Terms + Conditions

The following terms ("Terms of Use") constitute an agreement between Ella Goldberg ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the content administered by Empowered With Ella ("EWE"), located at www.ellagoldbergbirth.com.

Your use of EWE constitutes your acceptance of, and agreement to, the following Terms of Use. Ella Goldberg reserves the right to modify, alter, amend or update its content, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use EWE content.

YOUR RESPONSIBILITY IN USING EWE Content

EWE was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided in EWE content. EWE makes no representations, warranties, or guarantees. You understand that results may vary from person to person. EWE assumes no responsibility for errors or omissions that may appear in the content.

USE OF EWE CONTENT

Unless otherwise stated, EWE owns the intellectual property and rights to all content and material on the website and associated platforms. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:

·        Republication, redistribution, sale, rental, or sub-licensing of content from EWE content;

·        Reproduction or duplication of any content by EWE for commercial purposes;

·        Modification of any content by EWE;

SHARING ON SOCIAL MEDIA CHANNELS:

You are permitted to share content on social media channels, as long as a you provide a link to EWE source on the channel where the content is being shared.

Images:

Users are permitted to share one image from EWE content on digital channels, as long as the image is credited to EWE, with a link to the original source. For example, if you own a website and wish to feature a piece of EWE’s content, you may insert one image from EWE onto your website, as long as you provide credit and a link back to EWE, more specifically the page where the image was taken.

From time to time, EWE will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of EWE's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to EWE.

PROHIBITED USES OF EWE CONTENT

You must not use EWE content in a way that causes, or may cause, damage to EWE or impair the availability of access to EWE content. You must not decompile, reverse engineer, disassemble, or otherwise reduce the EWE content, except to the extent that such activity is expressly permitted by applicable law. You must not use EWE to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the content without EWE's express written permission.

You must not use EWE content to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.

You must not use EWE content for any third-party marketing without EWE's express written permission.

COPYRIGHT

Unless otherwise noted, the design, content, and all components of EWE content are copyrights owned by EWE or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

EWE's trademarks and trade dress may not be used in connection with any product or service that is not EWE's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits EWE or its owners.

From time to time, EWE will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and EWE makes no claim of ownership.

CONTENT CONTRIBUTED TO EWE
In limited circumstances, you may contribute content to the EWE, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you, EWE, or a third party.

EWE reserves the right to edit or remove: (i) any material submitted; (ii) stored on EWE's servers; or, (iii) hosted or published on EWE’s channels. EWE takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding EWE's rights under the Terms of Use, EWE does not undertake to monitor the submission of all content to, or the publication of such content on, the site and channels.

GRANT OF RIGHTS

You grant EWE a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the site and channels. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant EWE the right to sub-license these rights and the right to bring an action for infringement of these rights.

COMMUNICATION

If you send EWE an email, register to use the site, or provide your email to EWE in any other way, you consent to receive communications from EWE electronically. You agree that all legal notices provided via electronic means from EWE satisfy any requirement for written notice.

THIRD PARTIES

The EWE site and channels may contain links to third-party websites that are not governed or controlled by EWE. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of EWE content. EWE assumes no control or liability over the content of any third-party sites. You expressly hold EWE harmless from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the EWE site and content, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the site or content, you expressly hold EWE harmless from any and all liability in any dispute.

NO WARRANTIES

EWE content is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. EWE makes no representations or warranties in relation to the website or the information and materials provided therein.

EWE makes no warranty the content will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the website and content. EWE is not responsible to you for the loss of any content or material uploaded or transmitted through the website or content. The EWE site and content is written in English and makes no warranty regarding translation or interpretation of content in any language. 

LIMITATION OF LIABILITY

EWE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold EWE, its members and employees harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which EWE suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Israel. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Israel. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without EWE's prior written consent; however, the Terms of Use may be assigned by EWE in its sole discretion.

The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the content offered by EWE.

All notices with respect to the Terms of Use must be in writing and may be via email to birth@ellagoldbergbirth.com for EWE and to your email address.