Womb Bloom Terms of Service

Effective Date: 2/13/2024

PLEASE REVIEW CAREFULLY BECAUSE THESE TERMS FORM A LEGAL AGREEMENT BETWEEN WOMB BLOOM AND ITS AFFILIATES (TOGETHER, WOMB BLOOM OR WE) AND YOU.

THESE TERMS AFFECT HOW YOUR DISPUTES WITH WOMB BLOOM ARE RESOLVED.

Introduction

This Website and the services of Ariana Hurtado, dba Womb Bloom, hereafter referred to as Womb Bloom, are offered to you the customer, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement called and including all "Terms and Conditions". Your use of this Website and/or submission of service requests via email telephone and/or Website constitutes your agreement to all such terms, conditions, and notices in effect at the time of use. These Terms and Conditions apply to any Provided Services or properties such as websites or apps owned and operated by Womb Bloom. If you have any questions regarding these Terms & Conditions, please contact us at ariana@wombbloom.org

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

We refer to this Agreement, including our Privacy Policy Section # 22 described below, as our TERMS and CONDITIONS. You explicitly and implicitly agree to be bound by these Terms and Conditions each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.

Terms and Conditions

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION # 20.

1. Account Registration

To access some features of this website a user must first complete a contact and registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest.

2. Information Accuracy

While we use best efforts to provide timely updates and accurate information, occasionally the information contained in the website may be out of date including price changes which may be modified at any time prior to your confirmed service request. All confirmed service requests will be honored at the paid in full price without increase.

3. Payment Method and Terms

We may allow you to pay for services provided by Womb Bloom through our Website. You may also pay by check or cash for selected services.

Should you have any dispute with the services provided by Womb Bloom please advise us immediately via email at: Ariana@wombbloom.org If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for specified services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by federal, state or local law.

Payment for all doula services namely “Womb in Bloom Support,” “Womb in Healing Support,” and the “Full Circle Package,” are all due in 2 installments. The first payment will be required at contract signing. The second and final payment will be due within one week following the completion of the final meeting with Womb Bloom.

Payment for all education services namely “Womb in Bloom Prep” “Childbirth Education Course” and “Postpartum Planning” are all due in full upon scheduling a session with Womb Bloom.

If Womb Bloom does not receive payment for any doula and/or education services prior to the start of a scheduled session, appointment, home visit, or class, Womb Bloom will cancel all appointments and performed work. All checks should be made payable to: Womb Bloom. If and when our site accepts credit card payments via a third-party processor, those credit card payments will be assessed a three-and one-half percent (3.5%) additional processing fee from the listed prices.

4. Not Medical Advice

The suggestions and advice provided by Womb Bloom, to clients and or customers are not, nor is intended to be medical advice. No doctor patient relationship is established with client and or customers.

If medical advice is required by a client and or customer, Womb Bloom will recommend clients and or customers speak with the appropriate medical professional.

5. Description of Service

Womb Bloom provides life coaching and education services in the fields of fertility, pregnancy, labor and birth, postpartum, parenthood, motherhood, fatherhood, child rearing, self-help, and hormonal balancing; nutrition, movement, exercise, yoga, health, and wellness for those wishing to achieve fertility, pregnancy, labor and birth, postpartum, parenthood, motherhood, fatherhood, child rearing, self-help, and hormonal balancing.

Womb Bloom reserves the right to accept or reject any potential new service request without explanation if Womb Bloom is unable to provide the requested service. There will be times where other opinions and expertise are required from doctors, midwives and other healthcare professionals. If need be, Womb Bloom will suggest to the client which type of expert and/or professional should be contacted directly by the client. Womb Bloom has no affiliation with any particular doctor or midwife and the client if need be, will select their own required healthcare professional for their advice and/or services, and also will pay them directly and in addition to any initial fees paid to Womb Bloom for their advice and/or services. All clients are advised to first contact those other healthcare professionals before engaging in the services of Womb Bloom if they believe their situation pertains directly to their specific expertise so as not to have to also incur payment to Womb Bloom.

6. Additional Purchased Services

For services which exceed the allotted purchased time/scope, the client shall have the option to continue the service at a fixed rate of $150.00 per each hour of performed work.

7. User Generated Content

By posting any and all information including, but not limited to, photographs, images, and/or blog posts on Wombbloom.org you as well as your agents and/or designees agree to grant Womb Bloom a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, and publish your Content in any format or media (whether now know or hereafter created) on the Womb Bloom website.

8. Representation of Legal Age, Ownership, Accuracy and Right to Use Content.

By using this website and its services, you represent that you are of legal age over 18 years old; You also represent and affirm that all the information provided to Womb Bloom whether through the website, via phone consultation, text or email is true and accurate. By posting or providing content to Womb Bloom , you represent and warrant to Womb Bloom that you own or have all necessary rights to use the Content, and grant to Womb Bloom the rights granted in these Terms and Conditions. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted above in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.

9. Content Guidelines

Womb Bloom reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Womb Bloom owned or operated websites or apps if Womb Bloom determines (in its sole discretion) that such content contains or features any of the following:

Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech).
References to illegal activity.
Language that violates the standards of good taste or the standards of this Site.
Statements that are or appear to be false.
Comments that disparage Womb Bloom
1. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
2. Information not related to work requested in the service request.
3. If a dispute arises between a client and Womb Bloom, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for Womb Bloom for the performed services for you pursuant to your applicable service request.

10. Limited License

Womb Bloom grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of services through our Website, strictly in accordance with our Terms and Conditions.

11. Copyrights and Trademarks

Unless otherwise mentioned, all items including without limitation, logos, brand names, images, designs, photographs, video clips, art work, paintings and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Womb Bloom. Nothing on our Website should be understood as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property listed on our Website, without the prior written permission of the Intellectual Property owner. Womb Bloom diligently enforces its intellectual property rights to the fullest extent of the law. The names and logos of Womb Bloom, must not be used in any way, including in advertising, social media, or publicity pertaining to distribution of materials on our Website, without prior, written permission from Womb Bloom. Womb Bloom prohibits use of any logo of Womb Bloom or any of its affiliates as part of social media account creation or in a link to or from any Website unless Womb Bloom approves such action in advance and in writing. Fair use of Womb Bloom Intellectual Property mandates appropriate acknowledgement. Other product and company names listed in our Website may be the Intellectual Property of their respective owners.

12. Links to Third-Party Websites

Our Website may contain links to Websites owned or operated by parties other than Womb Bloom . Such links are provided for your reference only. Womb Bloom does not monitor or control outside Websites and is not responsible for their content. The inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Womb Bloom ’s inclusion of the links imply that Womb Bloom is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

13. Content Disclaimer

Postings on our Website are made at such times as Womb Bloom determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Womb Bloom does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

14. Special Promotions; Gift Cards and Vouchers.

Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.

Promotional Credit. Promotional credit is only eligible for the specific services designated by Womb Bloom . Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. Womb Bloom reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. Womb Bloom promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the Womb Bloom Platform. Promotional credits may not be purchased for cash and Womb Bloom does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your Womb Bloom account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your Womb Bloom account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.

Vouchers. Womb Bloom vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions.

18. No Warranties; Exclusion of Liability; Indemnification

OUR WEBSITE IS OPERATED BY ARIANA HURTADO, dba, Womb Bloom ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Womb Bloom SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. Womb Bloom SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Womb Bloom OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH

DAMAGES. IN NO EVENT SHALL Womb Bloom’s LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY

YOU TO Womb Bloom FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, Womb Bloom DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

Womb Bloom AND ITS RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE.

Womb Bloom MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

19. Indemnification

You agree to defend, indemnify, and hold Womb Bloom harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.

20. DISPUTE RESOULTION: AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW

The exclusive means of resolving any dispute between you and Womb Bloom or any claim or controversy arising out of or relating to use of this Website and/or Womb Bloom 's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION. administered by any independent panel of arbitrators EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Womb Bloom any class action, class arbitration, or other representative action or proceeding.

YOUR CONSENT AND APPROVAL TO RESOLVE ANY AND ALL CLAIMS RELATING TO ANY AND ALL USE OF THE SERVICES OF ARIANA HURTADO, DBA WOMB BLOOM AND ALSO ANY AND ALL CONTENT AND RELATED SERVICES CONTAINED IN THE WEBSITE OF WOMBBLOOM.ORG IS CONTINGENT ON YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE FOLLOWING BETTER BUSINESS ARBITRATION CLAUSE:

To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here:

https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf

completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.

ARBITRATION CLAUSE

·ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT OR BREACH THEREOF SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE AAA RULES OF BINDING ARBITRATION FOR DISPUTES SUBJECT TO THE PRE-DISPUTE BINDING ARBITRATION CLAUSES, AND THE JUDGMENT UPON THE AWARD RENDERED BY THE ARITRATOR (S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. DISPUTES ALLEGING CRIMINAL OR STATUTORY VIOLATIONS ARE PRECLUDED FROM ARBITRATION PROCEEDINGS. DECISIONS REACHED BY THE ARBITRATOR (S) WILL BE BASED ON STANDARDS OF FAIRNESS AND/OR APPLICATION OF THE LAW. THIS AGREEMENT TO ARBITRATE EFFECTS IMPORTANT LEGAL RIGHTS, SCH AS FILING SUIT, AND UNLESS THIS ARBITRATION CLAUSE IS EXECUTED BY CUSTOMER INITIAL OR SIGNATURE, THE AGREEMENT TO ARBITRATE IS NOT MANDATED AND THEREFORE CONSENT TO ARBITRATE MUST BE OBTAINED PRIOR TO SEEKING RESOLUTION TO ANY DISPUTE.

THE PARTIES OF THIS CONTRACT AND/OR ARBITRATION CLAUSE, I.E. (THE PARTIES) AGREE THAT IN THE EVENT ANY FUTRURE DISPUTE SHOULD ARISE FROM THIS CONTRACT WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES, THE PARTIES WILL ONLY SEEK TO RECTIFY THEIR CLAIMS THROUGH BINDING ARBITRATION.

THE PARTIES FURTHER AGREE THAT ANY DISPUTE ARISING FROM THIS CONTRACT WILL BE KEPT CONFIDENTIAL AMONGST THE PARTIES INCLUDING THE FACTS OF THE DISPUTE, ITS RELATED DOCUMENTS AND THE ARBITRATION DECISION.

THE PARTIES FURTHER AGREE THAT ANY FUTURE ARBITRATION DECISION IS BINDING ON ALL PARTIES AND MAY NOT BE APPEALED.

ARIANA HURTADO / Date

CLIENTS INITIALS / Date

NOTICE OF RIGHTS

By using the Website and/or Womb Bloom 's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Womb Bloom . YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, please refer to the Better Business Bureau Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Womb Bloom may be commenced only in the federal or state courts located in Miami, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
These Terms and Conditions, and any dispute between you and Womb Bloom, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

21. GENERAL PROVISIONS

You acknowledge and agree that the Womb Bloom Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Womb Bloom 's sole obligation to you or any third party for any claim arising out of your use of the Womb Bloom Services, is that you are free to discontinue your use of Womb Bloom Services at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WOMB BLOOM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT WOMB BLOOM SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WOMB BLOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The Terms and Conditions will inure to the benefit of Womb Bloom 's successors, assigns and licensees. If any provision of these Terms and

Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Womb Bloom to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms and Conditions constitute the entire agreement between you and Womb Bloom and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.