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© 2019 by Fertility4Me

Our content is for informational purposes only — it's not a substitute for medical advice, diagnosis, or treatment.

Fertility4Me Terms of Service

Last date of modification: March 22, 2019

Please read these Terms of Service and the Privacy Policy (Together, the “Terms”) carefully, they constitute a legally binding contract. By (i) having created a user account with us; or (ii) accessing Fertilityfor.Me, Fertility4Me.com, or Fertility4.me; or (iii), you have agreed to be bound by these Terms.

You should be aware that fertility for me is not a provider of medical advice. Before you take any action that may affect your health or safety or the health or safety of your family or fetus, please consult with a professional. If you think you may have a medical emergency, cal 911 or your healthcare provider immediately.

We reserve the right to change these Terms from time to time, and such changes will become applicable to you if you continue to or access Fertilityfor.Me, Fertility4Me.com, or Fertility4.me at any time after such changes are posted on our Website. Where we believe that any changes are material, we will notify you through alerts on our Website and/or an email to the address you have provided us, but regardless of whether you receive such notice, any changes will become effective if you access any of the Fertility for Me the Websites at any time after such changes are published on this page. We recommend that you visit this page periodically to be sure you are aware of the most recent terms of this agreement.

If you are not eligible to do not agree to these Terms, then you do not have permission to use any of the Fertility for Me Websites or Services. If you do not wish to agree to any changes to these Terms, please cease using all Fertility for Me Websites and terminate your account. 

The Parties to this Agreement.

These Terms describe a contractual agreement between you, the user of a Fertility4Me website (“you”, “your”), and Fertility for Me Inc. and its subsidiaries and affiliates (collectively “Fertility for Me”, “us”, “we”, “our”), regarding your use of, our Websites, Fertilityfor.Me, Fertility4Me.com, or Fertility4.me (“Website”), or any other element of our service (through the Website, the “Services”). Fertility for Me has the right to refuse registration of or cancel your user account in its discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that Fertility for Me has the right to terminate or limit your account in the event that Fertility for Me determines, in its sole discretion, that you have violated the policies of the Services or any forum used by you, including by activities that adversely affect the experience of other users. 

 

Eligibility to Use Fertility4Me Services.

To be eligible to use the Services, (i) you must be at least 18 years old or you must be at least 13 years old and have the permission of your parent or legal guardian, (ii) you (or your parent/guardian) must agree to be bound by these Terms, and (iii) you must be a resident of the United States. If you do not meet any and all of these criteria, please do NOT use the Services. 

If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

Any consideration of pregnancy, woman’s health or sexual relationships is very significant. While the Fertility4Me Services are offered to help you on your journey, they are not a substitute for mature evaluation of what is right for you. We strongly recommend that you not take any actions lightly, but particularly if you are less than 18 years old, we recommend that you consult with responsible adults who will help you think about the many aspects of such considerations before you take any action which may, to say the least, be life altering.

 

Fertility for Me Does Not Offer Medical Advice.

The contents of the Fertility4Me Websites and Services, including but not limited to text, graphics, images, advice, recommendations, any information provided by our medical experts, sponsors, affiliates, or business partners or any other information which you may obtain in connection with your use of the Services (“Contents”), are provided for your information only. These Contents do not constitute professional medical advice, diagnoses, or treatment, and you should not rely on them as such. Your physician has particular medical knowledge about you, your baby and your baby's health and should always be consulted if you have a medical emergency or questions about a medical condition.

 

Your decision to rely on any information you obtain in connection with your use of the Services is at your sole discretion and risk. In addition, you should be aware that all information included under the heading “Insight” is from the third-party source listed with that information. While we believe the source of such information is reliable, we take no responsibility for its accuracy or applicability to your situation and you should review the underlying source (by clicking the hyperlink) before you make any material decisions based on it. Finally, you should be aware that Fertility4Me does not promise any particular results, including conception, pregnancy, or delivery, regardless of whether you follow all the recommendations contained in the Services. It is not a substitute for seeking advice of a practicing physician. Fertility4Me also does not guarantee pregnancy or pregnancy prevention.

Subject to your acceptance of these Terms, Fertility4Me grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the Fertility4Me Services and related software and to display the results of such Services for your personal non-commercial use. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of Fertility4Me or its licensors.

Accounts and Registration.

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at info@fertility4me.com.

What Fertility4Me Provides. Paid Services.

Premium Services.

Fertility4Me may also offer you additional services (“Premium Services”), which may include additional information and analysis. You acknowledge that Fertility4Me may charge a fee for the use of any Premium Services, provided that Fertility4Me notifies you of any such fee before you incur it the first time. Subject to the foregoing, you agree to pay any fees incurred by you. If your agreement to purchase Premium Services includes an “auto renewal” feature, you agree that you may only terminate such auto renewal in accordance with the processes described below under “Terms of Payment” or as may be specifically set forth on the related webpage. In the event that you purchase a subscription for Premium Services which extends beyond the end of the current calendar month and Fertility4Me ceases to provide Premium Services prior to the end of the term of your subscription, you may request a refund. You acknowledge and agree, however, that you will not have any right to a refund in the event that Premium Services are temporarily unavailable for technical or other reasons, or that Fertility4Me changes the Premium Services that you purchased, terminates any feature or functionality of such services, begins to offer such services to other users without charge or makes any other changes.

 

You understand that you may not receive a refund of any amounts except in exceptional circumstances, and then only through the system you used to purchase the subscription.

 

Furthermore, in the event that your account is terminated or suspended for any reason (e.g., in connection with a material breach of these Terms or based on the discretion of Fertility4Me), any unearned subscription payments will be forfeited unless the Company decides to pay a refund in its sole and absolute discretion.

Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use any Premium Services that you have purchased, you have no right or title in or to any such Premium Services or information appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service. Your right to use Premium Services is not transferrable by you and, as with all materials available through the Services may not be resold, repackaged, sublicensed or otherwise made available to third parties.

Fertility4Me reserves the right to discontinue the Services (including Premium Services) or to change the content of the Services (including Premium Services) in any way and at any time, with or without notice to you, without liability, except to the extent it terminates the offering of Premium Services in its entirety.

Payment Terms.

Access to the Service, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable. If Fertility4Me changes the fees for the Service, including by adding additional fees or charges, Fertility4Me will provide you advance notice of those changes. If you do not accept the changes, Fertility4Me may discontinue providing the Service to you. Fertility4Me will charge the payment method you specify at the time of purchase. You authorize Fertility4Me to charge all sums as described in these Terms, for the Service you select, to that payment method. If you pay any fees with a credit card, Fertility4Me may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. The Service may include functionality for activating, updating or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Service, you authorize Fertility4Me to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Service to update or cancel any existing authorized one-time or recurring payment, it may take up to thirty (30) days for the update or cancellation to take effect.

Automatic Renewal/Free Trial Periods. 

Unless specifically noted at the time you purchase a subscription, that subscription will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (“Auto Renew”), and your account will be billed the price you agreed to when subscribing during the 24-hour period prior to the expiration of your then current period, unless you turn off the auto-renewal at least 24-hours prior to the end of the current period. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please email us at info@fertility4me.com. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We will use commercially reasonable efforts to remind you of the expiration of any free trial period (following which you would become a paid subscriber), but it is your responsibility to track when subscriptions commence and renew.

By subscribing, you authorize the Fertility4Me to charge your account at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Upon the renewal of your subscription, if you do not make the required payment, you agree that Fertility4Me may either terminate or suspend your subscription and continue to attempt to charge your account until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. In the event that you purchase Premium Services prior to the end of any free trial or promotional period, you will forfeit the remainder of the free trial or promotional period.

Medical Emergencies.

If you think you may have a medical emergency, call 911 or your healthcare provider immediately.

Your Privacy.

We recognize the importance of protecting the privacy of our users, particularly given the nature of that information.

You should be aware that Fertility4Me may collect and collate a variety of information regarding the use of the Services by you and may cause the Service to communicate to Fertility for Me information about its operations even if you are not connected to the internet or a mobile service. Fertility4Me is the sole owner of all such information it collects. Collection and management of such information is governed by our Privacy Policy which is hereby made part of this agreement. Fertility4Me uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded through the Services or collected by Fertility4Me in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party "hackers" from illegally accessing our site and obtaining access to content or information thereon.

You should also be aware that we may from time to time disclose or transfer some of the information that you provide through your use of the Services as more fully described in our Privacy Policy. Please review our Privacy Policy for details; by agreeing to these Terms you are also agreeing to our Privacy Policy as if all of such policy were repeated here. If you do not want us to use your data as described in our Privacy Policy, please do NOT use the Services.

The Privacy of Others.

You may learn private information about other users through the Fertility4Me Website, whether in one of our forums or otherwise. In addition, you may meet other users and choose to share information directly. You agree not to disclose information of other users that you may obtain through your use of the Services or otherwise to third parties or use such information for any purpose (including especially marketing purposes) without the other user’s consent. You agree to use another user’s information only in connection with the Services. Notwithstanding the foregoing, as described above, we may make some or all of the content of our blogs, message boards, online forums available to users and non-users on the internet.

Intellectual Property.

All content, design, graphics, compilation, magnetic translation, digital conversion and other matters making up the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Fertility4Me or one of its affiliates. Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Services unless we expressly permit you to in these Terms.

Comments, Feedback, Suggestions, Ideas, Forum Posts, And Other Submissions.

The Services may invite you to chat or participate in blogs, message boards, online/mobile forums and other functionality that will be viewed by other users and/or the general public. Any material you transmit to Fertility4Me or otherwise through the Services will be treated as non-confidential and non-proprietary. You hereby agree that Fertility for Me shall own all copyrights to any comments, feedback, suggestions, ideas, forum posts and other submissions disclosed, submitted, or offered to Fertility4Me in connection with the use of the Services or otherwise and any chat, blog, message board, online/mobile forum, text, email or other communication with Fertility4Me. You agree that unless otherwise prohibited by law, Fertility4Me may use, sell, exploit and disclose such materials in any manner, without restriction and without compensation to you. For example, we may use such materials in a number of different ways, including displaying it on the internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own Websites and media platforms. More specifically, you should be aware that in the interest of promoting Fertility4Me and/or the advancement of knowledge about fertility and related concepts, we will make all content on our forums searchable on the internet and available both to other users and to the public at large. You should be very careful, therefore, what, if any, personal details you disclose through the Service.

Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Fertility4Me an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

Indemnity. You are responsible for your use of the Service, and you will defend and indemnify Fertility4Me and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Prohibited Content. Usage Rules.

You agree that your use of and conduct on the Services (including any forum, message board, chat or other communication feature), shall be lawful and will not:

  • include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

  • include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;

  • defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;

  • promote violence, illegal drug use, or substance abuse or describe how to perform a violent act, use illegal drugs or abuse other substances;

  • violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;

  • be in violation of these Terms, any local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services;

  • reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;

  • attempt to impersonate any other party;

  • create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;

  • trick, defraud or mislead Fertility4Me or other users, especially in any attempt to learn sensitive account information such as passwords;

  • make improper use of Fertility4Me's support services or submit false reports of abuse or misconduct;

  • engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, Website, pyramid scheme or other multi-tiered marketing scheme, without the prior written consent of Fertility for Me;

  • create or transmit unwanted electronic communications such as "spam," to other users or members of Services or otherwise interfere with other users' or members' enjoyment of the Services;

  • disparage, tarnish, or otherwise harm, in Fertility for Me’s opinion, Fertility4Me and/or the Service;

  • disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms ("PCMs"), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices;

  • copy or adapt the Services' software including but not limited to Flash, PHP, HTML, JavaScript or other code;

  • reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services;

  • except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Services, or use or launch any unauthorized script or other software;

  • cover or obscure any notice, banner, advertisement or other branding on the Services;

  • interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Services; or

  • otherwise violate any rule or policy of one of the Forums on which you may participate.

  • as a Consumer, share your access to the Service, data from the Service, screenshots from the Service, or any other information downloaded or collected from the Service with any persons outside the one other member of your immediate family who is included in your license; or

  • as a doctor, medical clinic, or other party, use any information from the Service for marketing or other purposes.

 

We do NOT Make Warranties Regarding the Services.

 

Other than as expressly set out in this agreement, neither Fertility4Me nor any of our affiliates make any promises about the Services. We disclaim all warranties express or implied and all services are provided “as-is”. Fertility4Me makes no commitments about the reliability, availability, or security of the Services or their ability to predict your cycles and related transmission of sensitive data other than that it will use commercially reasonable efforts to protect your information as described in our Privacy Policy. 

THE SERVICES AND THE WEBSITE IS PROVIDED BY FERTILITY FOR ME ON AN “AS IS” BASIS. FERTILITY4ME AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FERTILITY FOR ME APP, THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE FERTILITY4ME WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FERTILITY4ME AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FERTILITY4ME AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON THE FERTILITY4ME WEBSITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. 

POTENTIAL UNAVAILABILITY. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. FERTILITY FOR ME SHALL NOT BE LIABLE FOR ANY FAILURE THE WEBSITE OR THE SERVICES. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND FERTILITY FOR ME’S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). YOU AGREE THAT FERTILITY FOR ME SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES.

 

Fertility4Me is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with usage of the Website and/or in connection with the Services. Under no circumstances will Fertility4Me be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone's use of the Website, the Services, any content or third party applications, software or content posted on or through the Website or the Services or transmitted to users, or any interactions between users of the Services, whether online or offline. 

Fertility4Me does not control or endorse the content, messages or information provided by users of the Services, including in any chat or forum features, or external sites that may be linked to or from a Fertility for Me product or its forum and, therefore, Fertility4Me specifically disclaims any responsibility with regard thereto.

The Services may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

Limitation of Our Liability.

Your use of the Services and the content of the Services is at your own risk. Fertility4Me and its partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on the Website. In particular, but without limitation, you are agreeing that Fertility4Me is not liable under any theory of law for any compensatory, indirect, special, incidental, punitive or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, failure to predict your cycles, any information or advice found on our site or any aspect of your relationship with a spouse, partner, or other third party, whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Our Services would not be provided without these limitations and if you do not agree to these limitations, please do not use the Services. No advice or information you obtain from us through the Services or in support of the Services shall create any warranty, representation or guarantee not expressly stated in these Terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so certain of the above limitations and exclusions may not apply to you. In the event, that notwithstanding the foregoing, Fertility4Me is found to have a liability to you, you agree that its aggregate liability for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Fertility4Me, with respect to use of the Website and/or the Services, or One Hundred dollars, if greater. In addition, you specifically agree and acknowledge that Fertility4Me is not liable for the content submitted by any other user, or any defamatory, offensive or illegal conduct of a third party. 

Protection of Your Account Information.

Each user of the Services is responsible for taking all reasonable steps to ensure that no unauthorized person has access to his or her passwords or accounts. 

Disputes.

If a dispute arises between you and Fertility4Me, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact us to resolve your problem directly with us. You may contact us regarding any complaints or disputes at the Contact Us portion of the Website.

Arbitration Provision.

This section affects your rights, please read carefully before agreeing to these terms by using our service or website.

Except as explicitly provided in these Terms, you hereby waive any right to a trial in any court in front of a jury or judge and any right to bring or participate in any “class action” suits. You agree that any dispute or claim relating in any way to your use of the Services, a product offered or provided by or through the Services, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and Fertility4Me shall be resolved by non-appearance based binding arbitration. Except as otherwise provided in these Terms, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory.

You understand that absent this provision, you would have the right to sue in court and have a jury trial.

The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award an individual the same damages and relief as a court and must apply and follow these Terms as a court would. 

Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the “AAA”) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”). The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Fertility4Me will pay all arbitration fees and expenses. You and Fertility for Me each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. 

The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms. We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Fertility4Me or our partners pending the completion of the arbitration.

Jurisdiction and Complete Agreement.

These Terms are governed by the laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Indemnification.

You agree to indemnify and hold Fertility4Me (and any employee, officer, director or affiliate of Fertility4Me, each a "Company Person") harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, the violation of these Terms by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any content posted through the Services by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Fertility4Me or any Company Person. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.

Term and Termination.

Unless terminated by Fertility for Me, these Terms will remain in full force and effect while you use any of the Services. Subject to the last sentence of this Section, you may terminate the agreement reflected in these Terms at any time by deleting all Fertility for Me content from your computer and from any mobile device on which you have installed any element of the Services and ceasing to use the Services. Fertility for Me may terminate these Terms with respect to you at any time, particularly if you violate any provision of these Terms. Any termination of these Terms shall also terminate the licenses granted hereunder. Upon termination of these Terms for any reason, you shall destroy and remove from all computers, and other storage media all copies of the any intellectual property owned by Fertility for Me. Fertility for Me shall have the right to inspect and audit your facilities to confirm the foregoing. If you or Fertility for Me terminate the agreement reflected in these Terms, or if Fertility for Me suspends your access to the Services, you agree that Fertility for Me shall have no liability or responsibility to you and Fertility for Me will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Your representations, the Indemnity section, the Dispute Resolution section, the Liability Limitation section and any other provision which by their nature are designed to survive termination shall survive any termination or expiration of these Terms. 

Miscellaneous.

Fertility for Me operates and controls the Services from its offices in the United States. Fertility for Me makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Fertility for Me to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Fertility for Me Service-related materials obtained from the Services, Fertility for Me or any other Website or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Fertility for Me if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. You may not assign these Terms without our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Fertility for Me's request, you will furnish Fertility for Me any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Fertility for Me by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Complaints or Notices.

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on the Website or through the Services in a way that may constitute copyright infringement, you may provide notice of your claim to the Company as outlined in the Company’s Copyright Policy. If You believe that any material on the Website or through the Services violates these Terms, please notify the Company as soon as possible by sending an email to fertility4me@gmail.com, or by mailing a letter to: Fertility for Me, 241 West 36thStreet, 6R, New York, NY 10018.

Include the following:

  • Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

  •  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

  • a description of the copyright-protected work or other intellectual property right that you claim has been infringed;

  • a description of the material that you claim is infringing and where it is located on the Service;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and

  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Repeat Infringers. Fertility for Me will promptly terminate without notice the accounts of users that are determined by Fertility for Me to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.

Statute of Limitations.

You and Fertility for Me both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

No Third Party Beneficiaries.

These Terms are between you and Fertility for Me. No user has any rights to force Fertility for Me to enforce any rights it may have against any you or any other user.

Contact Information.

If you have questions or concerns, you should contact us at fertility4me@gmail.com.