Terms and Conditions

Last Updated 12/28/2017

Agreement between User and www.afterthird.com

Welcome to www.afterthird.com. The www.afterthird.com website (the “Site”) is comprised of various web pages operated by OneHatched, Co. (“OneHatched”). By accessing the Site, you are agreeing to be bound by the Site Terms and Conditions of Use (the “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Site. The materials contained in this web site are protected by applicable copyright and trademark law. Please read these terms carefully, and keep a copy of them for your reference.

www.afterthird.com is a marketplace to connect service buyers (new and ‘to be’ parents) with service providers (professionals) who provide services in support of early parenthood and for preparation for pregnancy, birth and early parenthood.

Contents

Description of Services

Eligibility

Payment and Cancellation

Provider Verification

Privacy

Electronic Communications

Your Account

Cancellation/Refund Policy

Links to Third Party Sites/Third Party Services

No Unlawful or Prohibited Use/Intellectual Property

Use of Communication Services

Materials Provided to www.afterthird.com or Posted on Any OneHatched Web Page

OneHatched’s DMCA Policy

International Users

Indemnification

Arbitration

Class Action Waiver

Liability Disclaimer

Termination/Access Restriction

Changes to Terms

Contact Us

Description of Services

www.afterthird.com is a marketplace to connect “Service Buyers” (new and ‘to be’ parents) with “Service Providers” (professionals) who provide services in support of early parenthood and for preparation for pregnancy, birth and early parenthood. Services on the Site may include, but are not limited to, birth doulas, postpartum doulas, lactation consultants, birth educators, physical therapists, etc. Service Buyers and Service Providers are collectively referred to as “Users.”

OneHatched is not an employer of the Service Providers. OneHatched does not provide services through the Site. All services are provided by the independent Service Providers who are members of the Site and choose to list their services on the site.  OneHatched conducts a preliminary screening of Service Providers through a background check and interview.  OneHatched does not supervise, train, or provide resources to Service Providers and hereby disavows any responsibility or liability based on the performance or nonperformance of Service Providers.

Transactions are solely between Service Buyers and Service Providers.  OneHatched is not a party to any of the arrangements between Service Buyers and Service Providers. Service Buyers and Service Providers are expected to negotiate the terms of the services provided including payment.

Eligibility

Users must meet the following conditions to be eligible to use the Site. Any person not meeting all of these criteria is prohibited from using the Site.

Age: The site is intended and designed for Service Providers 18 years of age and older or Service Buyers 16 years of age and older. Access or use by anyone younger is prohibited.

Criminal History: You and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.

Legal Right to Work: If you are a Service Provider, you must have a legal right to work in the United States.

Payment and Cancellation

The right to use the Site is based on paying membership (a “Subscription”). We process payment for membership fees through our online payment processor, Stripe.   Membership fees are charged on the day that the User signs up and then every month thereafter on that same day or, in the case of a six-month subscription, every 6 months on that same day. Subscriptions renew automatically until cancelled. The price of the Subscription includes local sales tax where applicable.

 

Provider Verification

OneHatched conducts verification of Service Providers and reserves the right to conduct such verifications and/or verify your account and registration information, as well as any representations you have made. Service Provider verification includes an interview and reference check. OneHatched does not conduct criminal background checks or identify verification checks or use available public records to screen service providers as part of the Service Provider verification process. However, OneHatched reserves the right to use third party service providers to conduct criminal background checks or identities verification checks and the use of available public records. OneHatched makes no warranty about its practice  of verifying Service Providers  or Service Buyers.

USER AGREES TO RELEASE ONEHATCHED FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE.

Privacy

Your use of www.afterthird.com is subject to OneHatched’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.afterthird.com or sending emails to OneHatched constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that OneHatched is not responsible for third party access to your account that results from theft or misappropriation of your account. OneHatched and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Cancellation/Refund Policy

You may cancel your subscription at any time. Your cancellation will be applied once the services you have already purchased expire. Please contact us at [email protected] with any questions.

Links to Third Party Sites/Third Party Services

www.afterthird.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of OneHatched and OneHatched is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OneHatched is providing these links to you only as a convenience, and the inclusion of any link on the Site does not imply endorsement by OneHatched of the site or any association with its operators. If you choose to enter the sites you will be governed by the Terms and Conditions of those sites.

Certain services made available via www.afterthird.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.afterthird.com domain, you hereby acknowledge and consent that OneHatched may share such information and data with any third party with whom OneHatched has a contractual relationship to provide the requested product, service or functionality on behalf of www.afterthird.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.afterthird.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to OneHatched that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of OneHatched or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. OneHatched content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OneHatched and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of OneHatched or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

OneHatched has no obligation to monitor the Communication Services. However, OneHatched reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. OneHatched reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

OneHatched reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OneHatched’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. OneHatched does not control or endorse the content, messages or information found in any Communication Service and, therefore, OneHatched specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized OneHatched spokespersons, and their views do not necessarily reflect those of OneHatched.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.afterthird.com or Posted on Any OneHatched Web Page

OneHatched does not claim ownership of the materials you provide to www.afterthird.com (including feedback and suggestions) or post, upload, input or submit to any OneHatched Site or our associated services (“a Submission”, collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting OneHatched, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. OneHatched is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in OneHatched’s sole discretion.

OneHatched’s DMCA Policy

We respect the intellectual property rights of others and expects Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, OneHatched will respond expeditiously to claims of copyright infringement committed using the Site if such claims are reported to OneHatched’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to OneHatched’s Designated Copyright Agent. Upon receipt of Notice as described below, OneHatched will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to OneHatched’s Designated Copyright Agent:
Copyright Agent
OneHatched Inc.
100 Dudley St. #2206

Jersey City, New Jersey 07302

 

International Users

The Service is controlled, operated and administered by OneHatched from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the OneHatched Content accessed through www.afterthird.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless OneHatched, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. OneHatched reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OneHatched in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and OneHatched agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ONEHATCHED, CO. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ONEHATCHED, CO. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ONEHATCHED, CO. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONEHATCHED, CO. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONEHATCHED, CO. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

OneHatched reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and OneHatched as a result of this agreement or use of the Site. OneHatched’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OneHatched’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by OneHatched with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OneHatched with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OneHatched with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

OneHatched reserves the right, in its sole discretion, to change the Terms under which www.afterthird.com is offered. The most current version of the Terms will supersede all previous versions. OneHatched encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

OneHatched welcomes your questions or comments regarding the Terms:

[email protected]

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