Agreement to Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WWW.SPACEDOULA.COM WEBSITE AND ANY WEB PAGE(S) UNDER THE SPACEDOULA.COM DOMAIN (COLLECTIVELY, THE “SITE”). YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE BELOW TERMS AND CONDITIONS FOR AS LONG AS YOU USE OR ACCESS THE SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO THE BELOW TERMS AND CONDITIONS.
SPACE DOULA® RESERVES THE RIGHT TO CHANGE ANY OR ALL TERMS OF USE AT ANY TIME IN ITS SOLE DISCRETION. IT IS YOUR RESPONSIBILITY TO PERIODICALLY CHECK THESE TERMS OF USE. YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY ANY CHANGE(S) TO THE TERMS OF USE.
Content and Intellectual Property
The Site is owned and operated by Breathing Room Professional Organizing L.L.C. d/b/a Space Doula®. The Site contains 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 on the Site should be construed as granting any license or ownership to or in any intellectual property right except as expressly stated. No part of the Site, including without limitation proprietary materials only accessible through the member portal, may be copied, reproduced, republished, uploaded, posted, publicly displayed, modified, or distributed in any way without Space Doula®’s prior written consent.
Use of the Site
BY USE OF THE SITE AND AS A CONDITION OF ITS USE, YOU WARRANT TO SPACE DOULA® THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED.
Violation of Terms of Use
The following is a non-exhaustive list of actions that would violate these Terms of Use:
- Selling, copying, licensing, modifying, transferring, or assigning any information, material, intellectual property, or services provided on the Site;
- Attempting to obtain or obtaining any content on the Site by any means not purposely made available by the Site;
- Using the Site for any unlawful purpose;
- Using another person’s member login;
- Gaining unauthorized access to any portion of the Site or any data from the Site;
- Falsely implying any association with the Site;
- Using the Site to threaten, intimidate, harass, abuse, libel, slander, or otherwise defame another;
- Attempting to breach or breaching the Site’s security measures;
- Assisting, soliciting, or enabling another to commit an unlawful act or to violate these Terms of Use;
- Otherwise engaging in any conduct that Space Doula® in its sole discretion considers offensive or inappropriate.
Purchases
Any specific goods or services offered on this Site, or any specific portion or feature of the Site may have additional terms and conditions. By purchasing, you agree to those specific terms and conditions in addition to these Terms of Use. Unless specifically provided for, any goods, services, features, or portions of the Site that are purchased are valid until the expiration of the membership period in which the purchase is made.
In the event of a conflict between any specific additional terms and conditions and these Terms of Use, the specific additional terms and conditions will apply to your use or consumption of those specific goods, services, portions, or features. The specific terms and conditions will control only to the extent that there is a conflict and otherwise these Terms of Use will still apply.
Accounts, Passwords, and Security
Certain goods, services, features, or portions offered on or through the Site require an account. You are solely and entirely responsible for maintaining the confidentiality of your unique username and password, for controlling access to your account, for any activity on your account, and for any liability relating to the above.
Link to Privacy Policy
Space Doula®’s Privacy Policy also governs your use of the Site and its terms of incorporated into these Terms of Use by reference.
Disclaimers
Information, goods, services, and materials on the Site 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.
Limitation of Liability and Indemnity
You assume complete risk for your use of this site. 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 Site or any content published thereon.
If your jurisdiction does not allow limitations of liability, the above limitation may not apply to you.
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 use of the Site.
Governing Law
Any dispute arising out of or related to your use of the Site 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.
Miscellaneous
Any term is void where prohibited.
If any provision of these Terms of Use 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.
Space Doula® reserves the right, in its sole discretion and at any time, with or without notice, to: suspend or terminate access to the Site; modify the Site or any portion thereof; and perform maintenance on the Site, even if that means interruption of user access to the Site or to the Site’s functionality.
All contents of the Site are Copyright © 2021 Breathing Room Professional Organizing L.L.C. d/b/a Space Doula®, 3036 Kilarney Ridge Loop, Cary, NC 27511-5173, U.S.A. All rights reserved.