Terms

These ONLINE Terms of use, as may be modified or amended periodically (these “Terms”), by promisecare doula network, llc (“PROMISECARE”), CONSTITUTE a legally binding agreement made by and between PromiseCare and you, personally and, if applicable, on behalf of the entity for whom you are using any of PromiseCare’s products or services (collectively, “You” or “Your”).  BY USING PROMISECARE’S WEBSITE (THE “SITE”), MOBILE/TABLET APPLICATIONS, AND OTHER ONLINE PROGRAMS, OR THE MATERIALS, SOFTWARE AND CONTENT AVAILABLE IN OR THROUGH THEM (COLLECTIVELY, THE “PRODUCTS AND SERVICES”), YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. CONTINUED USE OF THE PRODUCTS AND SERVICES CONSTITUTES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM. BY USING ANY OF THE PRODUCTS AND SERVICES, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN YOU MUST IMMEDIATELY CEASE USING THE PRODUCTS AND SERVICES.

 

THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN PROMISECARE AND YOU AND LIMIT PROMISECARE’S LIABILITY TO YOU.

 

The Services

 

The Products and Services include PromiseCare membership, training seminars, and other events.

 

In order for You to use the Products and Services, PromiseCare must collect certain information about You. By using the Products and Services, You agree that PromiseCare may collect Your name, phone number, e-mail address, mailing address, and other information described in PromiseCare’s Privacy policy (collectively, “Contact Information”) from You.  Furthermore, PromiseCare uses third-party payment platforms such as, but not necessarily limited to, Braintree® and PayPal® (collectively, “Payment Platforms”) to process Your payments to PromiseCare for the Products and Services offered by PromiseCare. In order to use the Products and Services, You may be required to provide Your Information and other information including credit card, debit card, or other bank information (collectively, “Financial Information”) to such Payment Platforms. Such Financial Information and Your Contact Information shall be referred to collectively herein as “Your Information.” By providing PromiseCare Your Information, You warrant and represent that You are authorized to provide Your Information to PromiseCare, and that You are not breaching any agreement or duty of confidentiality by providing Your Information to PromiseCare. Furthermore, You warrant and represent that You will not submit or use the Contact Information or Financial Information of any other person without authorization. As used herein, “Person” means and includes any governmental and non-governmental individual, corporation, limited liability company, partnership, association, organization, body, or other entity.

 

End-User License

 

Subject to these Terms, PromiseCare grants to You a personal, non-exclusive, non-transferable, limited and revocable license (“User License”) to use the Products and Services for non-commercial, personal use only on any computer or mobile device or tablet (a “Device”) legally owned or controlled by You in accordance with these Terms.  Any use of the Products and Services in any other manner, including, without limitation, resale, transfer, modification or distribution of the Products and Services or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other information or content associated with the Products and Services (“Content”) is prohibited.  This Agreement governs any updates to, or supplements or replacements for, the Products and Services unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

 

Age and Eligibility Restrictions

 

Only individuals eighteen (18) years of age or older may use the Products and Services. If You are under eighteen (18) years of age, You must decline these Terms and immediately cease use of the Products and Services.  By using the Products and Services, You warrant and represent to PromiseCare that You are at least eighteen (18) years of age and that if You are using the Products and Services on behalf of another Person, You are authorized to use the Products and Services on behalf of such other Person. If You believe or learn that a Person submitted Contact Information or Financial Information to PromiseCare of a Person under eighteen (18) years of age, You agree to inform PromiseCare immediately.

 

Accounts

 

You may need to create and register an account in order to use the Products and Services. In creating an account, You agree to:

 

  • create only one account;
  • provide honest, accurate, current and complete information regarding Yourself;
  • keep Your Information updated and accurate;
  • keep Your account password private and not share it with others; and
  • notify PromiseCare if You discover or suspect that Your account has been subject to unauthorized access, hacking, or other breach of security.

 

You agree to take responsibility for all activities on or under any account registered to You and You accept all risks for any unauthorized use of Your account.  You are responsible for providing the equipment and services that You need to access and use the Products and Services. PromiseCare does not guarantee that the Products and Services are accessible on any particular equipment or device or with any particular software or service plan. PromiseCare does not and cannot provide any assurance regarding the availability of the internet or cellular service at any time.  PromiseCare reserves the right, without notice and in its sole discretion at any time, to terminate Your right to access and use the Products and Services or any component of them and to block or prevent future access to and use of the Products and Services and to delete Your account and any related information.  Any obligation or liability incurred prior to PromiseCare’s termination of Your access to the Products and Services will survive such termination.

 

Incorporation of Additional or Related Terms

 

These Terms incorporate and supplement any terms, conditions, policies, or agreements published or required by any distributor of the Products and Services.  In addition, these Terms also incorporate and supplement other terms, conditions, and policies of PromiseCare posted at http://www.promisenetwork.org, including without limitation PromiseCare’s Privacy Policy (available at http://www.promisenetwork.org) the location and terms of which may be changed from time-to-time.

 

Should any provisions in the terms, conditions, or other policies described above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Products and Services. Certain Products and Services may be governed by additional terms and conditions presented in conjunction with such Products and Services.  You must agree to the additional terms before using such Products and Services.  These Terms and any additional terms will apply equally.  In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail.

 

Personal Use Only

 

The Products and Services are owned by PromiseCare and available to You for Your personal, non-commercial use only. Except as otherwise expressly provided in these Terms, You may not copy, distribute, publish, reverse engineer, transmit, modify, publicly display or perform, create derivative works of or otherwise exploit any part of the Products and Services.

 

User Information

 

The PRODUCTS AND SERVICES’ features may use, maintain, or transmit Your personal information, including, without limitation, Your user name, password, proper name, e-mail address, mailing address, location, GPS location information, and information for and from third-party platforms.  By acknowledging and agreeing to these Terms, or by using the PRODUCTS AND SERVICES, You consent to the transmission of Your Information to PromiseCare’s servers and consent to PromiseCare receiving, collecting, storing, processing, transmitting, and using Your Information for THE PRODUCTS AND SERVICES’ functionality and for the purposes disclosed in one or more of the PromiseCare policies identified in these TERMS.  You are solely responsible for the confidentiality and security of Your Information sent from or stored on Your Device.  You are solely responsible for all transactions and activities undertaken by anyone or anything with any account registered in Your name, whether authorized or unauthorized.  This includes any and all unauthorized purchases made from Your account.  You agree to immediately notify PromiseCare of any suspected unauthorized transactions associated with the Products and Services or any other actual or suspected breach of security.  PromiseCare shall not be responsible for any losses arising from the financial loss or theft of Your Information due to unauthorized or fraudulent transactions related to the Products and Services.

 

Prohibited Use of the Products and Services

 

You may use the Products and Services for lawful purposes and in accordance with these Terms.  You may not use the Products and Services in any way that:

 

  • harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other Person (including but not limited to rights of publicity or other proprietary rights);
  • is unlawful, fraudulent, or deceptive;
  • uses technology or other means to access unauthorized content or non-public spaces;
  • uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
  • attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • attempts to damage, disable, overburden, or impair PromiseCare servers or networks;
  • attempts to gain unauthorized access to a PromiseCare computer network;
  • attempts to gain unauthorized access to PromiseCare user accounts;
  • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • violates these Terms or any additional terms in any manner;
  • violates or fails to comply with the Telemarketing and Consumer Fraud and Abuse Prevention Act, theControlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003, the Children’s Online Privacy Protection Act, or any other similar federal or state law; or
  • fails to comply with applicable third-party terms and conditions or other third-party policies.

 

Indemnification

 

You agree to indemnify and hold harmless PromiseCare, including its Affiliates, agents, employees, contractors, members, directors, and officers, and anyone involved in creating or providing the Products and Services, from and against any and all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the Your use or misuse of the Products and Services (including providing Your Information or the Contact Information and/or Financial Information of any other Person), violation of these Terms, or violations of any rights of a third party, or any allegation thereof.  PromiseCare reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses. As used in these Terms, “Affiliates” means the owners of PromiseCare and those companies that are owned by or under common control with PromiseCare or PromiseCare’s owners.

 

Provision of the Products and Services

 

You acknowledge and agree that the Products and Services, or certain features of the Products and Services, may change from time to time without notice to You.  Any new feature that augments, enhances or modifies the current Products and Services is subject to these Terms.

 

You acknowledge and agree that PromiseCare may decline to provide access to the Products and Services or stop providing the Products and Services (or any feature, program or content within the Products and Services) to You at PromiseCare’s sole discretion, without notice or liability to You.  You may discontinue use of any part of the Products and Services at any time. You do not need to specifically inform PromiseCare when You stop using the Products and Services.

 

You acknowledge and agree that if PromiseCare disables access to Your account, You may be prevented from accessing the Products and Services, Your account details, or any files or other content which are contained in Your account.

 

Pricing: The pricing for the Products and Services will either be available for public viewing or will be viewable by members. In either case, pricing for the Products and Services will be available to You prior to Your purchase of any Products and Services.  Any listed price may not include any discounts, credits, or other promotional offers available.  PromiseCare may not publish or announce any discounts, credits, or other promotional offers available and PromiseCare may provide discounts, credits, or other promotional offers only to certain Persons.  You acknowledge and agree that You are not entitled to any discounts, credits, or other promotional offers simply because any discounts, credits, or other promotional offers are offered to other Persons.  If for any reason the price of any offered Products and Services is not available to You, please contact PromiseCare at mhaley@promisecaredoulas.com for current pricing information.

 

Refund/Cancellation Policies: All purchases of any Products and Services are final.  PromiseCare will only refund payments if any events, seminars, training sessions, or other Products and Services are cancelled or discontinued by PromiseCare after payment by You but before such events, seminars, training sessions, or other Products and Services are available to You for reasons other than due to force majeure.  Postponed or rescheduled events, seminars, training sessions, or other Products and Services shall not be deemed to be cancelled or discontinued for purposes of the preceding sentence. In all other cases, PromiseCare will not refund any purchases of the Products and Services.  If PromiseCare does refund any purchase, such refund will be made with thirty (30) days after the scheduled date of the cancelled or discontinued event, seminar, training session, or other Product and Service.  Any refunds shall be of the full purchase price previously paid, less any processing fees charged by any Payment Platform or otherwise incurred by PromiseCare. “Force majeure” means any occurrence or contingency beyond PromiseCare’s reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.

 

Delivery: Any tangible goods that comprise the Products and Services will generally be delivered within the timeframe specified when the Product and Service is purchased. However, once the Product and Service enters the possession of a common carrier or other delivery service, PromiseCare will not be responsible or liable for any delays in delivery, no matter the reason for such delays.

 

Online Store

 

PromiseCare’s online store is hosted by Shopify®.  By using PromiseCare’s online store, You agree to be and are bound by the privacy policy and other terms of use or terms of service of Shopify®.

 

Mobile Terms and Conditions

 

If You use a mobile device to access the Products and Services, the following additional terms and conditions also apply:

 

  • You agree that You are solely responsible for all message and data charges that apply to use of Your mobile device to access the Products and Services. All such charges are billed by and payable to Your mobile service provider.
  • You understand that wireless or network service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by Your service provider or otherwise.
  • Additional terms and conditions may apply to Your use of PromiseCare’s mobile applications based on the type of mobile device that You use.

 

 

 

No Warranties

 

Except as otherwise expressly stated in these terms AND TO THE FULLEST EXTENT OF APPLICABLE LAW, PromiseCare does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the Products and Services.  Without limiting the generality of the preceding sentence, PromiseCare specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for A PARTICULAR purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the Products and Services.  PROMISECARE MAKES NO WARRANTY OR REPRESENTATION THAT THE USE OF THE PRODUCTS AND SERVICES BY YOU IS IN COMPLIANCE WITH APPLICABLE LAWS, OR THAT YOUR INFORMATION TRANSMITTED IN CONNECTION WITH THE PRODUCTS AND SERVICES WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED. PromiseCare does not guarantee that the functions contained in any of the Products and Services will be secure, uninterrupted or error-free, that each the Products and Services will be free of viruses or other harmful components, or that defects will be corrected even if PromiseCare is aware of them.

 

No Liability

 

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL PROMISECARE OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THE PRODUCTS OR SERVICES OR CONTENT (A) BE LIABLE TO YOU WITH RESPECT TO USE OF THE PRODUCTS OR SERVICES; AND/OR (B) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF YOUR INFORMATION, THE INABILITY TO USE THE PRODUCTS OR SERVICES, OR DEVICE FAILURE OR MALFUNCTION. YOUR SOLE REMEDY IS TO CEASE USE OF THE PRODUCTS OR SERVICES.  PROMISECARE, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THE PRODUCTS OR SERVICES OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.

 

If applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall PromiseCare, its Affiliates, agents, employees, owners, or anyone else involved in creating or providing the Products and Services or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by You for use of the Products and Services or $100, whichever is less. You agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.

 

Intellectual Property

 

The PromiseCare name, the PromiseCare logo, and other PromiseCare trademarks, service marks, graphics and logos used in connection with the Products and Services, whether registered or unregistered, are trademarks of PZ Technologies, LLC or Affiliates (collectively “PromiseCare Marks”).  Other trademarks, service marks, graphics and logos used in connection with the Products and Services are the trademarks of others (collectively “Third-Party Marks”).  The PromiseCare Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of PromiseCare or the applicable mark holder.  Products and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by PromiseCare or the owner of the content.  You may not remove or alter any copyright, trademark or other proprietary right notice in the Products and Services.

 

Digital Millennium Copyright Act (“DMCA”) Policy

 

This DMCA statement constitutes part of the legal terms and conditions governing all users of the Products and Services. In compliance with the DMCA, Title 17, United States Code, PromiseCare will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material.  PromiseCare also reserves the right to remove and disable access to any user-posted material which, in PromiseCare’s sole judgment, may be infringing or violating another’s intellectual property right, whether or not PromiseCare has been notified by the rights holder.

 

In accordance with the DMCA and other applicable law, PromiseCare may terminate, in appropriate circumstances, the accounts of registered users who are determined by PromiseCare to be repeat infringers.  PromiseCare may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.

 

In compliance with the DMCA, the designated agent for PromiseCare to receive notifications of claimed infringement relating to any of the Products and Services is _______________ (the “Designated Agent”).  The Designated Agent may be contacted as follows:

 

[Address]

[Phone]

mhaley@promisecaredoulas.com

 

Notice of Claimed Copyright Infringement:  If You believe that Your or another’s copyright has been infringed or violated by or through the Products and Services, You may notify PromiseCare’s Designated Agent in writing and provide the following requisite information required by the DMCA:

 

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

If PromiseCare receives a valid notification, it may reinstate the removed or disabled material in accordance with the DMCA. PURSUANT TO 17 U.S.C. 512(c)(3), ANY NOTICE THAT DOES NOT COMPLY WITH THESE REQUIREMENTS WILL NOT RECEIVE A RESPONSE.  On any DMCA notice to PromiseCare, include “DMCA Notice” in the subject line.

 

Counter-Notification to Claimed Copyright Infringement: If You believe that a notice of copyright infringement has been filed against material posted by You on or through the Products and Services, You may make a counter-notification with PromiseCare’s Designated Agent.  Such counter-notification must be in writing and contain the following requisite information:

 

  • Your physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement by You under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  • Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which You are located, and that You will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

 

If PromiseCare receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.  PURSUANT TO 17 U.S.C. 512(G)(3), ANY NOTICE THAT DOES NOT COMPLY WITH THESE REQUIREMENTS WILL NOT RECEIVE A RESPONSE

 

Liability for Misrepresentation under the DMCA:  You may be liable for damages, including costs and attorney’s fees, under the DMCA if you knowingly materially misrepresent that material on the Products and Services infringes upon Your copyright, or that material on the Products and Services was removed or disabled by mistake or misidentification.   It is Your sole responsibility to ensure the viability of any claim You make with respect to the DMCA.

 

Links

 

Links may be provided within the Products and Services that will allow You to connect to other websites and services that are not under PromiseCare’s control. PromiseCare does not endorse and is not responsible for the content of such websites and/or services. You access such websites and use such services at Your own risk.

 

Errors and Inaccuracies

 

The Products and Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information.  If any information in the Products and Services is inaccurate, incomplete or out of date, PromiseCare reserves the right to correct, change or update such information without prior notice to You.

 

Feedback and Submissions

 

By submitting any material to PromiseCare through the Products and Services, You expressly grant to PromiseCare a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of PromiseCare and its Affiliates (including, without limitation, advertising, promotional and marketing purposes).  You also acknowledge and agree that if and to the extent the material submitted by You contains Your Information, the foregoing license granted by You will automatically be deemed to cover and extend to PromiseCare’s use of Your Information in connection with PromiseCare’s use of the material submitted by You. You hereby waive any and all “moral rights.”

Geographical Scope of the Products and Services

 

PromiseCare controls and operates the Products and Services from within the United States. Unless otherwise specified on the Products and Services, the Products and Services are intended to promote only those Products and Services provided by PromiseCare in the United States.  PromiseCare makes no representation that the Products and Services are appropriate or available for use in other locations. By accessing or using the Products and Services from outside the United States, You acknowledge that the Products and Services may contain references to products and services that are not available or are prohibited in Your country.  In case of any inconsistency between these English-language Terms and their translation into another language, these English-language Terms prevail.

 

 

Choice of Law, Jurisdiction

 

These Terms are governed by the laws of the State of Pennsylvania and of the United States of America without regard to conflict of laws rules.  You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Allegheny County, Pennsylvania for purposes of any legal action arising out of or related to the use of the Products and Services or these Terms.

 

Arbitration

 

NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY AND TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND PROMISECARE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

 

Any dispute between You and PromiseCare (and its agents, employees, members, officers, directors, principals, successors, assigns, and/or Affiliates) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision will be settled by binding arbitration in Allegheny County, Pennsylvania administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least sixty (60) days’ advanced written notice of its intent to file for arbitration. PromiseCare will provide such notice by e-mail to Your e-mail address on file with PromiseCare and You must provide such notice by e-mail to mhaley@promisecaredoulas.com with “Legal Dispute” appearing in the subject line.  During such 60-day notice period, You and PromiseCare will endeavor to settle amicably by mutual discussions any disputes.

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If the arbitrator determines the claim(s) You assert in the arbitration are frivolous, You agree to reimburse PromiseCare for all fees and expenses associated with the arbitration that PromiseCare has paid.

 

The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which You and PromiseCare hereby waive, and the arbitrator will apply applicable law and the provisions of these Terms.  PromiseCare and You agree that any dispute will be submitted to arbitration on an individual basis only.  Neither PromiseCare nor you are entitled to arbitrate any Dispute as a class, representative, or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative, or private attorney general basis.  If any provision of these arbitration provisions is found to be unenforceable, the unenforceable provision(s) will be severed and the remaining arbitration terms will be enforced. Notwithstanding the foregoing, in no case will there be a class, representative, or private attorney general arbitration. Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C.§§ 1-16.

 

Severability

 

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable by a court of competent jurisdiction, such terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.

 

 

 

 

Modification and Waiver of these Terms

 

PromiseCare reserves the right to change or modify these Terms or any other PromiseCare terms, conditions, or policies related to use of the Products and Services (including those identified in these Terms) at any time and at its sole discretion by posting revisions on its website (http://www.promisenetwork.org) or within or through the Products and Services.  Continued use of the Products and Services following the posting of these changes or modifications will constitute Your acknowledgement and agreement to such changes or modifications.

 

Failure of PromiseCare to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.  PromiseCare will not be deemed to waive any provision of these Terms unless a written waiver describing the provision(s) to be waived is signed by an authorized representative of PromiseCare.

 

Third Party Beneficiary

 

You agree that PromiseCare service providers, licensors, or others involved in creating or providing the Products and Services are or may be third party beneficiaries to this Agreement and may rely upon the provisions of this Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.

 

Notice to California Residents

 

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

 

The provider of the Products and Services is PromiseCare Doula Network, LLC

121 N. Main Street, Greensburg, PA 15601.

 

To file a complaint regarding the Products and Services or to receive further information regarding use of the Products and Services, send a letter to the above address or contact PromiseCare via e-mail with “California Resident Request” in the subject line. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 

General Provisions

 

No delay or failure on the part of PromiseCare to enforce any part of these Terms will constitute a waiver of any of PromiseCare rights under these Terms whether for past or future actions on the part of any Person. Neither the receipt of any funds by PromiseCare nor the reliance of any person on PromiseCare actions will be deemed to constitute a waiver of any part of these terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by PromiseCare but You may not assign them without the prior express written consent of PromiseCare. The headings and captions contained herein are for convenience only.

 

Contact PromiseCare

 

If You have questions regarding any of these Terms, You can e-mail PromiseCare at mhaley@promisecaredoulas.com or write to PromiseCare at 121 N. Main Street, Greensburg, PA 15601.

Reservation of Rights

 

All rights not expressly granted herein are reserved by PromiseCare Doula Network, LLC.