Pregnancy to Parenthood with Nurse Nat Terms & Conditions

​The following Terms and Conditions are entered into by and between you ( “you” or “your”) and Enzo & Zola LLC dba Baby Steps with Nurse Nat (“Nurse Nat”, “we”, “our”, or “us”).

Program

Nurse Nat provides online e-learning courses around late pregnancy, delivery, postpartum care, and early parenthood, any one of which is a “Program”.

As a condition of purchasing and participating in the Program, you agree to be bound by these Terms & Conditions.

Terms of Use, Privacy Policy, & Disclaimer

Nurse Nat’s Terms of Use, Privacy Policy, and Disclaimer form part of these Terms & Conditions. Unless these Terms & Conditions state otherwise, each of those agreements and policies shall apply fully to your participation in the Program. If there is any inconsistency between any of those agreements and/or policies and these Terms & Conditions, these Terms & Conditions will take precedence.

Our Relationship With You

By purchasing a Program, Nurse Nat agrees to provide you with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

Nothing in these Terms & Conditions form any partnership, joint venture, employment, or agency relationship between you and Nurse Nat. 

Fees

By purchasing the Program, you understand and acknowledge that you are entering into a legally binding contract with Nurse Nat, which requires you to pay the fees in full in exchange for access to the Program.

You will only be entitled to use the Program when we receive full payment of the course fee in its entirety, or if you have opted into a payment plan, upon receipt of the first installment of the selected payment plan. 

If you select a payment plan, you will be responsible for all of the payments in the payment plan unless you are granted a refund in accordance with the refund policy in these Terms & Conditions.

You may not cancel or avoid any of the payments in any selected payment plan except by correctly using the refund policy.

Payment Authorization

By making a payment online with your credit or debit card, you give Nurse Nat permission to automatically charge your payment method for the specified fees due and payable for the Course, without additional authorization. You also give the Company permission to share your payment information and instructions required to complete any and all payments in the transaction with its third-party payment providers.

By electing to pay for the Program through a payment plan:

a) you authorize Nurse Nat to charge your payment method automatically for each payment in the payment plan without further authorization or notice to you (unless required by law).

b) it is your responsibility to ensure that the payment method we have on file for you is valid for the duration of the payment plan. If your payment method becomes invalid before completing all payments in the payment plan, you must notify us before your next payment is due by writing to us at hello@beforethebirthplan.com.

c) you understand that you are required by law to complete all remaining payments of your payment plan unless you have correctly requested a refund in accordance with the refund policy in these Terms & Conditions, and your refund request has been verified as valid.

Consequences of Failed Payments

In the event any payment fails or is not made by the due date, your access to the Program and the Private Community will be immediately suspended, and any rights or licenses to use the Program and course materials will terminate as of the date of non-payment.

The first time a payment fails or is missed, if you subsequently make the payment that was due, your access will be restored, and you will not be charged any additional fees for restoring your access.

If there is any subsequent failed or missed payment, the total remaining balance on your payment plan will become due within 30 days of the most recent missed payment’s due date, regardless of how many payment installments remain. Your access will be restored once you have paid in full.

If your failure to make a payment on time results in the suspension of your access which causes you to miss out on any live calls or presentations, you will not be entitled to any reduction in the Program fees or any refund.

By agreeing to these Terms & Conditions, you acknowledge that these are fair and reasonable consequences for failed and/or missed payments.

Refund Policy

In order to provide a high-quality Program and the best possible content, community, and service to our customers, Nurse Nat caps the number of participants in the Program. In the interest of fairness to the potential customers, we have to turn away when the cap is reached, Nurse Nat’s policy is that all sales are final. We do not offer any money-back guarantee and no refunds will be given, to the extent permitted by law.

If you believe that a law in your geographic area entitles you to a refund, please contact us at hello@beforethe birthplan.com. We will verify our legal obligations, and if required, we will provide you with a refund.

What Is Included With Your Program Purchase

As part of the Program, Nurse Nat will provide the following:

Access to the Program Platform 

Nurse Nat shall maintain a Program via a digital platform that may include lessons, forms, worksheets, checklists, and other information (the “Platform”). You shall have access to this Platform from the start date of the Program as indicated at the time of registration (the “Start Date”). Your purchase of the Program comes with “Lifetime Access” to the Platform, which means that you will be able to access the Program via the Platform for as long as the Program remains published. If the location or method of access to the Platform changes, you will be notified and be provided with instructions for how to access the Platform at its new location. If Nurse Nat decides to unpublish the course at any time in the future, you will receive a notification that gives you 60 days to download all of the materials related to the Program from the Platform.

Access To Private Community 

Nurse Nat will maintain a private online community that you will have access to as a member of the Program (the “Private Community”). This Private Community also comes with “Lifetime Access,” which means that you will be able to access the Private Community for as long as the Private Community remains published.

The Private Community provides a forum for you to connect with other Program participants and to seek guidance and support. Members of the Program will seek to interact with Program participants in the group, but Nurse Nat does not make any guarantees about participation by any of its staff or members. You are required to abide by any and all rules posted in that Private Community. If you fail to abide by those rules, you will forfeit your right to participate in that Private Community. In the event you lose your right to participate in the Private Community as a result of a rules violation, you shall not receive any discount or refund.

Live Sessions 

As a member of the Program, you will have access to a minimum of 2 live sessions each week (the “Live Sessions”) for 6 weeks from the Start Date of the Program. The Live Sessions may include instructional information from Nurse Nat instructors, guest experts, and/or question and answer sessions. Nurse Nat shall provide you with details about how to participate in these Live Sessions. 

Bonuses 

From time to time, Nurse Nat will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration. Any Bonus you are entitled to must be claimed within 6 weeks from Start Date.

Intellectual Property

All content included as part of the Program, in any format, and any software used in the Program is the property of Nurse Nat or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. 

Your participation in the Program does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Program, you agree to observe and abide by all copyright and other intellectual property protection. 

You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in these Terms & Conditions or with prior written consent from us.

License

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources for the purpose of completing the course.

You agree that you will not modify, publish, transmit, reverse engineer, transfer, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program, except to the extent required to fulfill the Purpose. You also agree that you will not use any part of the content in order to compete with Nurse Nat in the business of delivering online or in-person childbirth education.

Nurse Nat content is not for resale. Your participation in the Program 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 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 Nurse Nat or our licensors except as expressly authorized in these Terms & Conditions.

You hereby agree that any infringement of Nurse Nat’s intellectual property shall result in an immediate termination of the license granted in these Terms & Conditions. 

If you violate the terms of this license, your access to the Program, the Private Community, and any other related content will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.  Furthermore, if you violate this license by giving or selling a copy of our content to anyone other than a license holder, sharing your account with anyone other than a license holder, or if you imply that anyone who gets access to our content has the right to use it for his/her/its commercial purposes, we reserve the right to invoice you for the licenses you have gifted or sold to others.

Confidentiality

Nurse Nat respects the privacy of its customers and will not disclose any Confidential Information you provide except as described in these Terms & Conditions.

“Confidential Information” is any information about Nurse Nat, your classmates, or other customers, which is not generally available to the public and that a reasonable person would consider to be confidential. This includes, but is not limited to,

1. the course materials, in whatever format they are provided; and

2. information about other customers, including their personal details and situations.

Due to the nature of the content in the Program, you will be exposed to Confidential Information belonging to both Nurse Nat and other Program Participants. As a condition of participating in the Program, you agree to protect the Confidential Information and not share it with anyone outside the Private Community unless specifically allowed by these Terms & Conditions or you have written permission to do so. 

You also acknowledge that you may be exposed to certain sensitive personal information that must be treated with special care, security, processing procedures, and/or other legal and regulatory requirements in your jurisdiction, and you are responsible for complying with any such local legal or regulatory requirements with respect to that information.

Your Confidential Information may be shared with our staff, sub-contractors, and/or third-party providers only to the extent necessary in order to provide the best services to you. If we do have to share your Confidential Information for this purpose, we will ensure that any person to whom it is disclosed also stores and treats the Confidential Information with the appropriate level of security and secrecy.

Personal Responsibility

By participating in the Program, you accept personal responsibility for your birth outcomes. You agree that Nurse Nat has not made any guarantees about the results of taking any action, whether recommended in the Program or not. Nurse Nat provides educational and informational resources that are intended to help participants in the Program prepare for delivery & early parenthood. However, your birth and experience of parenting will be the result of your particular situation and innumerable other circumstances beyond the control and/or knowledge of Nurse Nat.

You also recognize that prior client success stories and testimonials do not guarantee a similar outcome. Therefore, the results obtained by others, whether they are current or past participants in a Program or otherwise, do not guarantee that you or any other person or entity will be able to obtain similar birth outcomes.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plan or policy suggested or recommended in the Program.

Materials Provided By You During The Program

You own all of the information or materials you may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to the Platform, the Private Community, in a Submission, or using any of our associated services (collectively, the “Materials”). Nurse Nat will never claim ownership of these Materials which belong to you and will never sell your Materials to anyone else.

However, by posting, uploading, inputting, providing, or submitting your Materials, you are granting Nurse Nat, our affiliated companies, and necessary sub-licensees permission to use your Materials in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Materials; and to publish your name and image in connection with your Materials.

In other words, Nurse Nat has the right to include your Materials – including any audio or video recordings of you participating in any sessions as part of the Program – in the Program and other marketing material going forward.

No compensation will be paid for the use of your Materials in accordance with the rights granted in these Terms & Conditions. Nurse Nat is under no obligation to post or use any Materials you may provide and may remove any Materials at any time at Nurse Nat’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Materials you warrant and represent that you own or otherwise control all of the rights to your Materials as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Materials.

Nurse Nat will never use any Materials in a way that harms your personal prospects or reputation. If any Materials include the identifiable personal information of an individual other than you, Nurse Nat will anonymize such identifiable personal information before publicly using any Materials.

Technology and Availability

Your use of the Platform, the Private Community, and any associated services may sometimes be subject to interruption or delay. 

Due to the nature of the Internet and electronic communications, we and our service providers cannot guarantee that our websites, platforms, or any associated services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our websites, platforms, or the services supplied through them become unavailable, interrupted or delayed, or cause technical difficulties or glitches, regardless of the reason.

No Warranties

Nurse Nat makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby absolve Nurse Nat of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program.

The information, software, products, and services included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. Nurse Nat and/or its suppliers may make improvements and/or changes in the Program at any time. 

To the maximum extent permitted by applicable law, in no event shall Nurse Nat and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, equitable, consequential loss or 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 Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if Nurse Nat or any of its suppliers has been advised of the possibility of damages. 

Nothing in these Terms & Conditions excludes or limits the liability of Nurse Nat for death or personal injury caused by negligence, fraud or fraudulent representation, or any other liability which cannot be limited or excluded by applicable law in your jurisdiction.

If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

Arbitration

​You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. 

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Ft. Lauderdale, FL. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

Indemnification

You agree to indemnify, defend, and hold harmless Nurse Nat, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of:

1. your use of or inability to use the Program and related services, 

2. any user postings made by you, 

3. your violation of any terms of these Terms & Conditions, 

4. your violation of any rights of a third party, or

5. your violation of any applicable laws, rules, or regulations. 

Nurse Nat reserves the right, at its own cost, to take over the defense and control of any matter that you are obligated to indemnify, in which case, you will fully cooperate with Nurse Nat in the defense of the matter.

Termination And Access Restriction

Nurse Nat reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time if:

1. you become disruptive or abusive to Nurse Nat or other Program participants;

2. you fail to follow the Program guidelines, the Private Community rules, or any other reasonable instructions from Nurse Nat; or

3. you otherwise violate these Terms & Conditions.

You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Entire Agreement​

These Terms & Conditions, along with any agreements and policies incorporated by reference, constitute the entire agreement between you and Nurse Nat with respect to the Program, and they supersede all prior agreements, promises, assurances, warranties, representations, and understandings, whether written or oral, between you and Nurse Nat with respect to the Program. A printed version of these Terms & Conditions 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. 

Interpretation

Unless the context otherwise requires, references to the singular include the plural, and references to the masculine include the feminine and vice versa.

The headings contained in these Terms & Conditions are for convenience only and do not affect their interpretation.

Severability 

If any provision of these Terms & Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then such invalidity or unenforceability shall not affect the other provisions of these Terms & Conditions, which shall remain in full force and effect. 

The parties agree to attempt to substitute for any invalid or unenforceable provision with a valid or enforceable provision that achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

No Waiver

The failure or delay in enforcing or exercising any term of or any right under these Terms & Conditions shall not be construed as a waiver of that term or right and will in no way affect the right to later enforce or exercise it.

Force Majeure

Nurse Nat shall not be liable or responsible to you, nor will it have defaulted or breached these Terms & Conditions, for any failure or delay in fulfilling or performing any part of these Terms & Conditions to the extent such failure or delay is the result of acts or circumstances beyond the reasonable control of Nurse Nat (“Force Majeure Events”). 

Force Majeure Events include, but are not limited to, acts of God, natural disasters, governmental actions, terrorist threats or acts, civil unrest, national emergency, epidemic, lock-outs, labor disputes, materials or telecommunication breakdowns, and power outages.

Nurse Nat is a small business with limited staff. Any illness affecting one or one or more Nurse Nat staff members that prevent the effective day-to-day running of the business is also considered a Force Majeure Event.

Effective Date

These Terms & Conditions shall apply and be enforceable with respect to each Program purchased by you from the date that you initially register for that Program.

Governing Law

These Terms & Conditions are governed, construed, and interpreted according to the laws of the State of Florida, USA, and are subject to the exclusive jurisdiction of the courts of Broward County, Florida, USA.