Professional Membership Terms

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:

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, 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.

TERM

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.

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 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:

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:

The Following EBB Policies Apply to all Members

Membership Renewal Policy:

TERMINATION

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: