Terms - Postpartum University®

Terms and Conditions

By purchasing access to any of Maranda Bower LLC programs or courses, you agree to the following terms and conditions of purchase (hereinafter “Agreement”), as well as our Privacy Policy, hereby incorporated by reference. This is a legal agreement between you (“user”) and “Maranda Bower LLC”, “we,” “us,” or “our”).

In the event of a conflict between this Agreement and our Privacy Policy or website Terms of Use, the terms of this Agreement shall control. To purchase any of Maranda Bower LLC programs or courses, you must be 13 year of age or older. If you are under the age of 18, you should seek parental permission before purchasing any of Maranda Bower LLC programs or courses, and review these terms and conditions with your parent or legal guardian.

Please read the following Agreement carefully. THE BOLDED SECTION ENTITLED ‘BINDING ARBITRATION’ AFFECTS YOUR LEGAL RIGHTS AND IS LEGALLY BINDING.

Purchaser Rights, Conduct, and Limitations

Your privacy is important to us. Please review our Privacy Policy for information about what data we collect, how we collect your data, why we collect your data, how long we retain your data, when we may share your data, and your rights regarding your personal data.

If you are under 18, you must obtain parental consent to purchase any of Maranda Bower LLC programs or courses. In our sole discretion, we reserve the right to refuse service, remove or edit content, and terminate accounts.

You hereby acknowledge and agree that the terms of this Agreement are supported by reasonable, adequate, and valuable consideration of your purchase of any of Maranda Bower LLC programs or courses.

You may access/use to Maranda Bower LLC program(s) or course(s), for lawful purposes only. By accessing any of Maranda Bower LLC programs or courses, you agree not to post, transmit, email, or in any other way make available content that infringes on the trademark, copyright, propriety, or privacy rights of any entity or individual including personal data belonging to another person such as their email address, telephone number, credit care information, postal address, or other sensitive data.

You agree not to post, transmit, email, or in any other way make available content that is obscene, defamatory, pornographic, sexually explicit, promotes violence, contains hate speech, or invades the privacy of another.

You agree not to access any of Maranda Bower LLC programs or courses, to carry out commercial activity or transmit spam.

You acknowledge and agree that Maranda Bower LLC, in its sole discretion, may remove any content it deems to violate these Terms or otherwise constitute a criminal offense, fraud, or potentially create civil liability.

In the event of third-party legal action against you arising from or relating to your use of any of Maranda Bower LLC programs or courses, you agree to hold harmless and indemnify Maranda Bower LLC from any related claims or actions.

Submissions

In your use of any of Maranda Bower LLC programs or courses, you may submit comments, suggestions, reviews, questions, and other information. However, any submissions that contain illegal, obscene, or threatening information will be removed, and you may be prohibited from future access or use of any of Maranda Bower LLC programs or courses. You also may not submit any type of spam including, but not limited to, mass mailings or chain letters, political campaign material, or commercial solicitations. You may not transmit any information which infringes on another party’s intellectual property, invades the privacy of another, or in any other way causes injury to another individual. You may not transmit data containing software viruses. Any violation of these terms may result in an immediate termination of your right to access any of Maranda Bower LLC programs or courses and may prohibit you from future use of the course.

We reserve the right to edit and remove any content generated by or involving you on our website. We assume no responsibility or liability for any content sent or posted by you or any other person.

Subject to the terms set forth in our Privacy Policy, no submissions by a purchaser will be treated as confidential and your submission of data or information to us does not form a confidential or fiduciary relationship, nor does it create any expectation of confidentiality between you and Maranda Bower LLC.

Intellectual Property Rights and Limited License

Maranda Bower LLC reserves rights to all content, information, data, text, logos, design elements, headers, service marks, trademarks, photographs, images, videos, blog posts, program and product names, graphics, color schemes and artwork published, to the extent protectable, within or relating to any of Maranda Bower LLC programs or courses, as well as any and all information assessed through any of Maranda Bower LLC programs or courses, which is proprietary.

You may not copy, reproduce, modify, upload, republish, sell, transmit, distribute, post, exploit, or create derivative works of any material from any of Maranda Bower LLC programs or courses.

You may not use any trademarks, service marks, logos, or graphics owned by any of Maranda Bower LLC programs or courses, through common law rights or registration.

Our Limited License to You

By purchasing any of Maranda Bower LLC programs or courses, Maranda Bower LLC grants you a limited, non-transferrable, revocable license to view and utilize content for your personal use only. If you purchase any of Maranda Bower LLC programs or courses, you may access and download purchased content subject to a limited, non-transferrable, revocable license for your own personal, non-commercial use to access, download, and view the material.

This license is granted for use by (1) individual only. If you would like to participate in any of Maranda Bower LLC programs or courses, with a friend, business partner, or colleague, each individual must purchase a separate membership.

You are prohibited from reselling or distributing such purchased material. No other use of our content is permitted without the express written consent of Maranda Bower LLC.

If you violate any portion of these terms, you must destroy any copies you made of our content immediately and your right to access and use any of Maranda Bower LLC programs or courses, and content shall terminate automatically. We reserve the right to take any and all appropriate legal action against infringement upon our intellectual property rights. We also reserve the right to revoke your access to any purchased material, without refund, and take any appropriate legal action.

Confidentiality and Non-Disclosure

By purchasing any of Maranda Bower LLC programs or courses, you agree to protect the privacy of Maranda Bower LLC and other participants pursuant to the following conditions:

You agree not to disclose any proprietary information, confidential information, or trade secrets relating to information and content provided through any of Maranda Bower LLC programs or courses.
You will not discuss or disclose the experience or personal results of other participants.
You will not disclose any confidential or proprietary information shared by another participant or Maranda Bower LLC agent or representative.
You may not share, disclose, reproduce, modify, distribute, sell, or create a derivative work from any content belonging to and shared by another participant.

Technology Disclaimer

By accessing and using any of Maranda Bower LLC programs or courses, you acknowledge, understand, and agree that Maranda Bower LLC makes no representations, warranties, or guarantees regarding the function or condition of the course portal including any features or links.

You further understand and agree that Maranda Bower LLC shall not be liable to you for any loss, damage, inconvenience, or interruption to your business caused by the existence of viruses, or lack of accessibility or availability of the course portal.

In the event of an interruption of service, Maranda Bower LLC will make commercially reasonable efforts to restore service and access as soon as practical.

Affiliate Disclaimer

Some of the links provided through any of Maranda Bower LLC programs or courses may be affiliate links controlled by third-parties or links to products and services for which Maranda Bower LLC earns an affiliate fee, referral fee, or commission. We shall use reasonable efforts to provide notice of any affiliate relationship to a link. By clicking on an affiliate link on our website, course portal, or related communications, you expressly accept liability for any and all consequences of visiting the third party Website or purchasing those goods or services.

Disclaimer

At Maranda Bower LLC we make no guarantees or financial claims of any kind regarding any potential income you may earn or generate by using any of Maranda Bower LLC programs or courses, or implementing information provided through any of Maranda Bower LLC programs or courses, or any of our resources.

Maranda Bower LLC does not make any guarantees of your results or likely outcome from your purchase of any of Maranda Bower LLC programs or courses. We do not guarantee any specific outcome of any kind, whether financial, physical, emotional, psychological, social, spiritual, legal, or otherwise. Your outcome may be influenced by numerous variables including but not limited to your cooperation, focus, energy, and dedication, as well as the influence of outside circumstances and variables.

Any information or content provided through any of Maranda Bower LLC programs or courses is solely for educational and informational purposes.

You are encouraged to seek professional advice and counsel relating to medical, mental, psychological, legal, business, and financial matters. The information or content provided through any of Maranda Bower LLC programs or courses, is not represented in any way to be a substitute for such professional advice.

Your decision to use information provided though any of Maranda Bower LLC programs or courses, is purely voluntary and you acknowledge, understand, and agree that you use such information at your own risk. We are not liable for any harm or damages arising from or related to your use or non-use of information or content provided through any of Maranda Bower LLC programs or courses.

You participate and use the information provided through any of Maranda Bower LLC programs or courses, at your own risk.

Payments and Fees

By purchasing any of Maranda Bower LLC programs or courses, you agree to pay the total course fee and any applicable fees or taxes. You must provide accurate and up-to-date billing and credit card information. By making a purchase, you consent to Maranda Bower LLC authorizing your credit card, debit card, bank account, or any other payment form provided to process the full payment of fees and applicable taxes, through our third-party payment processor.

Refunds

No refunds will be issued after a purchase is made on any and all products and services provided by Maranda Bower LLC. By purchasing, you have agreed to these terms and conditions.

Ending your membership with the Reclaiming Postpartum Wellness Program also means complete loss of access to the course itself, along with access to the group. Materials such as handouts and guides may be downloaded before termination of membership.

Assignment

You may not assign your rights under this Agreement without our express written consent.

Force Majeure

Neither party shall be liable for any delay or failure to fulfill its obligations under this Agreement if the delay or failure is caused by forces beyond its reasonable control, including without limitation natural and nuclear disasters, fire, flood, riot, war (declared and undeclared), acts of terrorism, revolution, embargoes, strikes, work stoppages, civil or military disturbances, loss of communication or computer services, or acts of God. In any such event, the party shall be relieved of any and all obligations under this Agreement during the applicable Force Majeure and resume performance of its obligations under this Agreement as soon as reasonably practicable.

Compliance with Applicable Laws

Our business and website is based in the United States. If you purchase access to any of Maranda Bower LLC programs or courses, you do so at your own risk. We make no claims as to whether our website or course portal may be accessed, used, viewed, or downloaded outside of the United States.

Disclaimer of Warranties; Limitation of Liability

MARANDA BOWER LLC PROGRAMS OR COURSES, AND ANY CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE RESERVE THE RIGHT TO MAKE CHANGES, ADDITIONS, CORRECTIONS, AND IMPROVEMENTS TO ANY OF MARANDA BOWER LLC PROGRAMS OR COURSES, AT ANY TIME WITHOUT NOTICE. WE MAKE NO REPRESENTATIONS OR GUARANTEES OF THE ACCURACY OF ANY INFORMATION ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY TECHNICAL, TYPOGRAPHICAL, OR PRICING ERRORS REGARDING ANY OF MARANDA BOWER LLC PROGRAMS OR COURSES, EXCEPT AS REQUIRED BY LAW. YOU USE THE CONTENT PROVIDED THROUGH ANY OF MARANDA BOWER LLC PROGRAMS OR COURSES, AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MARANDA BOWER LLC DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. MARANDA BOWER LLC DOES NOT WARRANT THAT ANY OF MARANDA BOWER LLC PROGRAMS OR COURSES, WILL OPERATE FREE FROM ERROR, DESTRUCTIVE FEATURES, COMPUTER VIRUSES OR OTHER CONTAMINATION.

FURTHERMORE, MARANDA BOWER LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, OR YOUR RESULTS FROM YOUR USE OF THE CONTENT, SOFTWARE, SERVICES, INFORMATION, OR FACILITIES OF ANY OF MARANDA BOWER LLC PROGRAMS OR COURSES.

IN NO EVENT, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNTIVE, OR CONSEQUENCIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS DISRUPTION, THROUGH ANY ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATED TO YOUR USE OF ANY OF MARANDA BOWER LLC PROGRAMS OR COURSES, OR ANY CONTENT CONTAINED ON THE MEMBERSHIP SITE. IN ANY AND ALL CIRCUMSTANCES, YOUR MAXIMUM REMEMDY AND THE MAXIMUM LIABILITY OF MARANDA BOWER LLC, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE PRICE OF PURCHASE.

Indemnification

BY ACCESSING AND USING ANY OF MARANDA BOWER LLC PROGRAMS OR COURSES, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MARANDA BOWER LLC FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, EXPENSES, LIABILITIES, CAUSES OF ACTION, AND/OR CLAIMS ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THIRD PARTY RIGHTS, OR YOUR MISUSE OF ANY OF MARANDA BOWER LLC PROGRAMS OR COURSES, OR RELATED CONTENT.

Termination

Any violation of this Agreement may lead to termination of your right to access the website and course portal and/or appropriate legal action.

Governing Law and Jurisdiction

The terms of this Agreement will be governed by the laws of the State of Alaska. The state and federal courts located in the State of Alaska will have exclusive jurisdiction over any case or controversy arising from or relating to this Agreement, use of online course, or any products or services provided by Maranda Bower LLC or disputes arising out of or relating to your purchase of any of Maranda Bower LLC programs or courses.

You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of the federal and state courts of the State of Alaska for purposes of any claim or action arising out of or relating to these Terms and waive any defense of forum non conveniens. Through your access and use of the Membership Site, you are deemed to have knowingly and voluntarily waived any right to a trial by jury in any case or controversy related to this Agreement, use of course, or any related products or services.

Dispute Resolution

If a dispute arises from or relating to this Agreement, our Content, any of Maranda Bower LLC programs or courses, or the Membership Site and the Parties are unable to settle the dispute through direct communication, the Parties agree to first try to settle the dispute by mediation with the help of a mutually agreed upon mediator in Alaska. The Parties shall share any costs and fees related to the mediation equally, other than attorney fees.

BINDING ARBITRATION

IF MEDIATION DOES NOT RESOLVE A CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PARTIES AGREE THAT ANY UNRESOLVED CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO ITS COMMERCIAL ARBITRATION RULE AND ANY JUDGMENT RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

Miscellaneous

Any failure by us to act on or enforce any provision contained within these Terms shall not constitute or be construed as a waiver of the provision or any other provision contained within these Terms. To be effective, a waiver of any provision contained within these Terms must be made by us in a signed, written agreement and no such waiver shall constitute a waiver of any other provision within these Terms besides the provision expressly waived in that signed writing.

The section headings contained within these Terms shall not be given any legal meaning or significance and are provided simply for convenience.

Severance

If any provision of this Agreement is found unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement.

Complete Understanding

This Agreement supersedes any prior agreement, communication, or representations between you and Maranda Bower LLC and constitutes a complete and final agreement regarding your purchase of any of Maranda Bower LLC programs or courses.

Intellectual Property Rights and Limited License for the Postpartum Nutrition Plan™

Limited License to Copyright

Through your purchase of this course, Maranda Bower LLC grants you a limited, non-transferable, non-exclusive license to the Postpartum Nutrition Plan™ for your personal use and/or for use in the course of your business. Specifically, you may use the Postpartum Nutrition Plan™ for your own personal use or when providing one-on-one services to your clients. You may also resell the Postpartum Nutrition Plan™ individually, but may not divide the work or resell, copy, or repurpose only portions of the Plan.

You may not:

Use the Postpartum Nutrition Plan™ in your own group programs.
Use the Postpartum Nutrition Plan™ within your own online course.
Use the Postpartum Nutrition Plan™ within your own membership site.
Use the Postpartum Nutrition Plan™ to train other professionals.
Republish the Postpartum Nutrition Plan™ on a publicly accessible forum or platform.
Copy and/or repurpose only portions of the Postpartum Nutrition Plan™.

In its sole discretion, Maranda Bower LLC may revoke this license at any time. Any rights not expressly granted to you are reserved to Maranda Bower LLC.

Limited License to Trademark Rights

If you have participated in and successfully completed the certification program, Maranda Bower LLC shall grant you a limited, non-transferable, non-exclusive, revokable license to use the Postpartum Nutrition Plan™ mark, to which Maranda Bower holds exclusive common law rights, to signify and promote the incorporation of this plan into your own client services.

Your use of the mark is limited to promotional materials such as your website, social media and other promotional materials, as well as your internal client materials.

In displaying the Postpartum Nutrition Plan™ mark, you may not suggest a joint venture, franchise, or partnership with Maranda Bower LLC.

In its sole discretion, Maranda Bower LLC may revoke this license at any time. Any rights not expressly granted to you are reserved to Maranda Bower LLC.

If you violate any portion of these terms, you must destroy any copies you made of the Postpartum Nutrition Plan™ content immediately and your right to access and use the material shall terminate automatically. Maranda Bower LLC reserves the right to take any and all appropriate legal action against infringement upon its intellectual property rights. Maranda Bower LLC also reserves the right to revoke your access to any purchased material, without refund, and take any appropriate legal action.

Terms of Purchase and Refund Policy of the Postpartum Nutrition Plan™

Effective Date: 11/22/2020

Last Updated: 11/22/2020

Purchaser Rights, Conduct, and Limitations

Please review our Privacy Policy for information about what data Maranda Bower LLC collects, how it collects Purchaser’s data, why it collects this data, how long it retains this data, when it may share this data, and Purchaser’s rights regarding their personal data.

If Purchaser is under 18, they must obtain parental consent to purchase from Maranda Bower LLC. In Maranda Bower LLC’s sole discretion, it reserves the right to refuse service.

Payments and Fees

Purchaser shall pay any and all applicable fees and taxes for the purchase of the Postpartum Nutrition Plan™. Purchaser must provide accurate and up-to-date billing and credit care information. By making a purchase, Purchaser consents to Maranda Bower LLC authorizing their credit card, debit card, bank account, or any other payment form provided to process the full payment of fees and applicable taxes, through Maranda Bower LLC’s third-party payment processor.

Intellectual Property Rights and Limited License

Limited License to Copyright

Maranda Bower LLC grants to Purchaser a limited, non-transferable, non-exclusive license to the Postpartum Nutrition Plan™ for personal use and for use in the course of Purchaser’s business. Specifically, Purchaser may use the Postpartum Nutrition Plan™ for Purchaser’s own personal use or when providing one-on-one services to Purchaser’s clients. Purchaser may also resell the Postpartum Nutrition Plan™ individually, but may not divide the work or resell, copy, or repurpose only portions of the Plan.

Purchaser may not:

In its sole discretion, Maranda Bower LLC may revoke this license at any time. Any rights not expressly granted to Purchaser are reserved to Maranda Bower LLC.

Limited License to Trademark Rights

If Purchaser participates in and successfully completes the certification program, Maranda Bower LLC shall grant Purchaser a limited, non-transferable, non-exclusive, revocable license to use the Postpartum Nutrition Plan™ mark, to which Maranda Bower holds exclusive common law rights, to signify and promote the incorporation of this plan into Purchaser’s own client services.

Purchaser’s use of the mark is limited to promotional materials such as a Purchaser’s website, social media and other promotional materials, as well as Purchaser’s internal client materials.

In displaying the Postpartum Nutrition Plan™ mark, Purchaser may not suggest a joint venture, franchise, or partnership with Maranda Bower LLC.

In its sole discretion, Maranda Bower LLC may revoke this license at any time. Any rights not expressly granted to Purchaser are reserved to Maranda Bower LLC.

If Purchaser violates any portion of these terms, Purchaser must destroy any copies it made of the Postpartum Nutrition Plan™ content immediately and Purchaser’s right to access and use the material shall terminate automatically. Maranda Bower LLC reserves the right to take any and all appropriate legal action against infringement upon its intellectual property rights. Maranda Bower LLC also reserve the right to revoke Purchaser’s access to any purchased material, without refund, and take any appropriate legal action.

Disclaimer

The Postpartum Nutrition Plan™ is offered on an “as-is” basis.

Maranda Bower LLC does not make any guarantees of Purchaser’s or Purchaser’s clients’ results or likely outcome from the purchase of the Postpartum Nutrition Plan™. Maranda Bower LLC does not guarantee any specific outcome of any kind, whether physical, emotional, psychological, social, spiritual, or otherwise. Outcomes may be influenced by numerous variables including but not limited to one’s cooperation, focus, energy, and dedication, as well as the influence of outside circumstances and variables.

Any information or content provided through the Postpartum Nutrition Plan™ is solely for educational and informational purposes.

The information or content provided through the Postpartum Nutrition Plan™ is not represented in any way to be a substitute for professional advice from a licensed nutritionist, dietician, or other health care provider.

Purchaser or purchaser’s clients’ decision to use the information provided in the Postpartum Nutrition Plan™ is purely voluntary and Purchaser acknowledges, understands, and agrees that it is Purchaser’s obligation to inform any of its clients that they implement this information at their own risk. Maranda Bower LLC is not liable for any harm or damages arising from or related to Purchaser’s use or non-use of information or content provided through the Postpartum Nutrition Plan™.

Indemnification

Purchaser shall indemnify and hold harmless Maranda Bower LLC, its successors, assigns, and licensees and the respective officers, directing agents, and employees from and against any and all claims, liabilities, damages, and expenses, including reasonable attorneys’ fee, threatened against or incurred by Maranda Bower LLC in connection with or arising out of any claim by a third party in connection with Maranda Bower LLC’s association with Purchaser unless such claim arises from an act, omission, or breach of any obligation by Maranda Bower LLC.