MEMBERSHIP/SERVICE
Breathing Room Professional Organizing L.L.C. d/b/a Space Doula® agrees to provide membership to the HouseMagic program (herein referred to as “Membership”) according to the terms and conditions herein. By participating in the Membership, you agree to be bound by and to abide by these HouseMagic Terms and Conditions (“Terms”), and any other terms or conditions incorporated by reference herein.
Your participation in the Membership constitutes your agreement to be bound by the HouseMagic Terms. Do not participate in the Membership if you do not agree to the HouseMagic Terms, the Space Doula® Website Terms of Use, or the Space Doula® Website Privacy Policy.
As part of the Membership, Space Doula® agrees to provide the following to you:
- A password-protected membership site area on the Space Doula® website. Space Doula® agrees to maintain a membership area of the Space Doula® website that will provide video, audio, and/or written content (the “Membership Area”). You will have access to the Membership Area for the duration of your Membership, unless in its sole discretion, Space Doula® determines your access should be limited or terminated. Additionally, Space Doula® reserves the right to entirely terminate the Membership Area of the Space Doula® website in its sole discretion. In the event that Space Doula® exercises this right, Space Doula® agrees to provide Members with 30 days’ notice before terminating the Membership Area.
DISCLAIMERS
The Space Doula® Website Terms of Use (which can be found at the following link: https://spacedoula.com/space-doula-website-terms-of-use/) and the Space Doula® Website Privacy Policy (which can be found at the following link: https://spacedoula.com/space-doula-website-privacy-policy/) are hereby incorporated by reference into these HouseMagic Terms. Except as modified herein, each of those agreements and policies apply to your participation in the Membership.
By participating in the Membership, you represent and warrant your understanding of the following:
- (i) Neither Space Doula® nor any of its representatives, agents, owners, assigns, partners, or employees (collectively “Space Doula® Personnel”) are licensed therapists, unless specifically represented as such.
- (ii) Space Doula® Personnel do not intend for the Membership to provide or replace other methods of counseling or therapy.
- (iii) Information, goods, services, and materials accessible through your Membership are provided “as-is” with no warranty. To the maximum extent permitted by law, Space Doula® disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, applicability, result guarantees, freedom from viruses or destructive features, and implied warranties arising from course of dealing or course of performance.
FEES
In consideration of your access to the Membership, you agree to pay the applicable fee for the Membership option you choose. You may have the option to pay an annual fee or pay a monthly fee. Annual Membership may carry additional benefits to your Membership.
Your Membership will be activated upon successful receipt by Space Doula® of your first annual Membership payment or your first monthly Membership payment. Annual Memberships will automatically renew each year on the Membership participant’s anniversary date and will remain in effect until canceled by Membership participant or the Membership Area of the Space Doula® website is terminated in its entirety. Monthly Memberships will remain in effect until canceled by Membership participant or the Membership Area of the Space Doula® website is terminated in its entirety.
Your payment(s) may be subject to additional terms imposed by the payment processing servicer used by Space Doula®. For example, by initiating annual or monthly payments, you may give the payment processing servicer permission to automatically charge your credit or debit card according to the payment schedule.
If any annual or monthly Membership payment fails, you must provide a new payment method within 3 business days of notification of the failure, or your Membership will be subject to termination.
Annual and monthly payments processed are non-refundable, subject to Space Doula®’s sole discretion.
CONFIDENTIALITY
As a condition of participating in the Membership, you hereby agree to respect the privacy of other Membership participants. Specifically, you agree not to share any information provided by another Membership participant unless you receive express written permission from such other participant to share the information.
NO TRANSFER OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE OF COMPANY INTELLECTUAL PROPERTY
During your participation in the Membership, you may gain access to material that is eligible for protection or is protected by intellectual property and unfair competition laws, including but not limited to copyright and trademark law. Nothing in these Terms or otherwise should be construed as granting any license or ownership to or in any intellectual property right except as expressly stated. No material accessed as part of the HouseMagic program or otherwise, including without limitation proprietary materials only accessible through the Member Area, may be copied, reproduced, republished, uploaded, posted, publicly displayed, modified, or distributed in any way without Space Doula®’s prior written consent.
By purchasing a Membership, you are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Membership content and resources for personal use only. You hereby agree that you will not copy, sell, display, distribute, 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 in the Membership Area or related to your Membership.
Your participation in the Membership does not entitle you to make any unauthorized use of any protected content. By participating in the Membership, you agree to use accessed content solely for your individual use, and will make no other use of the content without the express written permission of Space Doula®.
Any infringement of Space Doula®’s intellectual property will result in an immediate termination of the license granted hereunder.
Your participation in the Membership demonstrates your acknowledgment that breach of the intellectual property provisions in these Terms will cause Space Doula® to incur economic damages in amounts that are difficult to calculate with certainty, and that liquidated damages represent a fair, reasonable, and appropriate estimate thereof. Accordingly, in lieu of actual damages for any such breach, you agree that liquidated damages may be assessed against you and recovered by Space Doula® in the event of breach of the intellectual property provisions, without Space Doula® being required to present any evidence of the amount or character of actual damages sustained by reason thereof. Such liquidated damages are in the amount of five times the total fee for your yearly Membership for each occurrence. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty or as an exclusive remedy, and you agree to pay them to Space Doula® without limiting Space Doula®’s rights under these Terms or damages for other claims that may exist in equity or otherwise.
FORCE MAJEURE
Space Doula® is free of liability where Space Doula® is prevented from performance under these Terms in whole or in part due to force majeure, including without limitation, delays due to fire, flood, extreme weather, labor disputes, strike, lock-out, riots, acts or threats of terrorism, government interference (including regulation, appropriation, rationing, or order), unusual delay in governmental permitting, unusual delay or unavailability of materials, acts of God, or other causes beyond Space Doula®’s reasonable control.
MISCELLANEOUS
You assume complete risk for your use of the Membership. In no event is Space Doula® responsible or liable for any indirect, consequential, incidental, special or punitive damages, even if Space Doula® is advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory arising out of or in connection with your use, inability to use, or the performance of the Membership or any content published in connection therewith. If you are dissatisfied with the Membership or any related service, your sole and exclusive remedy is to discontinue using the Membership. If your jurisdiction does not allow limitations of liability, the above limitation may not apply to you.
You may not assign your Membership without the express prior written consent of Space Doula®.
The intellectual property and confidentiality provisions of these Terms will survive termination of your Membership and your duties under those provisions will remain in effect until the information is no longer protectable or you receive express written prior consent otherwise from the proper party.
Space Doula® reserves the right, in its sole discretion and at any time, with or without notice, to: suspend or terminate access to your Membership; modify the Membership content or any portion thereof; and perform maintenance on the Membership Area, even if that means interruption of user access to the Membership Area or to the Membership Area’s functionality.
You must indemnify and hold Space Doula®, its officers, affiliates, directors, members, managers, employees, agents, affiliates, and successors harmless from any demand, loss, liability, claim, or expense, including attorneys’ fees, asserted against Space Doula® arising from or related to your Membership.
Any dispute arising out of or related to your Membership is governed by the laws of the State of North Carolina and the United States. You agree to the exclusive jurisdiction and venue of any state or federal court sitting in Wake County, North Carolina for any dispute arising out of or related to your use of the Site. In any such dispute, the prevailing party is entitled to reasonable attorneys’ fees incurred in connection with pursuing the dispute.
Any term is void where prohibited.
If any provision of these Terms is held to be illegal or unenforceable, then such section must be treated as eliminated or limited to the minimum extent necessary and the remainder (including any revised portion) must remain and have full force and effect.