Who we are

Our website address is: https://brilliantbirthacademy.com.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Terms of Use

Thank you for joining Brilliant Birth Academy!

Brilliant Birth Academy’s products and services are provided by Brilliant Birth Academy, Inc. These Terms of Use (“Terms”) govern your use of Brilliant Birth Academy’s website and other products and services. As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

Using Brilliant Birth Academy

Who May Use our Services: You may use our Services only if you can form a binding contract with Brilliant Birth Academy, and only in compliance with these Terms and all applicable laws. When you create your Brilliant Birth Academy account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited.

Our License to You: Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and course-specific eligibility requirements, and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain Brilliant Birth Academy’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Brilliant Birth Academy, and you will not share with any third-party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Content Offerings

Changes to Content Offerings: While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. Brilliant Birth Academy reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.

No Academic Credit: Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Content Offering does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a Content Offerings unless you have earned a Course Certificate or other equivalent documentation of your completion of the Content Offerings. Brilliant Birth Academy, instructors, and the associated Directors have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.

User Content: The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like (“User Content”), with Brilliant Birth Academy, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share. User Content does not include course content or other materials made available on or placed on to the Brilliant Birth Academy platform by or on behalf of Brilliant Birth Academy’s Content Providers or their instructors using the Services, the Content Offerings; as between Brilliant Birth Academy and its Content Providers, such Content Offerings are governed by the relevant agreements in place between Brilliant Birth Academy and its Content Providers.

How Brilliant Birth Academy and Others May Use User Content

To the extent that you provide User Content, you grant Brilliant Birth Academy a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Brilliant Birth Academy the right to authorize Partners to use User Content with their registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights Brilliant Birth Academy may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

Feedback: We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Brilliant Birth Academy does not waive any rights to use similar or related Feedback previously known to Brilliant Birth Academy, developed by its employees or contractors, or obtained from other sources.

Security: We care about the security of our users. While we work to protect the security of your account and related information, Brilliant Birth Academy cannot guarantee that unauthorized third parties will not be able to defeat our security measures.

Third Party Content: Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Brilliant Birth Academy cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Brilliant Birth Academy disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third party content.

Copyright and Trademark Policy: Brilliant Birth Academy respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services in accordance with applicable law, including the Digital Millennium Copyright Act.

Education Research: Brilliant Birth Academy is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

Paid Services from Brilliant Birth Academy: Brilliant Birth Academy offers paid Services (e.g., Course Certificates for certain courses) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees charged by or for Brilliant Birth Academy and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. Refunds may be available for paid Services as described in our Refund Policy.

Modifying and Terminating our Services: We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, Brilliant Birth Academy may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of Brilliant Birth Academy, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “Brilliant Birth Academy Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.

Disclaimers: The services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied. The Brilliant Birth Academy parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The Brilliant Birth Academy parties further disclaim any and all liability related to your access or use of the services or any related content. You acknowledge and agree that any access to or use of the services or such content is at your own risk.

Limitation of Liability: To the maximum extent permitted by law, the Brilliant Birth Academy parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any party other than the applicable Brilliant Birth Academy party, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of your content or information. In no event shall Brilliant Birth Academy’s aggregate liability for all claims related to the services exceed twenty US dollars ($20) or the total amount of fees received by Brilliant Birth Academy from you for the use of paid services during the past six months, whichever is greater.

You acknowledge and agree that the disclaimers and the limitations of liability set forth in this Terms Of Use reflect a reasonable and fair allocation of risk between you and the Brilliant Birth Academy parties, and that these limitations are an essential basis to Brilliant Birth Academy’s ability to make the services available to you on an economically feasible basis.

You agree that any cause of action related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Indemnification: You agree to indemnify, defend, and hold harmless the Brilliant Birth Academy Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction: The Services are managed by Brilliant Birth Academy in Redding California. You agree that any dispute related to these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Clara County, California as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than two thousand U.S. Dollars ($2,000.00 USD), either you or Brilliant Birth Academy may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and Brilliant Birth Academy. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

General Terms

Revisions to the Terms: We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; Waiver: If a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Notice for California Users: Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Acceptable Use Policy

Brilliant Birth Academy’s mission is to provide access to exceptional certifying programs for birth professionals. We have drafted this Policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.

We may remove or edit inappropriate content or activity identified by or reported to us or suspend, disable, or terminate a user’s access to all or part of the Services.

You are prohibited from using our Services to share content that:

• Contains illegal content or promotes illegal activities with the intent to commit such activities.
• Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
• Otherwise violates the Brilliant Birth Academy Terms of Use. Please note that specific Content Offerings may have additional rules and requirements.

You also aren’t allowed to:

• Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
• Share your password, let anyone access your account, or do anything that might put your account at risk.
• Attempt to access any other user’s account.
• Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
• Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
• Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
• Try to reverse engineer any portion of our Services.
• Use our Services or any functionality of the Brilliant Birth Academy platform for anything other than for completing online courses or for pedagogical purposes.
• Impersonate or misrepresent your affiliation with any person or entity.

Copyright and Trademark Policy

Brilliant Birth Academy respects the intellectual property rights of our Directors and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

If you believe in good faith that materials on the Services infringe your copyright, the DCMA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information:

1. the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Brilliant Birth Academy to locate the material on the Services;
4. the name, address, telephone number, and email address (if available) of the complaining party;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

Refund Policy

Our policies differ for subscription payments vs. one-time course and Specialization purchases, and that payment options may vary from one Service to another.

For Month-to-Month Subscriptions

Brilliant Birth Academy does not offer refunds for payments made on a month-month subscription plan. To avoid being charged during a free trial promotion, you must cancel your subscription before your free trial ends. If you complete a course during the free trial period, Brilliant Birth Academy reserves the right to require you to pay for a one-month subscription in order to receive a Course Certificate.

Your subscription will continue on a month-to-month basis unless and until cancelation or the subscription is suspended or discontinued by Brilliant Birth Academy. For subscriptions to individual certification courses, Brilliant Birth Academy will automatically discontinue your subscription at the end of the monthly period during which you earn your course Certification. If you cancel your subscription, cancellation will be effective at the end of the current monthly period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.

For Brilliant Birth Academy All-Access Pass

Your Brilliant Birth Academy All-Access Pass subscription will continue for the subscription period identified at the time of your purchase and then automatically renew unless and until you cancel your subscription or the subscription is suspended or discontinued by Brilliant Birth Academy.

If you cancel your subscription after the first 14 days of your subscription period, you will continue to have access until the end of the subscription period and will not be billed for the next billing cycle.

For One-time Course and Course Certification Purchases: If you cancel your paid enrollment for a standalone course, Brilliant Birth Academy will offer you a complete refund until 30 days after payment. For avoidance doubt, once you have earned a Course Certificate with your payment, you are not eligible for a refund even if it is within 30 days.  If you cancel your one-time, paid enrollment for a certification course, Brilliant Birth Academy will offer you a complete refund until 30 days after payment.

For Other Paid Services: Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, Brilliant Birth Academy has no obligation to provide refunds or vouchers for any other Services.

Honor Code

All students participating in the class must agree to abide by the following code:

1. I will register for only one account.
2. My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration).
3. I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else. This includes both solutions written by me, as well as any solutions provided by the course staff or others.
4. I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.