Last updated July 24, 2024
BeHerVillage Terms of Use
Last Updated June 1, 2020
Welcome to BeHerVillage.com, which is operated by BeHerVillage, Inc. (“BeHerVillage,” “we,” “us” or “our”). These Terms of Use (the “Terms”) are a binding contract between you and BeHerVillage, and govern your use of the BeHerVillage.com website (the “Site”) and BeHerVillage products, services and applications (collectively, the “Services”). These Terms apply to your access and use of any Site content, personalized registry information, user profile information, photos, and graphics, as well as your access to and use of any third-party services identified on the Site.
By accessing the Site, registering for an account with BeHerVillage, or by clicking “Agree” when prompted, you agree that you have read, understood and accepted all of the Terms, as well as BeHerVillage’s privacy policy (the “Privacy Policy”) governing the Services. If any term or condition of the Terms is unacceptable to you, please do not visit, access, or use the Services.
NOTICE: Please read these Terms and the Privacy Policy carefully as they govern your use of the Services. These Terms contain important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved.
BeHerVillage is the premier online registry for birth-related services. Our goal is to provide mothers with a centralized site to register to receive gifts of personal services from local businesses, such as doulas, lactation consultants, house cleaning and meal services, and child care, to assist with all facets of childbirth and the “coming home” process.
In order to access or use the registry Services, you must establish an account and set up a profile (the “Member Account”). You agree that any information you provide in your Member Account is accurate and complete as of the time provided. You agree to update any information provided to BeHerVillage to keep it accurate and complete. Failure to provide accurate and complete information, and timely update such information, may result in the suspension or termination of your Member Account, and refusal of future services.
Violation of any of the foregoing restrictions shall result in immediate termination of your use of the Services. You are further prohibited from using the Services in any manner that is not expressly and unambiguously authorized by these Terms.
Subject to your continued compliance with these Terms, BeHerVillage provides to you a revocable, limited, nonexclusive, non-transferable, and non-sublicensable license to access and use the Services and Content, and to create a hyperlink to the Site or to your personal registry page within the Site. The license granted herein automatically terminates upon BeHerVillage’s suspension or termination of your Member Account or your ability to access or use the Services, or upon your cancellation of your Member Account.
All rights not expressly granted under these Terms are hereby reserved.
BeHerVillage does not control the content posted about third parties on the Site, and does not guarantee, and expressly disclaims any guarantees or warranties, relating to the accuracy, integrity or quality of any Third-Party Content.
BeHerVillage does not endorse or make any representations about third-party sites, service providers or any Third-Party Content, including any results that may be obtained from using them. Further, the ability to access any Third-Party Content through the Services does not constitute an endorsement by BeHerVillage of any provider, product, service or information, and you expressly agree and acknowledge that accessing or using any Third-Party Content or service provider is solely at your own risk. Under no circumstances will BeHerVillage be liable in any way for any Third-Party Content or service provider, including, but not limited to, for any errors or omissions in any content, or for any loss or damage (including but not limited to personal injury, death or property damage) of any kind incurred as a result of the use of any third-party service providers.
You expressly waive as against BeHerVillage, and BeHerVillage expressly disclaims, any liability, losses or damages arising from your accessing, or incurred as a result of any actions taken in reliance on, any Third-Party Content.
We encourage you to be aware when you leave the Services, and to read the terms and conditions and investigate the source of any Third-Party Content that you visit or use.
All of the foregoing restrictions, acknowledgements, disclaimers and waivers in Section 7 concerning Third-Party Content also apply to User Content.
In addition, you are solely responsible for maintaining the confidentiality of your password and user credentials for accessing your Member Account, and agree to notify BeHerVillage if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are solely responsible for any and all activities that occur under your Member Account, including any fees that may be incurred, whether or not you are the individual who undertakes such activities.
BeHerVillage does not claim ownership of any User Content (including photos and graphics) you submit or make available for inclusion on the Site. You hereby grant to BeHerVillage a worldwide, royalty-free, non-exclusive, sublicensable license to use, distribute, reproduce, modify, adapt and publicly display such content in connection with the Services. You acknowledge and agree that information that you submit or make available for inclusion in publicly accessible areas of the Site may be viewed by the public.
It is your responsibility to provide BeHerVillage with your accurate email address, contract information and/or mobile phone number, and to update such information with BeHerVillage. If BeHerVillage sends you an electronic communication but you do not receive it because your contact information on file is incorrect, or you are otherwise unable to receive electronic communications, BeHerVillage will be deemed to have provided the communication to you.
All communications from BeHerVillage in electronic format will be deemed to be “in writing,” and to have been received within twenty-four (24) hours after posting or dissemination.
You may decline or withdraw consent to receive communications electronically from BeHerVillage, but you agree and acknowledge that BeHerVillage may suspend or terminate your use of the Services if you do not consent to receive communications in electronic format.
By authorizing BeHerVillage to send email and/or text messages to you and one or more others on your behalf, that you and each person you have instructed us to message consent to receive such messages and any other related administrative text messages from BeHerVillage. “Administrative text messages” are transactional messages from BeHerVillage, including but not limited to instructional messages on how to stop receiving messages. Recipients who no longer wish to receive messages can opt-out of receiving further messages from BeHerVillage at any time by replying “STOP” to any text message or using the “UNSUBSCRIBE” link in any BeHerVillage email. If you have reason to believe that a recipient no longer wishes to receive messages from BeHerVillage, you agree to notify BeHerVillage. You also represent and warrant to us that you and each person you have instructed us to message understands that each person is responsible for the costs of any message charges assessed by his or her mobile carrier, including any international message charges that may apply when messages are transmitted from U.S.-based numbers.
BeHerVillage's agent for notice of claims of copyright infringement on this site can be reached using the contact information below.
YOUR USE OF THE SITE AND OF THE SERVICES OF ANY SERVICE PROVIDER IS AT YOUR OWN RISK. THE SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEHERVILLAGE EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BEHERVILLAGE MAKES NO WARRANTY THAT: (i) THE SERVICES PROVIDED ON THE SITE WILL MEET ANY OF YOUR REQUIREMENTS; (ii) THE SERVICES PROVIDED ON THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE ON THE SITE WILL BE USEFUL, ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE OPERATION OF THE SITE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BeHerVillage OR FROM ANY SERVICE PROVIDED ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
THE DISCLAIMER OF WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
You and we acknowledge and agree that any controversy, claim or dispute arising out of or relating to the subject matter of these Terms or to the Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be finally resolved, on an individual basis, through binding arbitration. Any arbitration shall be conducted (i) confidentially, (ii) in English, (iii) by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), (iv) before a single arbitrator with substantial experience in resolving commercial contract disputes, and (v) in accordance with the JAMS Streamlined Arbitration Rules & Procedures.
Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
Any dispute over the arbitrability of these Terms and/or the arbitrability of any dispute shall be resolved in arbitration in accordance with this provision.
You agree that you are electing to have any and all claims and disputes between you and BeHerVillage resolved by binding arbitration and are giving up any rights to go to court, except as expressly provided herein. YOU ACKNOWLEDGE AND AGREE YOU AND BeHerVillage ARE EACH WAIVING ANY RIGHT TO A TRIAL BY JURY.
To the extent that any controversy, claim or dispute is not resolved by binding arbitration, you and BeHerVillage agree that any judicial proceeding will be brought in the state or federal courts located in Nassau County, New York.
a. Governing Law
These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws principles, and the same will apply to any dispute that arises between you and BeHerVillage.
b. Entire Agreement
These Terms, including the Privacy Policy, constitute the entire agreement between you and BeHerVillage with respect to the subject matter hereof, including the Services. These Terms, including the Privacy Policy, supersede any and all prior or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
c. Survival
All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms shall survive termination of your Member Account. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any Terms regarding ownership or intellectual property rights, and Terms regarding disputes between us, including without limitation the arbitration agreement.
d. No Waiver
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
e. Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Member Account, in any way (by operation of law or otherwise) without BeHerVillage’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent, including as part of a change of control or other corporate combination or transaction.
You acknowledge and agree that any of BeHerVillage’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiaries hereof.
f. Headings
The section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.
g. Severability
If any provision of these Terms shall be determined to be unenforceable or invalid under any rule, law or regulation of any local, state or federal government, such provision will be limited, changed or eliminated only to the minimum extent necessary to accomplish the objectives of the provision to the greatest extent possible under applicable law and these Terms shall otherwise remain valid, in full force, and enforceable.
h. Force Majeure
BeHerVillage shall not be liable for delays, failure in performance or interruption of any of the Services which result directly or indirectly from any abnormal or unforeseeable circumstance, cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
i. Time Limit on Claims
You agree that any claim or cause of action arising out of or related to the Services or these Terms must be brought within one (1) year after such claim or cause of action arose or will be time barred.
j. Contact
If you have questions or concerns regarding these Terms, you should contact BeHerVillage by e-mailing [email protected] and writing "Terms of Use" in the subject line. You may also write to BeHerVillage at: 62 West Chestnut Street, Farmingdale, NY 11735
Our agent for notification of infringement claims can be contacted at: 62 West Chestnut Street, Farmingdale, NY 11735
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