Last revised March 17, 2021
The parties to this Agreement, Student or Faculty Member (“Member”) and Evidence Based Birth®, LLC, a Kentucky limited liability company (“EBB”), enter this Agreement as of the date (“Effective Date”) that the Member creates their user login at https://highered.evidencebasedbirth.com (“Higher Ed website”)
Background and Reason for this Agreement
EBB publishes educational and informational articles and materials that discuss evidence based medical research on pregnancy and childbirth, and makes those publications available on EBB’s website, www.evidencebasedbirth.com, on social media and networking sites used by EBB, and in print and other electronic media.
EBB has developed a Higher Ed membership program, in which Members will receive access to Video Modules and Handouts in the Higher Ed website.
In consideration of the right to be a Member of the Evidence Based Birth® Higher Ed website, the Member agrees to abide by the terms of this Agreement.
This Agreement shall commence on the Effective Date and expire at the end of the Member’s term, the date of which was set upon enrollment. After this term ends, a Student Member may upgrade to a Professional Membership at htps://evidencebasedbirthacademy.com (with additional benefits) by contacting firstname.lastname@example.org. Faculty Members whose term expires may re-enroll in the Higher Ed site by contacting email@example.com.
EBB may, at its sole discretion, elect to:
Refuse your request to become a Member; or once Membership is granted, suspend, terminate or restrict your Membership at any time. EBB is not obliged to give reasons for any decision it makes to suspend, terminate or restrict your Membership or to reject your request to become a Member. Each Member will follow and adhere to this agreement in whole or immediately forfeit all rights as a Member.
Your Membership is non-transferable. Once Membership is granted you will only be able to access the Higher Ed website with use of the username and password you set up at the time you become a Member. You are responsible for each and every access or use of the Higher Ed website that occurs in conjunction with use of your username and password.
Use of your username and password is conclusive evidence that you have accessed the Higher Ed website. You must use all reasonable efforts to keep your username and password confidential. You must not allow any third party to access the Higher Ed website using your username and password and make use of the site on your behalf. You must notify EBB in writing as soon as you become aware of any unauthorized use of your Member Account, username or password.
You agree to indemnify, defend and hold EBB, its owners, directors, managers, employees, affiliates and suppliers, harmless from any and all liability, loss, claim, cause of action, and expense (including reasonable attorney’s fees) related to this Agreement, including but not limited to, your use of the EBB courses, handouts, or use of any of the information you learned from EBB, including any claim or demand, made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of EBB materials of any kind.
EBB Policy on the Official EBB Trademark and Logo:
Trademark: The phrase Evidence Based Birth® is a registered trademark of EBB and the phrase, “Evidence Based Birth” or “evidence based birth,” with or without the registered service mark ®, in text, verbally, or electronically, shall only be used as a trademark for services (i.e., as an ADJECTIVE in reference to EBB materials or the EBB website) and not as a descriptive NOUN by any Member.
For example, “You can visit the Evidence Based Birth® website” or “I have some Evidence Based Birth® materials to share with you” is correct. Saying, “Do you want an evidence based birth?” or “By learning these materials, you too can have an evidence based birth” is not permitted, as it lessens the strength of the EBB trademark and brand.
Accepted use of the Evidence Based Birth® trademark phrase may be included on your bio, along with your listing of other educational programs completed. For example, your resume may state: “I completed (blank) hours of video modules at the Evidence Based Birth® Higher website.” Or “I completed the following video modules in the Evidence Based Birth® Higher Ed website…” The Evidence Based Birth® trademark may also be used in course syllabi. For example, a Faculty Member’s syllabus may state, “Students will be invited to join a complimentary membership at the Evidence Based Birth® Higher Ed website. “
Members may not represent themselves as an EBB employee or representative.
Members are not permitted to use the official EBB Logo on websites, brochures, business cards or other promotional materials that belong to Members.
The trademarked phrase, “Evidence Based Birth”, with or without the registered service mark ® or our official EBB Logo may not be used to create merchandise, goods, handouts, or products of any kind, for sale or for gifts, without specific approval by EBB.
Members will make every effort to use the trademark ® symbol when referring to the Evidence Based Birth® website, materials, classes, membership, or any other resources that come from Evidence Based Birth®.
EBB Policy on using the Title of EBB Instructor, Educator, Doula, or Midwife
- Members will NOT use the title of EBB Instructor unless they have been officially accepted to and completed the official EBB Instructor Training Program.
- Members may NOT call themselves “an Evidence Based Birth Childbirth Educator” “Evidence Based Birth Doula,” “Evidence Based Birth Midwife,” “Evidence Based Birth Physician,” or “Evidence Based Birth Nurse,” etc.
- Members may NOT use the initials EBB after their name, as this is not a certification.
The Following EBB Policies Apply to all Members
- Members are not permitted to use the material presented in any of the Higher Ed website videos or handouts as part of a childbirth education curriculum, childbirth education class, workshop, childbirth education class series, doula training series, childbirth educator series, nurse continuing education training series, conference presentation, or in any other group setting other than the official classroom/educational institution setting through which they joined the Membership.
- Members are not permitted to sell, give or donate any EBB handouts to any person.
- Members are not permitted to upload, e-mail, file share, or in any other way disseminate the handouts from the EBB Higher Ed site.
- If it is discovered that the Member has posted the handouts online, this is automatic grounds for dismissal from the EBB Higher Ed website.
This Agreement may be terminated immediately by either party, with or without cause. The Agreement will also be terminated at the time the Member’s account expires. In the event this Agreement is terminated by EBB with cause, you agree to delete all materials provided to you and to immediately cease use of EBB’s copyrighted materials.
FULL AGREEMENT; CHOICE OF LAW
This agreement expresses my complete understanding with respect to my rights, granted, licensed, assigned, waived and released herein, and supersedes any and all prior written and oral agreements and understandings (if any) between me and EBB. This Agreement shall be governed by the laws of the Commonwealth of Kentucky. I acknowledge that I have read this Agreement and have had a full, fair, and reasonable opportunity to ask questions concerning its terms and to evaluate the answers given personally, or in consultation with legal counsel. I further acknowledge that I have read, understood, and agree to comply with all the requirements as stated above, and I pay my enrollment fee and/or create my user login as evidence to my full consent and agreement to such terms as my free and voluntary act.
For questions, contact:
PO Box 910332
Lexington, KY 40591