing of other professional memberships, if you have them. For example, your resume or website bio may state: Memberships to professional organizations include: American College of Nurse Midwives, Evidence Based Birth® Professional Membership, etc.” or “I am a Professional Member at Evidence Based Birth®, where I receive frequent continuing education on the best practices in the field.”
The Following EBB Policies Apply to all Members
- Members are not permitted to use the material presented in any of our training courses or webinars 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 sell, give or donate any EBB Printer-Friendly PDFs to any person who is not a client or individual colleague 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 that PDF that the Member has permission to reproduce or share.
- Any electronic sharing of permitted documents must take place via private messaging (i.e. email).
- If it is discovered that the Member has posted the Printer-Friendly PDFs online, this is automatic grounds for dismissal from the EBB Professional Membership.
- Taking screen shots of the Evidence Based Birth® forums (including posts in the private Facebook group or comments in webinar chat rooms) is expressly forbidden, and is grounds for immediate dismissal from the Membership.
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 https://evidencebasedbirthacademy.com, and you will not be permitted to use the EBB Printer-Friendly PDFs, or state that you have an Evidence Based Birth® Professional Membership. The phrase “Evidence Based Birth® Professional Member” will need to be taken off of your website and resume.
- 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. 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 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