It Starts With Birth – Personal Use License
This license (the “License”) is granted to you by It Starts With Birth Inc. (“ISWB”), for the use of ISWB’s website, video courses, handouts and other materials (collectively, the “Course(s)”). For purposes of this License, “you” shall be defined as the individual named on your ISWB account, and “partner” shall be defined as the other parent of your child.
MEDICAL DISCLAIMER
Information Only. The Course(s) are provided for informational purposes only and are intended only for residents of Canada and/or the United States of America.
No Patient-Physician Relationship. ISWB is not a medical practice. The Course(s) do not create a patient-physician relationship between ISWB and you, or your partner. The Course(s) are not medical advice, diagnosis, treatment, or care, nor are they intended to be a substitute for any of the foregoing.
Physician Care. Always consult a physician or other qualified health provider concerning any questions regarding the Course(s), and prior to starting, changing, or discontinuing any treatment or prenatal care.
Disclaimer of Liability. It Starts With Birth Inc., its subsidiaries, affiliates, licensees and assigns, and their respective shareholders, directors, officers, employees and agents (collectively, the “Releasees”) expressly disclaim any and all liability for any damages, loss, injury, or liability whatsoever in connection with the information provided in the Course(s) or your or your partner’s reliance thereon. ISWB’s Terms of Use at www.itstartswithbirth.com (the “Website”) are hereby incorporated as part of this License.
GRANT OF RIGHTS
License. Subject to payment of all amounts set forth in your invoice from ISWB, and further subject to the terms and conditions of this License, ISWB hereby grants you a limited, non-exclusive right to access and use the purchased Course(s).
The rights are non-transferable and non-sublicensable, which means that you cannot grant them to anyone else; however you can access the Course(s) with your partner.
ISWB hereby expressly reserves all rights not expressly licensed to you herein, including without limitation the right to license the same Course(s) to other individuals or organizations at the same time.
Ownership. All content on the Website, including the Course(s), is owned by ISWB or its affiliates. This License does not grant you any right to the intellectual property of ISWB, except the limited, non-exclusive license to access the purchased Course(s) as given above. You are not, and may not represent that you are affiliated with ISWB, or the owner or creator of any portion of the Course(s).
Nothing contained in this License or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Course(s) or any other material or information contained on this Website in any manner without the prior written consent of ISWB. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE COURSE(S) OR ANY OTHER SUCH MATERIAL IS STRICTLY PROHIBITED. Without limitation, any use of the Course(s) other than as permitted by this License will constitute a violation of this License and may constitute copyright, trademark and/or patent infringement.
TERRITORY
Canada and USA Access Only. Access to the Course(s) and Website is unauthorized in any jurisdiction where the Course(s) or Website may violate any laws or regulations. You represent and warrant that you and your partner (as applicable) are located in Canada or the United States of America, and agree not to access or use the Course(s) or Website in any other jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations.
TERMINATION
Expiration of Membership. This License will expire at the end of your membership term as set forth in your account details on the Website, at which point you will no longer have access to the Course(s). When your membership expires, you must delete any and all copies of the Course(s) you may have stored, however you can keep one copy of any handouts you may have completed.
Termination by ISWB. ISWB may terminate this agreement at any time if you or your partner breach any of the terms of this or any other agreement with ISWB, in which case you must immediately: stop using the Course(s); delete or destroy any copies; and, if requested, confirm to ISWB in writing that you have complied with these requirements.
Discontinuation of Course(s). ISWB can discontinue licensing part or all of its Course(s) at any time. If that happens, ISWB may provide you with replacement content (determined by ISWB in its reasonable commercial judgment), and/or a full or partial refund of your license fee, subject to the timing of such discontinuance, your use of the Course(s) prior to such discontinuance, and other terms of this License.
Refunds. You may submit a written request for a refund, however the issuance of any refund is at ISWB’s sole discretion.
USER ACCOUNTS
Online Security. You will be responsible for tracking all activity for your user account. You agree to: (a) maintain the security of all passwords and usernames; (b) notify ISWB immediately of any unauthorised use or other breach of security; and (c) accept all responsibility for activity that occurs under your user account. ISWB reserves the right to monitor downloads and user activity to ensure compliance with the terms of this License. If ISWB determines that you are in breach of this or any other term of this License, it may suspend access to your account and seek further legal remedies.
No Guarantee of Security. Any information sent or received over the Internet is generally not secure. ISWB cannot guarantee the security or confidentiality of any communication to or from the Website.
DISCLAIMER OF WARRANTIES
No Warranties. The Course(s) and the Website are provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. ISWB does not represent or warrant that the Course(s) or Website will meet your requirements or that use of the Course(s) or Website will be uninterrupted or error free.
INDEMNIFICATION / LIMITATION OF LIABILITY
Indemnification of ISWB by You. You agree to defend, indemnify and hold harmless ISWB and the Releasees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with (i) your use of any Course(s) outside the scope of this License; (ii) any breach or alleged breach by you (or anyone acting on your behalf, including but not limited to your partner) of any of the terms of this License or any other agreement with ISWB; (iii) your access to, use, misuse, reliance upon, or inability to access or use the Website or the Course(s); and (iv) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Course(s)) on or from the Website.
NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL ISWB OR ANY OF THE RELEASEES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, MEDICAL INJURY, PERSONAL INJURY, WRONGFUL DEATH, IMPROPER DIAGNOSIS, INACCURATE INFORMATION, IMPROPER TREATMENT, LOST BUSINESS, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOUR OR YOUR PARTNER’S USE, MISUSE, OR RELIANCE UPON THE COURSE(S) OR THE WEBSITE, OR YOUR OR YOUR PARTNER’S INABILITY TO USE THE COURSE(S) OR THE WEBSITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ISWB KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
STANDARD TERMS
Assignment. This License is personal to you and is not assignable by you without ISWB’s prior written consent. ISWB may assign this License to any assignee without notice to or consent from you, provided that such assignee agrees to be bound by the terms of this License.
Governing Law. This License will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to its laws relating to conflicts of law, and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.
Arbitration. Any disputes arising from or related to this License shall be finally settled by binding, confidential arbitration by a single arbitrator in Victoria, British Columbia in accordance with the Arbitration Act (British Columbia). The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in English. The decision of the arbitrator shall be final and binding on the parties, and judgement may be entered on the arbitration award and enforced by any court of competent jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defence on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, ISWB shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of ISWB, such action is necessary or desirable to protect its intellectual property rights. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.
Severability. If one or more of the provisions in this License is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this License.
Notice. All questions regarding the Course(s) and the Website should be sent via email to This email address is being protected from spambots. You need JavaScript enabled to view it.. All notices to you will be sent via email to the email set out in your account.
Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value-added taxes, withholding taxes and duties imposed by any jurisdiction as a result of the Licence granted to you, or of your use of the Course(s).
Enurement. This License shall enure to the benefit of, and be binding upon, the parties hereto and their respective heirs, trustees, successors, licensees, administrators and assigns.
Entire Agreement. This License (including ISWB’s Terms of Uses) constitutes the entire agreement between you and ISWB. No terms or conditions of this License may be added or deleted unless issued electronically by ISWB and accepted by you.
It Starts With Birth – Disclaimer
This website does not provide medical advice. Information published on this website is provided for information and educational purposes only, and is not intended to offer medical advice, or to be used for diagnosis of health problems, or used to determine treatment for health problems or conditions. It is not intended to be, and should not be used as, a substitute for medical advice or medical care provided by a licensed and qualified health professional. Due to unique individual needs and medical history, please consult your own personal physician, who will be able to determine the appropriateness of the information for your specific situation, and will assist you in making any decisions regarding treatment and/or medication.
Never disregard professional medical advice or delay in seeking it or medical attention because of something you have read on this website, in the courses offered on it, or information posted in our online forums or social network, or in any linked materials.
Links or references to specific products, processes, websites or services does not constitute or imply a recommendation or endorsement by It Starts With Birth, or its employees or agents. We do not verify, endorse, take responsibility for the accuracy, completeness, or quality of the content contained on this website or posted by third parties.
The views expressed on this website and in the courses in it have no relation to those of any academic, hospital, practice or other institutions with which the authors are affiliated.
This is a Canadian website. Its content is intended for Canadian residents only.
It Starts With Birth, its agents, owners and employees shall not be liable for any damages, claims, liabilities, costs or obligations arising from the use or misuse of the material contained in this website, whether such obligations arise in contract, negligence, equity or statute law. We do not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the information provided. All information on this website is provided “as is”, without any other warranties or conditions, whether express or implied.
If you have a medical emergency, or need urgent medical attention, call 911 immediately.