Last Updated June 1, 2020
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.
- Modification. BeHerVillage reserves the right to modify any of the Terms or any policies governing the use of the Services, at any time, by posting the revised terms on the Site. The most current version of the Terms will be located on the Site. Any such modification will be effective upon our posting of new Terms. You should revisit these Terms on a regular basis. You understand and agree that your access to or use of the Services is governed by the then-current Terms effective at the time of your access to or use of the Services, and that your continued access to or use of the Services after the effective date of any modification constitutes your acceptance thereof.
- Member Account. You must be at least 18 years of age and a resident of the United States to access or use the Services.
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.
- Prohibited Conduct. In using the Services, you are strictly prohibited from the following, and represent, warrant, and agree that you will not use or interact with the Services, including by contributing any content or Member Account information in a manner that:
- Violates any law, rule or regulation, or promotes any unlawful behavior;
- Infringes or violates the intellectual property rights or any other rights of anyone else (including BeHerVillage);
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, vulgar, libelous, defamatory or otherwise objectionable in BeHerVillage’s sole discretion;
- Jeopardizes the security of your Member Account or any other user’s Member Account (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from the Member Account of any other user;
- Violates the security of any computer network, including any attempts to hack users’ passwords;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services;
- Uses any names, e-mail addresses and other contact information from profile information or the pages and postings on the Site for the purpose of sending any unsolicited e-mails to any parties;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Site (through use of manual or automated means);
- Copies or stores any significant portion of the content on the Site;
- Brings disrepute to, or otherwise harms the reputation of, BeHerVillage;
- Misrepresents the identity of any person or the origin of any information posted on the Site;
- Transmits any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.);
- Collects, stores, or posts any personal data of or about BeHerVillage users without authorization; or
- Constitutes a solicitation of any kind.
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.
- Refusal of Services; Termination. BeHerVillage reserves the right, with or without notice, and in its sole and absolute discretion, to terminate your use of the Services or refuse service to you in the event of any improper use of the Services or use of the Services in violation of any of these Terms. Upon termination of a Member Account, BeHerVillage may delete any material and information associated with the Member Account (including your user name, password, registry and profile). You acknowledge and agree that BeHerVillage shall not be liable to you or any other party for the termination of access to the Site, of your Member Account, or the removal of any user material from the Site.
- Third-Party Payment Services. BeHerVillage uses WePay.com (“WePay”) as its third-party payment services provider. WePay allows gift givers (guests) to send funds directly to those who register with BeHerVillage in order to pay for third-party services. Funds sent as gifts are not received by BeHerVillage. All funds go directly to the Member’s bank account, from which the Member can then pay for the third-party services that the Member arranges directly with the third-party service provider. BeHerVillage does not collect, store or have access to any payment information provided to WePay or to the Member. You acknowledge that while BeHerVillage provides links to WePay, BeHerVillage does not control and is not responsible for payments made or received through this service. Use of WePay, including any fees to WePay, is governed by and subject to WePay’s terms and conditions, which can be viewed here. BeHerVillage is not responsible for lost payments, identity theft, fraud, refunds or any other issue arising from using WePay, and any and all issues concerning use of WePay must be handled directly with WePay.
- BeHerVillage Content. Except as set forth in Section 7, any materials displayed or performed or available on or through the Site and Services, including but not limited to, text, graphics, data, articles, photos, images, illustrations (all of the foregoing, the “Content”) are the property of BeHerVillage, and are protected by copyright and/or other intellectual property laws. You represent and warrant that you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, without the prior consent of the owner of that Content, or in a way that violates BeHerVillage’s rights or the rights of any other third party. You agree not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services. You acknowledge and agree that BeHerVillage transfers no ownership or intellectual property interest or title in and to the Content or the Services to you or anyone else in connection with your use of the Services. BeHerVillage may, in its sole discretion, remove any Content from the Services at any time, for any or no reason and without notice.
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.
- Third-Party Content. The Site contains information about third-party service providers from which gift givers may choose in order to provide gifts of services to those who set up a Member Account. This information is provided by the third-party service providers themselves. Such information might also contain materials protected by copyright, trademark or other laws, and all such rights in those materials solely belong to the third-party service provider. In addition, users may list the names of third-party service providers they are using or wish to use that are not otherwise listed on the Site. Accordingly, the Site contains links or connections to third-party websites, applications, services or other materials (“Third-Party Content”) that are not owned or controlled by BeHerVillage. You accept and acknowledge the risks of accessing any Third-Party Content, and that BeHerVillage has no control over and assumes no responsibility for any Third-Party content or third-party sites.
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.
- User Content. You acknowledge that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, e-mail or otherwise submit to or sent through the Site (“User Content”), and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, and non-infringement of any third party’s rights.
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.
- Complaints; User Feedback. In the event that a user has a complaint or wishes to give feedback concerning the Services or a third-party service provider, all comments should be directed to email@example.com. BeHerVillage has no responsibility for any services provided by third parties and cannot be responsible for addressing or intervening in any dispute between a user and a third-party service provider. All such disputes between a user and a third-party service provider must be handled directly with the service provider.
- Electronic Delivery of Communications. You agree and consent to receive electronically all communications from BeHerVillage, including communications relating to the Services, to your Member Account, or to new products or services. You agree that BeHerVillage may provide these communications to you by posting them via the Services, emailing them to you at the email address you provide to BeHerVillage, and/or by sending an SMS or text message to the mobile phone number you provide to BeHerVillage.
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.
- Notification of Infringement Claims. BeHerVillage respects the intellectual property of others, and we ask our users to do the same. BeHerVillage may, in its sole discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your copyrighted work has been infringed, please contact us at firstname.lastname@example.org and provide BeHerVillage's copyright agent (at the address below), in writing, with the following information as required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
BeHerVillage's agent for notice of claims of copyright infringement on this site can be reached using the contact information below.
- Changes to the Site. BeHerVillage reserves the right from time to time to make modifications to the Site. These modifications may include, but are not limited to, discontinuing, temporarily or permanently, with or without notice, any service offered by, or through BeHerVillage). You agree that BeHerVillage shall not be liable to you or to any other party for any claims or losses arising from any modifications to the Site.
- DISCLAIMER OF WARRANTIES. NONE OF BEHERVILLAGE, ITS LICENSORS, PARTNERS, SUPPLIERS OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT OR OTHER MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND BEHERVILLAGE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PRICE INFORMATION FOR ANY THIRD-PARTY SERVICE.
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.
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.
- LIMITATION OF LIABILITY. BEHERVILLAGE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES IN CONNECTION WITH YOUR INABILITY TO USE THE SERVICES AND THE SITE OR ANY CONTENT APPEARING ON THE SITE. IN NO EVENT WILL BeHerVillage BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS (WHETHER CAUSED BY THIRD-PARTY SERVICE PROVIDERS OR OTHERWISE) RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, OR LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER BeHerVillage HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF BeHerVillage UNDER THESE TERMS, TO ANY PARTY FOR ANY REASON, EXCEED ONE HUNDRED DOLLARS ($100.00).
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.
- Indemnification. You agree to indemnify, defend and hold harmless BeHerVillage, its parents, subsidiaries, affiliates, and each of their respective directors, officers, shareholders, members, employees, agents, partners and contractors, from and against any claim or demand, loss, damages, and costs, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available to you or by you on the Site, by your use of the Site, or by your violation of BeHerVillage's Terms, or your violation of the rights of any third party.
- ARBITRATION AGREEMENT. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE ALL DISPUTES WITH BeHerVillage AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
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.
- CLASS ACTION WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. A CLAIMANT OR THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION OR JOINT LITIGATION. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY, ON A CLASS BASIS OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. YOU ACKNOWLEDGE AND AGREE THAT YOU AND BEHERVILLAGE ARE WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS REPRESENTATIVE IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
- General Provisions.
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
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.
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.
The section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.
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.
Our agent for notification of infringement claims can be contacted at: 62 West Chestnut Street, Farmingdale, NY 11735