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Birthsmarter / Terms of Use

Terms of Use

Birth Smarter, Inc. Terms of Use

Last Modified: Sept 25, 2026

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Birth Smarter, Inc. ("Company," "we," or "us"). The following terms and conditions govern your access to and use of any content, functionality, or services offered on or through this website, located at birthsmarter.com and any related sites, applications, or forums (collectively, the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, Privacy Policy, Cookie Policy, and Waiver and Release, each incorporated by this reference. If you do not want to agree to these terms, you must not access or use the Website.

This Website is not offered to minors. By using this Website, you represent and warrant that you are of legal age to form a binding contract under the laws applicable to you and meet all of the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website. Under no circumstance may a child under the age of 13 use our Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. For material changes — meaning changes that meaningfully affect your rights or obligations — we will notify you by email at least 14 days in advance of those changes taking effect. All other changes are effective when we post them. Your continued use of the Website following notice of any revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

You are responsible for making any arrangements necessary to access the Website and for ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms of Use.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy and Cookie Policy, and you consent to all actions we take with respect to your information consistent with those policies.

You must keep your login credentials confidential and not share them with anyone else. Your account is personal to you. You must notify us immediately if you become aware of any unauthorized use of your account or any other security breach, and log out at the end of each session, particularly on shared devices. Sharing login information and passwords will result in immediate termination of our relationship and revocation of access to any of our content or materials, with no refund due. We reserve the right to disable any account credentials at any time in our sole discretion.

Disclaimer — Not Medical Advice

The content on this Website, including all written materials, videos, on-demand content, and any other resources made available through the Website, is for promotional, informational, or educational purposes only and should not be considered medical advice for any specific issue or individual concern. This disclaimer applies equally to our live and virtual classes and to any direct interactions you may have with our educators. Our educators are childbirth education professionals, not physicians, nurses, or licensed medical providers, and nothing said, demonstrated, or communicated during a class — whether in person, virtually, or through any other format — constitutes medical advice, diagnosis, or treatment. Always seek the advice of your physician, midwife, or other qualified healthcare provider with any questions you may have regarding your pregnancy, birth, or health. Never disregard or delay seeking medical advice based on information provided by or through this Website or our classes.

Any information sent to us electronically, through email or submission through this site, is not secure and should be considered non-confidential.

Disclaimer — Health Insurance and HSA/FSA Coverage

We cannot guarantee that your health insurance will cover the cost of our classes or services. Coverage varies by provider and plan, and it is your responsibility to confirm eligibility with your insurer directly.

Similarly, while childbirth education classes may be eligible for reimbursement through Health Savings Accounts (HSA) or Flexible Spending Accounts (FSA), eligibility varies depending on your plan and administrator. Upon request, we will provide documentation of your purchase — such as an itemized receipt — that you may submit to your plan administrator, but we make no representation that reimbursement will be approved. Please confirm eligibility with your HSA or FSA administrator before making a purchase decision.

Intellectual Property Rights

The Website and its entire contents, features, and functionality — including all information, software, text, displays, images, video, audio, on-demand content, and the design, selection, and arrangement thereof — are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms permit you to use the Website and its content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on our Website except as expressly permitted here or as enabled by social media features we provide.

On-Demand Video Content. Access to on-demand video content is granted to you personally and for your individual, non-commercial use only. You must not record, capture, screenshot, download, copy, reproduce, redistribute, share, broadcast, or otherwise transmit any on-demand video content, in whole or in part, by any means. Unauthorized recording or redistribution of on-demand video content constitutes a material breach of these Terms and may constitute copyright infringement subject to legal action. Access to on-demand content may be revoked without refund upon any violation of this provision. _[Note for counsel: please review in the context of your platform's technical capabilities and any DRM measures in place.]_

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.

Trademarks

The Company name, trademarks, logos, and all related names, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

User Contributions

The Website may include interactive features that allow users to post content or materials ("User Contributions"). All User Contributions must comply with the Content Standards below.

Any User Contribution you post will be considered non-confidential and non-proprietary. By posting a User Contribution, you grant us the right to use, reproduce, modify, perform, display, and distribute that material for the purpose of operating and improving the Service. You represent and warrant that you own or control all rights to your User Contributions and that they comply with these Terms. You are solely responsible for your User Contributions, including their legality, reliability, accuracy, and appropriateness.

Monitoring and Enforcement; Termination

We reserve the right to remove or refuse any User Contributions, take any action we deem appropriate with respect to content that violates these Terms or applicable law, cooperate with law enforcement as required, and terminate or suspend your access to the Website at any time for any or no reason.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

We do not review material before it is posted and assume no liability for any action or inaction regarding content provided by users or third parties.

Content Standards

User Contributions must comply with all applicable laws and regulations and must not:

Copyright Infringement

If you believe any material on the Website infringes your intellectual property rights, please contact us at:

Birth Smarter, Inc.

Attn: Ashley Brichter

4 St Johns St, Red Hook, NY 12571

info@birthsmarter.com

It is our policy to terminate the accounts of repeat infringers.

Reliance on Information Posted

The information on this Website is for general information purposes only. We do not warrant its accuracy, completeness, or usefulness, and any reliance you place on it is strictly at your own risk. We are not responsible for the content or accuracy of any materials provided by third parties.

Live and Virtual Classes

Birthsmarter offers classes both in person and virtually. The following terms apply to all live class participation.

_Participation._ We encourage all participants to engage actively. For virtual sessions, we encourage you to join with your camera on and to participate fully, as this supports the best experience for you and your classmates. You are always welcome to participate by voice or chat if you prefer not to appear on camera.

_Third-party platforms._ Virtual sessions are hosted on third-party platforms such as Zoom, which are subject to their own terms of service and privacy practices. We encourage you to review those terms before joining a session. For information on how we handle recordings and participant data in virtual sessions, see the Live Video Sessions section of our Privacy Policy.

_Recording._ Live sessions may be recorded for educator development and quality review purposes. We will notify you and request your consent before any recording begins. We will not sell, license, or otherwise share recordings for commercial purposes or profit. Recordings will be made available to participants of that specific class session for a period of 7 to 30 days following the session, after which they are deleted. A limited number of recordings may be retained in a password-protected archive accessible only to our educators for training and quality review. Session chat history is not stored or shared.

_Conduct._ All participants are expected to engage respectfully and in accordance with these Terms. We reserve the right to remove any participant from a session for behavior that is disruptive, inappropriate, or in violation of these Terms. Participants removed for conduct violations are not entitled to a refund or reschedule.

Cancellation / Rescheduling

We are committed to providing an exceptional experience with extremely limited resources. When a student cancels without sufficient notice, it prevents another expectant parent from attending and places strain on our small team. We understand that life happens, and we will work to be as accommodating as possible.

If you need to cancel:

If you need to reschedule:

On-demand content purchases are non-refundable once access has been granted.

We are not responsible for classes missed due to scheduling conflicts, vacations, illness, or other circumstances beyond our control. In cases of pregnancy-related hospitalization, we will work with you on a case-by-case basis in our sole discretion. We recommend scheduling prenatal classes to conclude at least 30 days before your expected due date.

Weather, Travel & Other Things Beyond Our Control in NYC

New York City is an incredible place to live and work, but it also means that getting across town can occasionally be an adventure. We teach in Midtown, just off Fifth Avenue, and we know that weather, parades, protests, major events, transportation disruptions, and other city-wide happenings can affect how long it takes to get to us.

Our goal is not to pretend these things don't happen. It's to communicate early, make thoughtful decisions with the small group of people actually affected, and do everything we reasonably can to help you get the value of the class you've purchased.

Communication Is a Two-Way Street

When something unexpected is happening, our responsibility is to communicate with you as soon as reasonably possible. We'll use email, and other communication methods when appropriate, to let you know about changes to class plans.

Your responsibility is to check your email before leaving for class, particularly when severe weather, major transportation disruptions, or other significant events are expected.

When severe weather is expected in NYC

If severe weather is forecast, we will begin communicating with students at least two days before class whenever possible. We'll stay in touch the night before and again the morning of class as conditions develop.

When the class remains in person

If conditions do not require us to change the class, we will plan to hold it as scheduled. If a parade, protest, construction project, major event, traffic closure, transportation disruption, parking problem, or other condition makes getting to The Loft more difficult, that does not automatically entitle you to a refund when the class remains open and accessible.

We ask students to make reasonable travel arrangements and allow plenty of extra time when severe weather, major events, or transportation disruptions are expected. The Loft is open at least 30 minutes before class, and we have heat, air conditioning, bathrooms, tea, and coffee available so you are welcome to arrive early and settle in.

We will communicate when we know about circumstances that may make getting to us more difficult and give you as much advance notice as we reasonably can.

If something genuinely prevents you from getting to class despite your best efforts — for example, your car is stuck in a storm or your train is unexpectedly stopped — please reach out. We will do our best to help you make up the value of the class through a rescheduling option, virtual participation, or relevant on-demand content when possible. Because we have still incurred the costs of holding the class and your seat was reserved for you, we cannot guarantee a refund in these circumstances.

If Our Space Has a Problem

Our NYC classrooms are in an old New York City building. We love the character of the space, but old buildings occasionally remind us that they are old buildings.

We will always prioritize safety and accessibility, while also doing our best to keep class running when a minor building issue doesn't prevent us from safely teaching.

The elevator

Our Loft is on the fifth floor, and we know that an elevator outage can be a significant issue.

If the elevator stops working but the building remains safe and accessible by stairs, we will plan to hold class as scheduled. We'll do our best to make the experience as comfortable as possible — including extra food, drinks, and plenty of gratitude for your patience — while we navigate the realities of making you walk up 5 flights of stairs.

If you cannot safely use the stairs because of a disability, mobility limitation, pregnancy-related limitation, or other access need, please let us know. We will work with you to identify a reasonable alternative, which may include moving your registration to another class, providing virtual participation, or offering a full-refund.

Bathrooms, heat, air conditioning, power and other building issues

We have two bathrooms. If one stops working, we'll ask everyone to be patient and share the other one. If we have a larger plumbing problem, we have arrangements to use bathrooms elsewhere in the building.

Similarly, if we experience a temporary issue with heat, air conditioning, internet, or another building service, we'll assess whether we can safely and reasonably continue class and make adjustments when possible.

If an unexpected building condition makes it unsafe or impractical to provide class at The Loft, we will make reasonable efforts to move the class online or to another location. If that isn't possible, we will reschedule the class or provide a refund.

A major building emergency

If a fire, flood, building evacuation, utility failure, structural issue, or other major emergency prevents us from safely using The Loft, we will first try to find another appropriate location or move the class online when that makes sense.

If we cannot provide the class in a reasonable alternative format or location, we will reschedule the class within two weeks, subject to availability, or offer a refund.

If Something Happens to Our Teacher

Very occasionally, something happens that prevents a teacher from getting to class or teaching as planned. If our teacher is delayed but expects to be able to arrive within approximately 90 minutes, we may delay the start of class rather than cancel it. We'll communicate with students as quickly as we can and keep everyone updated.

If we cannot reasonably get a qualified teacher to class within that window, we will reschedule.

If we ultimately cannot provide a reasonable alternative, we will offer a full-refund.

What if something goes wrong after class has started?

Sometimes the unexpected happens halfway through a class. A building issue, emergency, technology failure, or other circumstance may mean that we cannot complete the class exactly as planned.

If that happens, we will assess the circumstances and determine the most appropriate way to make sure you receive the value of the class you purchased. Depending on the situation, that may mean a make-up class, virtual participation, on-demand content, a partial refund, or a full refund.

We won't try to predict every possible scenario in advance because sometimes the right answer depends on what actually happened.

**\*CPR Classes Are a Little Different**

Because CPR classes require hands-on practice with mannequins, they cannot simply be converted to a fully virtual class when weather or another emergency prevents us from safely meeting in person. If a CPR class needs to be cancelled, we will make reasonable efforts to reschedule it within two weeks, subject to availability.

If you cannot attend the rescheduled class, we will offer a 100% refund of your registration, less the cost of the on-demand CPR course, which you will keep access to.

This allows you to receive useful CPR education immediately while making sure you also have the opportunity to complete the hands-on portion of the course.

Sharing and Linking

You are welcome to share links to any page on our Website, provided you do so in a way that is fair, legal, and does not misrepresent any association with or endorsement by Birthsmarter. You must not frame or embed the Website or any portion of it within another site in a way that misrepresents its origin. We reserve the right to withdraw linking permission at any time.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including your User Contributions and any use of the Website's content or services other than as expressly authorized here.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising therefrom shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any conflict of law provision. Subject to the arbitration provision below, any legal action arising out of these Terms shall be instituted exclusively in the federal or state courts located in New York County, New York, though we retain the right to bring proceedings against you in your country of residence or any other relevant jurisdiction. You waive any objections to jurisdiction or venue in such courts.

Arbitration

Either party may elect to resolve any dispute arising from or related to these Terms, use of the Website, or any other interactions with the Company through final and binding arbitration. Such arbitration shall be conducted in New York County, New York, before one arbitrator, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, to the maximum extent applicable, the United States Arbitration Act. Either party may seek equitable relief from a court of competent jurisdiction at any time without waiving the right to arbitrate. An arbitrator shall have no authority to award punitive damages. Arbitration proceedings shall be concluded within 180 days of submission where practicable. This arbitration clause survives any termination or expiration of these Terms.

Waiver and Severability

No waiver of any term or condition of these Terms shall be deemed a continuing waiver of that term or any other term. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms of Use, together with our Privacy Policy, Cookie Policy, Waiver and Release, and Cancellation/Rescheduling Policy, constitute the entire agreement between you and Birth Smarter, Inc. regarding the Website and supersede all prior understandings and agreements relating to it.

Contact

All feedback, comments, requests for technical support, and other communications should be directed to:

Birth Smarter, Inc.

Attn: Ashley Brichter

5 W 30th ST, 5FL NY NY 12572

info@birthsmarter.com

914-297-7175