Terms of Use – MatriBirth Directory

Updated: 09/03/2024

Description of Services; Limitations; User Responsibilities

1.1 About Our Services

MatriBirth Directory LLC (“MatriBirth”) provides access to a professional network designed to support and educate individuals seeking to learn about natural birth and connect with a network of Sovereign Birth Professionals (“SBPs”). We facilitate connections between individuals and a network of sovereign birth professionals who offer support and guidance to those choosing to sovereign birth. This includes providing a platform for individuals to search for, connect with, and communicate with birth professionals who share their values and approach to childbirth.

Our services continue to evolve. Please refer to our website for the most up-to-date information on the services we provide.

1.2 Limitations of our Services

While we strive to offer comprehensive support and education for those interested in sovereign birth, it is important to understand the limitations of our services:

Non-Medical Services: MatriBirth does not employ any medical professionals, and we do not offer any medical, diagnostic, treatment, or clinical services. We do not engage in any conduct that requires a professional medical license. Our services are educational and supportive in nature, and any decisions regarding medical care or intervention are solely the responsibility of the client.
No Employment Relationships: We do not employ any of the birth professionals in our network, nor do we act as an employment agency. We do not control, monitor, supervise, or oversee the quality, timing, or legality of services delivered by these professionals. Clients are responsible for any agreements or arrangements made with birth professionals they choose to work with.
No Referrals or Recommendations: We do not refer or recommend specific birth professionals or guarantee the suitability, reliability, or accuracy of the services provided by any professional in our network. Any screening of birth professionals that we offer is limited and should not be considered comprehensive or conclusive.

Please carefully review the Release of Liability and Third-Party Content and Conduct sections that follow for important limitations on MatriBirth’s liability.

1.3 User Responsibilities

Registered users of MatriBirth are solely responsible for interviewing, vetting, and selecting birth professionals to support their sovereign birth experience. This includes performing any necessary background checks, verifying information provided, and making informed decisions about who to work with. MatriBirth does not assume any responsibility for the actions or services provided by the birth professionals within our network.

We encourage you to take careful steps in making informed decisions when selecting a birth professional to support your sovereign birth journey. It is essential to ensure that the professional you choose aligns with your values and meets your specific needs.

Each client is responsible for complying with all applicable laws and regulations when entering into any agreement with a birth professional. This includes verifying the credentials, experience, and suitability of the professional to ensure a safe and supportive birth experience.

Eligibility to Use the Site and Services

By requesting to use, registering to use, and/or using the Site or the Services provided by MatriBirth, you represent and warrant that you have the right, authority, and capacity to enter into these Terms, and you commit to abide by all the terms and conditions herein. You also represent and warrant that you meet the following eligibility criteria:

You intend to use the Site and Services solely for the purpose of accessing educational resources, connecting with birth professionals, or sharing information related to sovereign birth.
Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, please do not register to use the Site or Services.
The Site and Services are currently available only to individuals who reside legally in a jurisdiction where such services are permitted. If you reside outside such a jurisdiction, please visit our Site homepage for more information.
If you are registering to offer services as a birth professional, you must have the legal right to offer such services in your jurisdiction.
Neither you nor any member of your household may have ever been:
- The subject of a conviction, arrest, charge, complaint, restraining order, or any other legal action involving:
  - Any felony;
  - Any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, theft, drugs, or
  - Any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct.
- Registered, or currently required to register, as a sex offender with any government entity.

Use Restrictions

3.1 Exclusive Use

If you are seeking birth education or services, you may use the Site and Services only for yourself or for individuals for whom you are responsible. If you are a birth professional, you may use the Site and Services only to connect with those seeking your services. You are responsible for all activity on and use of your account that you create through the Site and Services, if applicable, and you may not assign or otherwise transfer your account to any other person or entity.

3.2 Prohibited Uses

By using the Site or Services of MatriBirth, you agree that you will not under any circumstances:

Use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
Use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to sovereign birth, or for any other purpose not expressly intended by MatriBirth;
Harass, abuse, or harm another person or group, or attempt to do so;
Use another user’s MatriBirth account;
Provide false or inaccurate information when registering an account, using the Services, or communicating with other Registered Users;
Attempt to re-register with MatriBirth if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
Interfere or attempt to interfere with the proper functioning of MatriBirth’s Services;
Make any automated use of the system or take any action that imposes or potentially imposes an unreasonable or disproportionately large load on our servers or network infrastructure;
Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
Use the communication systems provided by or contacts made on MatriBirth for any commercial solicitation purposes other than those expressly permitted by MatriBirth;
Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

In order to protect our users from prohibited activity, MatriBirth reserves the right to take appropriate actions, including but not limited to restricting the amount of messages a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.

Should MatriBirth find that you violated the terms of this Section or any terms stated herein, MatriBirth reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services.

Termination

matribirthdirectory.com reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with matribirthdirectory.com, with or without notice for any reason or no reason. This may include, but is not limited to, situations where matribirthdirectory.com determines that you are not eligible to use the Services, have violated any terms stated herein or in any additional terms, are not suitable for participation as a Registered User, or have misused or misappropriated Site content, including but not limited to using it on a “mirrored,” competitive, or third-party site. Upon termination, matribirthdirectory.com is under no obligation to provide you with a copy of any content posted by or about you on the Site. If your registration is terminated, we have no obligation to inform you of the reason, if any, for your termination.

You understand and agree that, following any termination of an individual’s use of the Site or Services, matribirthdirectory.com has the right, but not the obligation, to notify other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information reflecting the individual’s character, general reputation, personal characteristics, or lifestyle.

Privacy

matribirthdirectory.com uses the information you provide on the Site or via the Services in accordance with our Privacy Policy. For more information, please refer to our full Privacy Policy, the terms of which are incorporated herein.

Links to External Sites

The presence of links to external sites on matribirthdirectory.com, including sites that may be framed by matribirthdirectory.com, or the inclusion of advertisements and other third-party content, does not imply endorsement of these external sites or their content, products, advertising, or services. These links are intended solely for user convenience and reference. matribirthdirectory.com does not control or assume responsibility for third-party sites and their content. Such external sites are governed by their own terms of use and privacy policies, not by the terms of matribirthdirectory.com or its Privacy Policy.

matribirthdirectory.com expressly disclaims any responsibility for any consequences arising from the use or viewing of links on this Site. Users agree to indemnify and hold matribirthdirectory.com harmless from any claims or liabilities resulting from their use of these links.

Payment and Refund Policy

7.1 Billing and Payment

When you subscribe to a paid membership or purchase a service or product with a recurring fee from matribirthdirectory.com, you agree to pay all associated charges as outlined on our site at the time of payment. You also authorize matribirthdirectory.com, or a third-party payment processor, to charge your selected payment method according to the terms of your chosen subscription or product. We reserve the right to correct any errors or inaccuracies in billing even after payment has been processed.

If you choose to purchase additional services or products for a one-time fee, you authorize matribirthdirectory.com to charge your payment provider accordingly. If we already have your credit card information on file from previous transactions, we may use it to cover additional purchases.

matribirthdirectory.com reserves the right to alter fees for any services or products at any time. We will make reasonable efforts to notify you of such changes, but you will be responsible for all fees incurred under your account regardless of whether you are aware of these changes.

7.2 Automatic Subscription Renewal and Cancellation

All paid memberships and recurring fee-based services or products will automatically renew until canceled by the user.

For paid memberships, your subscription will renew at the end of the term for an additional equivalent period at the rate disclosed to you when you first subscribed, unless otherwise stated. If you select a subscription with monthly billing and cancel before the end of the subscription period, you will still be billed monthly until the end of the current term.

For other services or products with recurring fees, you will be charged at the specified intervals until you cancel the service or product.

We may adjust recurring fees for subscriptions, and you will be notified of such changes via email or through our site. Material changes will take effect at least 30 days after notification, while non-material changes will be effective immediately upon posting.

You can cancel your paid subscription at any time through your account settings. Cancellation will prevent future renewals, but you may still be charged any applicable fees for early termination as described when you subscribed.

7.3 Refund Policy

Payments for subscriptions, services, or products made through matribirthdirectory.com are non-refundable except as specified in these terms or at the time of purchase. No refunds or credits are provided for unused or partially used services or products, even if you cancel mid-term.

Release of Liability for Conduct and Disputes

By using matribirthdirectory.com or our services, you agree to release and hold matribirthdirectory.com (and its officers, directors, shareholders, employees, parents, subsidiaries, affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, and any other related entities) harmless from any claims or disputes that may arise out of:

The actions or omissions of, or interactions between, you and any individuals or entities related to sovereign birth, including those within our network of sovereign birth professionals and other users of the site.
Any information, advice, or services provided by individuals or entities within our network or communicated through our site.

matribirthdirectory.com and its affiliates expressly disclaim any liability for damages, lawsuits, claims, or controversies that arise or may arise, whether known or unknown, from the aforementioned interactions and information.

9. Age Restrictions

matribirthdirectory.com is intended for individuals who are 18 years of age or older. If it is determined that you do not meet the age requirements for using our site or services, your registration will be terminated immediately.

10. Disclaimers; Limitations; Waivers; Indemnification

10.1 No Warranty

The information and materials provided on matribirthdirectory.com, including text, graphics, information, links, or other items, are presented on an “as is” and “as available” basis. Opinions, advice, statements, offers, or other content available through our Services that are not directly provided by matribirthdirectory.com are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for their content. matribirthdirectory.com does not: (1) warrant the accuracy, adequacy, or completeness of this information and materials; (2) endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than matribirthdirectory.com; (3) warrant that your use of the Site or Services will be secure, free from computer viruses, uninterrupted, always available, error-free, or meet your requirements, or that any defects in the Site or Services will be corrected; or (4) provide any warranties of fitness for a particular purpose or non-infringement of third-party rights. To the extent permitted by applicable law, matribirthdirectory.com expressly excludes all conditions, warranties, and other terms that might otherwise be implied by statute, common law, or equity, and disclaims liability for errors or omissions in this information and materials.

Additionally, matribirthdirectory.com makes no representations or warranties of any kind, whether express or implied, regarding the suitability of any user of our Site to provide services as a birth professional or to utilize the services of a birth professional.

With respect to corporate clients, the information and material on the Site is provided for internal use only and may not be copied or redistributed for any reason. This information is provided “as is” without warranty of any kind and is the intellectual property of matribirthdirectory.com or its information providers. matribirthdirectory.com or its information providers will not be liable in any way regarding such information. Your use of the information must comply with all applicable laws and regulations.

10.2 Assumption of Risk

While matribirthdirectory.com takes steps to promote the safety of our Site and Services, finding birth education or related services via our platform involves inherent risks. We do not provide training, supervision, or monitoring of birth professionals or clients and cannot guarantee that all interactions with other users, their families, or associated individuals will always be completely safe and respectful. You agree to assume all risks when using the Site and Services, including but not limited to injury, illness, or other risks associated with online or offline interactions. You also agree not to rely solely on the steps matribirthdirectory.com may take to vet or screen users or their content. You are advised to take necessary precautions and review recommendations provided on our safety resources when interacting with other users.

10.3 Limitation of Liability

matribirthdirectory.com will not be liable for any indirect, special, incidental, or consequential damages, losses, or expenses arising from the use or inability to use the Site or Services, including damages related to information received from the Site, removal of content, or any failure of performance. Under no circumstances will matribirthdirectory.com’s aggregate liability exceed the amount you paid for your account or, if no payment was made, the sum of $25.00.

matribirthdirectory.com will not be liable for any damages related to the conduct of you or anyone else in connection with the use of the Site or Services, including bodily injury, emotional distress, or damages resulting from reliance on posted information or interactions with other users. This includes claims arising from users who registered under false pretenses or attempted to defraud or harm you.

Any advice posted on the Site is for informational purposes only and is not intended to replace professional advice. matribirthdirectory.com makes no representations or warranties concerning any treatment or action following the information provided on the Site. For specific concerns, consult a qualified specialist.

10.4 Indemnification

By agreeing to these Terms, you agree to indemnify, defend, and hold harmless matribirthdirectory.com and its affiliates from any claims, losses, expenses, or liabilities, including reasonable attorneys’ fees, arising from: (i) materials and content you submit, post, or transmit through the Site; (ii) your use of the Site or Services in violation of these Terms or applicable law; or (iii) any agreements or relationships formed with other users. You agree to cooperate in the defense of such claims and acknowledge that matribirthdirectory.com reserves the right to assume exclusive defense and control of any matter subject to indemnification. You must not settle any claim without matribirthdirectory.com’s written consent. You also agree to hold matribirthdirectory.com and its affiliates harmless from claims arising from third-party use of any information or materials you post to the Site.

11. Copyright Notices/Complaints

matribirthdirectory.com adheres to the Digital Millennium Copyright Act (“DMCA”) in addressing claims of copyright infringement. If you believe that materials available on or through our Site infringe your copyright, you may request the removal of these materials (or access to them) by contacting matribirthdirectory.com’s designated copyright agent with the following information:

Identification of the Copyrighted Work: Provide a description of the copyrighted work that you believe is being infringed, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the Infringing Material: Specify the material that you believe is infringing and its location. Describe the material and provide us with its URL or any other relevant information to help us locate it.
Your Contact Information: Include your name, address, telephone number, and (if available) e-mail address.
Good Faith Belief Statement: Provide a statement that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.
Accuracy Statement: State that the information you have provided is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
Signature: Include a signature or an electronic equivalent from the copyright holder or authorized representative.

matribirthdirectory.com’s designated agent for copyright issues is:

Copyright Manager

Email: support@andreasager.com

To protect the rights of copyright owners, matribirthdirectory.com maintains a policy for the termination of users who are found to be repeat infringers in appropriate circumstances.

12. Agreement to Arbitrate

12.1 Agreement to Arbitrate

This Section 13 is referred to in these Terms as the “Arbitration Agreement.” Unless you opt out in accordance with the opt-out procedures set forth in Section 13.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof, other than those expressly set out in Section 13.4, whether sounding in contract, tort, or otherwise, that have arisen or may arise between you and matribirthdirectory.com or a matribirthdirectory.com Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than in a court, in accordance with the terms of this Arbitration Agreement. This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

12.2 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND matribirthdirectory.com AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION, OR PROCEEDING. EXCEPT AS SET FORTH IN SECTION 13.7, UNLESS BOTH YOU AND matribirthdirectory.com EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST matribirthdirectory.com AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER matribirthdirectory.com USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

12.3 Pre-Arbitration Dispute Resolution

matribirthdirectory.com is committed to resolving disputes amicably and efficiently. Accordingly, both parties acknowledge and agree that before initiating arbitration, they will first make a good faith effort to resolve the dispute informally. This informal resolution requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account, if applicable, to the following address: matribirthdirectory.com, Attn: Legal Department, 66 Church St, #203, North Carolina, 28904. The written description must be on an individual basis and provide, at a minimum, the following information: your name; a description of the nature or basis of the dispute; the specific relief sought; and proof of your relationship with matribirthdirectory.com. If the dispute is not resolved within sixty (60) days after receipt of the written description, you and matribirthdirectory.com agree to follow the resolution procedures for any dispute described in this Section 13.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding (“Claim”). The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

12.4 Arbitration Procedures

If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration (except as otherwise specifically provided herein) and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of National Arbitration and Mediation (“NAM”), including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions, as modified by this Arbitration Agreement. For information on NAM, please visit its website, https://www.namadr.com/. Information about NAM’s Rules and fees can be found at https://www.namadr.com/resources/rules-fees-forms/. If there is any inconsistency between the NAM Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including, without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court. If you are a matribirthdirectory.com registered user, any demand initiating arbitration, whether filed by you or matribirthdirectory.com, must include the email address you used to register with matribirthdirectory.com.

For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in Charlotte, NC (unless otherwise agreed by the parties). If the value of the relief sought is $10,000 or less, you or matribirthdirectory.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and matribirthdirectory.com subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or matribirthdirectory.com, unless the arbitrator requires otherwise.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of North Carolina, including recognized principles of equity, and will honor all claims of privilege recognized by law. Except for decisions in arbitrations that are joined together in a single batch as described in Section 13.7, an arbitrator shall not be bound by rulings in prior arbitrations involving different matribirthdirectory.com users, but is bound by rulings in prior arbitrations involving the same matribirthdirectory.com user to the extent required by applicable law.

Notwithstanding the parties’ decision to resolve all Claims through arbitration, each party retains the right to (i) elect to have any Claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

12.5 Costs of Arbitration

If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, matribirthdirectory.com will pay as much of any filing and hearing fees in connection with the arbitration in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the arbitrator’s rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for all other fees and costs you incur in connection with the arbitration, including your attorneys’ fees and costs.

12.6 Severability

If any part of this Arbitration Agreement is found to be invalid or unenforceable, the remaining portions shall still apply. If the class action waiver in Section 13.2 is found to be invalid or unenforceable for any reason, then the entire Arbitration Agreement shall be deemed null and void, but any Claims filed before a court or arbitrator shall proceed in accordance with the applicable court rules or arbitrator rules and the applicable limitations period will be tolled until the date the court or arbitrator renders a decision on the enforceability of the waiver. If any provision of this Arbitration Agreement is held to be unenforceable, the unenforceable provision shall be substituted with a provision that most closely reflects the original intent of the parties and that is enforceable.

12.7 Opt-Out Procedure

You may opt out of this Arbitration Agreement. To do so, you must send a written notice of your decision to opt out to matribirthdirectory.com at the following address: matribirthdirectory.com, Attn: Legal Department, 66 Church St, #203, North Carolina, 28904. The written notice must include the following information: (i) your name; (ii) your address; (iii) your email address; and (iv) a clear statement that you are opting out of this Arbitration Agreement. The notice must be received within thirty (30) days of your acceptance of these Terms. If you do not send a written notice of your decision to opt out within the specified time period, you will be bound by this Arbitration Agreement.

12.8 No Waiver

The failure of matribirthdirectory.com to enforce any right or provision of this Arbitration Agreement shall not constitute a waiver of such right or provision.

12.9 Survival

This Arbitration Agreement will survive the termination of your account or the termination of these Terms.

13. Governing Law and Jurisdiction

These Terms, and all claims relating to or arising out of this contract or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of North Carolina, including North Carolina’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law. The Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement.

Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and matribirthdirectory.com must be resolved exclusively by a state or federal court located in the State of North Carolina.

You and matribirthdirectory.com agree to submit to the personal jurisdiction of the courts located within the State of North Carolina for the purpose of litigating all such claims or disputes.

14. Consent to Electronic Communication

By using the Site or Services of matribirthdirectory.com, you agree to allow matribirthdirectory.com to communicate with you electronically. You consent to the electronic delivery of notices, documents, or products (including, without limitation, educational materials or updates from our network of birth professionals) via the matribirthdirectory.com Site, Services, mobile application, online messaging platform, or e-mail. You also agree to check your matribirthdirectory.com account, alerts, and messages, as well as the e-mail account associated with your matribirthdirectory.com account (which you are required to keep updated) on a reasonably regular basis to stay informed of important notices and information about your account.

15. Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality, or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality, or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1.2) is expressly made a third-party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, and assigns of the parties hereto.

16. Severability

If a court decides that any term or provision of these Terms other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 are invalid or unenforceable, then the entirety of Section 13 shall be null and void. The remainder of the Terms will continue to apply.

17. Contact Information

If you have any questions or need further information regarding the Site or Services provided by matribirthdirectory.com, or need to notify matribirthdirectory.com regarding any matters relating to the Site or Services, please contact matribirthdirectory.com at:

MatriBirth Directory LLC
66 Church St, #203
North Carolina, 28904
support@matribirthdirectory.com