Terms of Services | Birth Arts International

Birth Arts International/ Demetria Clark Education LLC’s Website Privacy Policy and Terms of Services

School and Company refer to Birth Arts International

The term Student refers to the website user.

Introduction

These are the Terms and Conditions and Privacy Policy governing the use of Birth Arts International/ Demetria Clark Education LLC’s website, birtharts.com/ birtharts.net; by using these websites, you accept these terms and conditions in full. If you don’t agree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Enrollees must 18 years of age to use this website. By using this website and by consenting to these terms and conditions, you guarantee and designate that you are at least 18 years of age. Children under 18 years of age need parental permission to access courses and resources.

Privacy Policy

Here at the Birth Arts International/ Demetria Clark Education LLC, we respect the Student’s privacy and will take steps to preserve the data and personal information. We will not use or distribute student information with anyone except as outlined in this Privacy Policy.

We reserve the right to renew this privacy policy as needed.

Collected Data

With enrollment into one of the online courses, we collect personal information. The Student provides this at checkout, including name, shipping address, billing address, username, phone number, email address, credit card, along with any other data you provide in your user/student account.

We also have the means to collect information when you subscribe to a newsletter or email list, student social media group, engage in a survey, competition, or special promotion, request customer or student support, or send us your personal information directly. Students need to confirm when being added to the email list. We will not just add you.

Use of Information

We use this information to fulfill your enrollment and to document your registration as a student. We will not exchange or redistribute your information to anyone or business.

Email Marketing

You may also yourself to our general mailing list using the forms provided on our website.

You have the ability to opt-out of our emails at any time. All emails provide an unsubscribe link for you to exclude yourself from our mailing list.

Use of Cookies

This website utilizes cookies. Cookies are data files stored on the hard drive or in a computer, mobile, tablet, or device memory that help enhance the enrollment experience. The primary purpose of a cookie is to identify users and potentially provide customized Web pages or to save information. Cookies store items in a site’s shopping cart. Most web browsers automatically set to accept cookies by default. You can remove browser cookies from your machine, at any point. By accessing this website and one agrees to these terms and conditions, the student, user, reader consents to Birth Arts International/ Demetria Clark Education LLC’s use of cookies following the terms of Birth Arts International/ Demetria Clark Education LLC’s privacy policy.

Security of Data

Student Account data and credit card information for your enrollment, which is stored with the credit card processor. Data is obtained using SSL technology (secure socket layer).

By consenting to the privacy policy, you are allowing us to process your data specifically for the objectives named here. To receive information about personal information, to make adjustments to this personal information, or to exclude yourself from our records, contact the Birth Arts International/ Demetria Clark Education LLC.

Legal information

Citizens of the European Union are entitled to specific information and have special rights under the General Data Protection Regulation. Those rights include:

We will maintain any information you choose to give to us until:

(a) you ask us to remove the information

(b) our decision to stop using our existing data providers

You have the right to ask access to your data that the school stores and the rights to both correct or delete your data.

You have the right to seek limitations on the processing of personal data.

You have the right to object to the management of your data and the right to the portability of your data.

To the degree that you provided consent to the School’s processing of your personal data, you have the power to withdraw that consent at any time, without changing the lawfulness of processing based upon consent that happened prior to your withdrawal of consent.

You have the right to lodge a grievance with a supervisory authority that has jurisdiction over issues linked to the General Data Protection Regulation.

We ask only the information that is reasonably required to enter into a contract with you. We will not ask you to provide consent for any additional processing as a condition of entering into a contract with us.

School and Owner

Birth Arts International/ Demetria Clark Education LLC, PO Box 575, Bokeelia, FL 33922

enrollments@birtharts.com

Changes to This Privacy Policy

The School reserves the right to alter this privacy policy at any time without notice. It is strongly suggested to check this page often, referencing the date of the last adjustment listed at the bottom. If a User opposes to any of the modifications to the Policy, the User must cease utilizing this Application and can request that the School removes the Personal Data. Unless noted otherwise, the then-current privacy policy applies to all Personal Data the School has about Users.

Copyright

The Birth Arts International/ Demetria Clark Education LLC owns the intellectual property rights in the website and material on the website. Unless otherwise specified, the whole contents of the website and the underlying technology and supportive framework, to include but not limited to images, text, audio files, video files, digital downloads, data compilation, or course code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Birth Arts International/ Demetria Clark Education LLC and is protected by copyright law, other intellectual property or proprietary rights. These collective works include all works that are licensed to Birth Arts International/ Demetria Clark Education LLC/ Demetria Clark. Copyright © 1998-2020. All rights reserved.

Website Usage License

The Birth Arts International/ Demetria Clark Education LLC owns the intellectual property and copyright rights in the website and materials on the website. If we do not own, it will be otherwise specified. Subjected to the license here, all these intellectual property rights are reserved.

You, the Student, may view, download, and print pages from the website for your own private use, subject to the limitations, and detailed outlined below and elsewhere in these terms and conditions.

You must not:

Republish materials from this website.
Sell, rent or sub-license education and other materials from the website;
Show any content from the website in public forums to include social media.
Copy, duplicate, reproduce or otherwise utilize material on this website, and other websites owned by Demetria Clark Education LLC, for commercial purposes;
Edit or otherwise alter any materials on the website, student forums, and groups, or
Redistribute material from this website (excepting content clearly and expressly made accessible for redistribution).

Acceptable Usage

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. Students will maintain up to date virus protection software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or concerning this website without Birth Arts International/ Demetria Clark Education LLC’s express written consent.

Students must not use this website, classroom, student groups to transmit or send unsolicited commercial messages or communications.

You must not use this website, student groups for any purposes related to marketing without Birth Arts International/ Demetria Clark Education LLC’s express written consent.

Course Access

Students have access to their course/s for the lifetime of that course. Students can upon enrollment download and save course materials to have for themselves for as long as they desire.

Restricted Access

Access to certain areas of this website is restricted. Birth Arts International/ Demetria Clark Education LLC reserves the right to restrict access and limit to areas of this website, or the entire website, at Birth Arts International/ Demetria Clark Education LLC’s discretion.

If Birth Arts International/ Demetria Clark Education LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Your access will be revoked if you sell, distribute, or share your username or password.

Birth Arts International/ Demetria Clark Education LLC may disable or change your user ID and password in the Birth Arts International/ Demetria Clark Education LLC’s sole discretion advance without notification or explanation.

Payment Plan Agreement

Students enrolled with a payment plan are responsible for paying for the course in full. Payments for payment plans are withdrawn each month automatically, and there is no option to stop payment once the student has enrolled with a payment plan.

Students are entering into a credit agreement with the school. Birth Arts International- Demetria Clark Education LLC will perform multiple automated attempts to collect the payment of a failed or overdue installment to fulfill this agreement until accounts with failed payments are paid in full. Should a
declined or failed payment occurs, students must manually confirm it through their student account. If a failed or declined payment is not paid within one month, Birth Arts International can cancel the student’s enrollment entirely and remove student access to their course, including any and all course
progress and quiz records to date. In this case, students will not be refunded for previous payments made towards the course. To continue with the course, students shall be required to re-enroll in the course without payment credit for past payments.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate. You agree to promptly contact us if your credit card is lost or stolen or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Birth Arts International- Demetria Clark Education LLC to obtain or determine updated or replacement expiration dates for your credit card if the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all collection costs on any outstanding balance, including attorney’s fees and expenses. In certain instances, your credit card issuer may charge you a foreign transaction fee or related charges, which you will be responsible for paying. You should check with your bank and credit card issuer for details.

Refund Policy for Paid Online Programs (eLearning), Distance Learning.

There are no refunds for online/virtual programs, distance learning or workshops, events, or media events.

There are no refunds with personal mentoring. This is a labor-intensive agreement for the mentor; refunds are not offered for one not accomplishing their goals, completing the program, not using the program, etc.. This mentor takes no responsibility for a person’s ability to complete or work in the program. In addition, the mentor is not responsible for a student’s business success or failure; we offer a support service.

User Content

Found in these terms and conditions, “your user content” “user account” means material (to include without limitation text, images, audio materials, video materials, presentations, and audio-visual materials) that you submit to this website, for whatever objective or purpose.

You allow to Birth Arts International/ Demetria Clark Education LLC a worldwide, irrevocable, permanent, non-exclusive, royalty-free license to use, copy, reproduce, adapt, publish, translate and distribute your user content in any current or future media. You also confer to Birth Arts International/ Demetria Clark Education LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be unlawful or illegal, owned by another, or must not infringe any third party’s legal rights, and must not be able of giving rise to legal action whether upon you or Birth Arts International/ Demetria Clark Education LLC or a third party (in each case under any applicable law).

You must not submit any user content, assignments, blog posts, or articles to the website that is or has ever been the subject of any threatened or real legal proceedings or other similar complaints.

Birth Arts International/ Demetria Clark Education LLC reserves the right to edit or remove any material submitted to this website or stored on Birth Arts International/ Demetria Clark Education LLC servers, or hosted or published upon this website.

Blog Contributor Content

By submitting blog Articles to the Birth Arts International/ Demetria Clark Education LLC, writers as a result of this assign to Birth Arts International/ Demetria Clark Education LLC all exclusive rights to distribute and publish the blog articles, student articles, and all previously submitted articles of students and writers, on the Birth Arts International/ Demetria Clark Education LLC website, unless otherwise specified in writing.

No Warranties or Guarantees

This website is offered “as is” without any representations or warranties, expressed, suggested or implied. Birth Arts International/ Demetria Clark Education LLC makes no representations or warranties concerning this website or the information, data, and materials provided on this website.

All content on the website is offered to students on an “as is” “as available” basis without warranty of any sort expressed or implied, including but not limited to implied warranties of merchantability, or fitness for a particular purpose. Birth Arts International/ Demetria Clark Education LLC makes no warranty as to the efficiency, accuracy, completeness, or reliability of any content available through the website. You are responsible for confirming any information before relying on or using it.

Use of the website and the content accessible on the website is at your individual risk. The information included on this site is not designated to be a substitute or replacement for medical treatment or diagnosis. All persons should consult their primary health care provider prior to taking or relying upon any herbal, birth, or aromatherapy product or service, particularly women who are pregnant or nursing, infants, children, and persons with identified medical conditions.

Without prejudice to the generality of the preceding paragraph, Birth Arts International/ Demetria Clark Education LLC does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate, or non-misleading.

Through this website, you can access links to other websites which are not under the control of Birth Arts International/ Demetria Clark Education LLC. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily signify a recommendation, or character reference, or endorse the views expressed within them.

Understand that mentoring is not to be used as a substitute for professional advice by
legal, medical, financial, business, spiritual, or other qualified professionals. I will seek independent professional guidance for legal, medical, financial, business, spiritual, or other
matters. Understand that all decisions in these areas are exclusively the students and they acknowledge that their decisions and actions regarding them are their sole responsibility.

Limitations of Liability

Birth Arts International/ Demetria Clark Education LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) concerning the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss, or corruption of information or data.

These limitations of liability apply even if Birth Arts International/ Demetria Clark Education LLC has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Birth Arts International/ Demetria Clark Education LLC’s liability in respect of any:

Death or personal injury caused by Birth Arts International/ Demetria Clark Education LLC’s negligence;
Fraud or fraudulent misrepresentation on the part of Birth Arts International/ Demetria Clark Education LLC; or
the matter which it would be illegal or unlawful for the School to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, and students’ groups you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Birth Arts International/ Demetria Clark Education LLC has an interest in limiting the personal liability of its officers, contractors, and employees. You agree that you will not bring any claim personally against Birth Arts International/ Demetria Clark Education LLC’s officers, contractors, or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Birth Arts International/ Demetria Clark Education LLC’s officers, employees, agents, subsidiaries, successors, assigns, and contractors, and sub-contractors as well as Birth Arts International/ Demetria Clark Education LLC.

Unenforceable Provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Birth Arts International/ Demetria Clark Education LLC and undertake to keep Birth Arts International/ Demetria Clark Education LLC indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Birth Arts International/ Demetria Clark Education LLC to a third party in settlement of a claim or dispute on the advice of Birth Arts International/ Demetria Clark Education LLC’s legal advisers) incurred or suffered by Birth Arts International/ Demetria Clark Education LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these Terms and Conditions

Without prejudice to Birth Arts International/ Demetria Clark Education LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Birth Arts International/ Demetria Clark Education LLC may take such action as Birth Arts International/ Demetria Clark Education LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

Variations

Birth Arts International/ Demetria Clark Education LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Technical Support

Our programs work standard platforms, we do not do student’s tech support, email, pdf, or word program support. Students will need to be able to open PDFs, MP4, MP3, Word, and PowerPoint Presentations. Standard free programs exist for students to use. We can’t guarantee your computer, tablet, phone or another device will work, that is the responsibility of the student. Students may need to make sure their device has appropriate programs or devices.

Course Time Access and Expiration Date Policy

Students must begin their program(s) within three months of purchase. Should students be enrolled in multiple programs, they must remain active in their studies with no more than 12-month breaks between courses. Appropriate notice will be given to all active students if the Birth Arts International/ Demetria Clark Education LLC foresees course closure. From the time the Birth Arts International/ Demetria Clark Education LLC announces the closure of the School, students must finish their program(s) within the allotted course access period of the cessation notice from the announcement date. We can refuse extensions if students fail to notify us in the proper amount of time.

Students can access course materials after course completion and at times, will be able to obtain updates and bonuses.

Students are removed from all programs, and social groups linked to the school for failure to complete payments.

Course Transfers

Students may not transfer enrollment from one course to another. Students cannot transfer their enrollment to another person. If the login is shared students can be terminated from the program. This includes reselling course materials.

Major Course Updates

The Birth Arts International/ Demetria Clark Education LLC may expand existing course materials and do regular updates. When possible, currently enrolled students may have the choice to transfer into expanded courses and upon doing so, will be charged an administrative fee to cover the cost of the increased course development and content.

Instructor Roles

Birth Arts International/ Demetria Clark Education LLC associates, and course instructors share their experience and knowledge through online courses and blog articles. Information shared by instructors should not be misunderstood or distorted as medical advice. It should not be misconstrued as a reason to not seek appropriate medical care.

Community Group, Email, and Student Group Policies

The Birth Arts International/ Demetria Clark Education LLC Forums and Community Groups provides a community for students to share tips, projects, and ideas, as well as news that might be of interest to the Birth Arts International/ Demetria Clark Education LLC community. The forums are not an appropriate place to seek medical advice or answers to homework or exam questions. Members are expected to be polite, courteous, considerate, and use good internet etiquette when communicating with other members in the Birth Arts International/ Demetria Clark Education LLC. Online Students will be removed for racist, homophobic, violent, or inappropriate content in our group or on our business page, these types of communication will not be tolerated. Screenshotting, using the information to hurt another, or sharing with non-Birth Arts International students will not be tolerated. Students will be removed without notice if the information is used to bully or harass another. Information shared and discussed on Birth Arts International/ Demetria Clark Education LLC groups are not intended to be a substitute for medical treatment or diagnosis.

By joining the Birth Arts International/ Demetria Clark Education LLC’s Forum or Community Groups, you agree to engage in courteous discourse, polite interaction with all members and refrain from providing or asking for medical advice, personal attacks, uncordial comments, and other negative dialogue. Not abiding by these and other guidelines outlined in the groups or Birth Arts International social media posts will lead to your removal from the group.

We have a NO HATE policy, posters that are racist, homophobic, ableist, ageist, etc. can have posts removed, or themselves removed from their group and program if needed.