terms of Use
This Agreement is between CesareanCrew.com (hereinafter referred to as “we,” “our,” or “CESAREAN CREW”) and Users (hereinafter referred to as “You” and “Your”) and governs Your use of CesareanCrew.com’s website (the “Site”). By logging onto the Site, You accept all the terms and conditions for using the Site as described in this Agreement. This Agreement shall have the same binding effect as if the same Agreement was in paper form and signed by You.
Effective Date: July 7, 2023
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1. Definitions
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1.1 “Services” mean the platform and associated tools that we provide You with to help You find helpful Content, connect with others, and share questions, experiences, and Content. The Services are an informational and educational resource for consumers and Providers.
1.2 “User-Submitted Information” means general information regarding various medical conditions that You provide to CESAREAN CREW through the CESAREAN CREW Site and/or Services.
1.3 “Providers” mean the entities that have subscribed to become members, contribute information, or advertise their healthcare services on the CESAREAN CREW Site and/or Services.
1.4 “Users” mean the people that have subscribed to our Services.
1.5 “Content” means text, data, graphics, images, photographs, video, audio, information, suggestions, comments, posts, opinions, reviews, guidance, and other materials provided, made available or otherwise found through the Site and/or Services, including that which has been posted or otherwise shared by Users or Providers.
1.6 “Site” refers to CesareanCrew.com.
1.7 “Posted Information” means any information that You post to the Site and/or Services.
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2. No Medical Advice or Doctor Patient Relationship
Content is for informational and educational purposes only. Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. If you are feeling ill or experiencing discomfort, seek the advice of your physician or other qualified health provider or call 911 for emergency help. Never rely on the information obtained on the Site or Services in favor of professional medical advice, and DO NOT disregard professional medical advice or delay in seeking such help because of something you have read on the Site or Service.
Doctors, therapists, nurses, and other medical professionals use the Services to share Content with You for informational and educational purposes only. Use of the Content is not a substitute for healthcare. No licensed medical professional / Patient relationship is created when You use the Services or Content.
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3. Responsibilities of Users
The Service fees are listed on the subscription terms of the Site and/or Services. You are responsible for keeping your account up-to-date and paying for services on time.
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You are responsible for all use of the Services and for all use of Your credentials, including use by others to whom You have given Your credentials. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair our Services or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.
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You will not post any Content to the Site or Service that would violate any law or regulation, this includes, but is not limited to, posting information to the Site or Services that would be in violation of the U.S. Health Insurance Portability and Accountability Act (HIPAA).
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CESAREAN CREW is a resource for educational and awareness purposes only and is not intended to provide personal medical advice. By using the Site and/or Services, any individual or Provider that has obligations under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”) with access to “protected health information” or “PHI” acknowledges that they have obtained necessary consent for any information they share with CESAREAN CREW or on the Site, Services and other related CESAREAN CREW properties. CESAREAN CREW should not be used to request or obtain personal medical advice, or for HIPPA and PHI protected information to be discussed.
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In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use.
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4. Intellectual Property Rights
All product names, regardless of whether or not they appear in large print or with the trademark symbol, are trademarks of CESAREAN CREW or its licensors, unless otherwise noted. No right, license, or interest to any trademark is granted to You by this Agreement. The use or misuse of these trademarks, except as permitted herein, is expressly prohibited and may be in violation of trademark law and other laws, statutes and/or regulations.
Using our Site and/or Services/tools does not give You ownership of any intellectual property rights in our Services or the Content You access. You may not use Content from our Site and/or Services unless you obtain permission from its owner or otherwise permitted by law.
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All of the Content on the Site and Services is owned by CESAREAN CREW or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. CESAREAN CREW gives You permission to use the Content only for personal, non-commercial purposes and does not transfer any intellectual property rights to You by virtue of permitting Your use of the Site and/or Services. You may print, download, and store information from the Site and/or Services for Your own personal use and reference, but you may not copy, distribute, republish, sell, or exploit any of the Content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever.
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By posting information and providing Content through the Services, You agree to and hereby do grant, and You represent and warrant that You have the right to grant, to CESAREAN CREW and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information and Content.
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5. Copyright
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringements according to the process set out in the US. Digital Millennium Copyright Act (“DMCA”).
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If you believe that any material on the Site and/or Services infringes upon a copyright which You own or control, You may file a DMCA Notice of Alleged Infringement with CESAREAN CREW. DMCA notices should include a description of the allegedly infringing work that is sufficient to allow CESAREAN CREW to locate and identify the work. The notice must also include a statement, made under penalty of perjury, that the information contained in the notice is accurate and that the entity sending the notice is the copyright owner or is authorized to act on the copyright owner’s behalf.
Please send DMCA takedown notices to: Hello@CesareanCrew.com.
6. Data Privacy
6.1 By using the Site or Services, You also agree to our Privacy Policy.
6.2 We do not knowingly collect information from anyone under the age of 16 years or knowingly allow such people to subscribe to our Services. If a parent or guardian becomes aware that their child provided us with information without their consent, they should contact us. We will delete this information from our files within reasonable time.
6.3 You represent and warrant that any Posted Information you submit to the Site and/or Services is not in violation of these Terms, the U.S. Health Insurance Portability and Accountability Act (HIPAA) or any other applicable law or regulation.
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7. Modifications
CESAREAN CREW may revise the terms and conditions within this Agreement from time to time, and we will always post the most up-to-date version on the Site. We will notify You via email when we make any material change(s) to this Agreement and give You an opportunity to review the revised Agreement before deciding if You would like to continue using the Site and/or Services. By using or continuing to use or access our Site and/or Services after any revisions have come into effect, You agree to be bound by the revised Agreement.
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8. Termination and Unsubscribing
8.1 CESAREAN CREW reserves the right, without notice and in its sole discretion, to terminate Your license to use the Site and/or Services, and to block or prevent Your access to and use of the Services for any reason, including if CESAREAN CREW believes that You have violated any of the terms and conditions of this Agreement, or acted inconsistently with the letter and spirit of this Agreement. Some grounds for terminating a license include, but are not limited to, creating fake accounts, providing Content that is obscene or abusive, providing Content that is deemed embarrassing, disrespectful, or harassment to any other person or entity as determined by CESAREAN CREW, providing untrue or inaccurate information, using the Site and/or Services for your own commercial gain (including soliciting other Users), or using CESAREAN CREW for any purpose in violation of local, state, national or international laws.
8.2 Unsubscribing from Site and/or Services: To unsubscribe from the Site and/or Services, send us an email at Hello@CesareanCrew.com.
9. Subscription Fees
Please reference the Site and/or Services for applicable subscription fees.
10. Applicable Law and Venue
These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Illinois, without giving effect to the state’s conflicts of law statute. You hereby unconditionally and irrevocably consent and submit to have any dispute resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois with regard to Your relationship with us, including, without limitation, disputes related to this agreement, Your use of the services, and/or rights of privacy and/or publicity.
Not withstanding this, You agree that CESAREAN CREW will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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11. Disclaimer
CESAREAN CREW makes no representations or warranties of any kind, express or implied, as to the operation of the Site, Services, or the information, Content, materials, or other services included on or otherwise made available to You through the Site and/or Services. You expressly agree that Your use of this Site and/or Services, its materials, and Content is entirely at Your own risk.
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11.1 Provider Content
Provider Content is intended for general reference purposes only. Content may be provided by a Provider and/or their office staff, and collected from multiple other data sources that may not be confirmed by the Provider. Such Content can change frequently and may become out of date, or be incomplete or inaccurate.
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Neither the Site, Services, nor CESAREAN CREW provides any advice or qualification certification about any particular Provider. We may, but have no obligation to, have Content reviewed by our editorial personnel prior to publishing the Content through the Site and/or Services. No party (including CESAREAN CREW) involved in the preparation or publication of such works guarantees that the Content is timely, accurate, or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.
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11.2 Procedures/Products/Services
Procedures, products, services and devices discussed and/or marketed through the Site and/or Services are not applicable to all individuals, Users, or all clinical situations. Any procedures, products, services or devices represented through the Site or Services by advertisers, sponsors, and other participants of the Site and/or Services, either paid or unpaid, are presented for the purpose of awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any individual or prediction of effectiveness, outcome or success.
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11.3 Insurance Content
Insurance and insurance-related Content (including, without limitation, insurance coverage and benefit Content) (“Insurance Content”) is intended for general reference purposes and for convenience only.
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12. Limitation of Liability
12.1 CESAREAN CREW is not a referral service and does not recommend, endorse, discourage, screen or approve any Providers or any medical services. Any references to Providers, such as promoted Content, sponsored Content, Provider directories, or user profiles, are provided for awareness and reference purposes only. Users should consult with their doctor and/or conduct their own research when choosing a Provider or medical service.
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12.2 No action arising under or in connection with this Agreement, regardless of the form, may be brought by You more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
12.3 Users and Providers may share Content to the Site and/or Services that reflect their opinions on experiences, Providers, or third party products and services. This Content does not reflect the opinions of CESAREAN CREW. CESAREAN CREW is not responsible for the Content shared by its Users and Providers. If CESAREAN CREW is made aware of Content that is factually incorrect or otherwise is in violation of these Terms that appears on our Site and/or Services, we reserve the right to remove it without further notice.
12.4 In no event shall CESAREAN CREW be liable for any direct, indirect, special, consequential or monetary damages, including fees, and penalties in connection with Your use of the Site and/or Services.
13. Indemnification
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) Your use of the Site and/or Services, or (b) the violation of this Agreement, or of any intellectual property or other right of any person or entity, by You or any person using Your Credentials.
14. Miscellaneous
14.1 Severability
Should any provisions of this Agreement be or become invalid or unenforceable, the remaining provisions of this Agreement will remain valid, and all provisions shall be enforced to the fullest extent permitted by law. CESAREAN CREW shall replace the invalid or unenforceable provision with a valid and enforceable provision.
14.2 Survival
Paragraphs 4, 10, 11, 12, 13, and 14 shall survive the expiration or termination of these Terms of Use for any reason whatsoever.
14.3 Headings
The section headings used in this Agreement are for convenience only and do not limit, characterize, or in any other way affect the provisions of this Agreement.
14.4 Assignment
These provisions may be assigned by CESAREAN CREW and will inure to the benefit of CESAREAN CREW, its successors, and assigns.
14.5 No Waiver
You agree that if CESAREAN CREW does not exercise or enforce any legal right or remedy available to it under these provisions (or any applicable law), CESAREAN CREW will not be deemed to have waived its rights or remedies, and those rights and remedies will still be available to CESAREAN CREW. Any waiver of any provision will be effective only if CESAREAN CREW expressly states in a signed writing that it is waiving a specified provision.
14.6 Notices
You agree that CESAREAN CREW may provide You with notices, including those regarding changes to these provisions, by email, regular mail, or postings on the Site and/or Service website.