FERTILITY PLANIT

Effective as of November 20, 2015

 

TERMS OF USE

 

These Terms of Use (“TOU”) derives from the Fertility Planit Community Guidelines and governs our relationship with users and others who interact with Fertility Planit (“Fertility Planit”, “we” or “us”). By using or accessing the Fertility Planit website at http://www.fertilityplanit.com or other sites owned by Fertility Planit (the “Website”), you agree to the following terms.

  1. Privacy

Your privacy is very important to us. We have designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on the Website. We encourage you to read the Privacy Policy and to use the information it contains to help make informed decisions.

  1. Sharing Your Content and Information

You can control how you share the content you post through your browser’s privacy settings, as well as with the privacy and application settings on the Website. In order for us to use certain types of content and to provide you with the Fertility Planit service, you agree to the following:

  1. For content that is covered by intellectual property rights, like text, photos and videos (“IP content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, copy, publicly perform or display, distribute, translate, and create derivative works of any IP content that you post on the Website or otherwise in connection with Fertility Planit (“IP License”).
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. You understand that removed content may persist in backup copies for a reasonable period of time. The IP License granted by you continues for so long as the content you have provided remains available to Fertility Planit or third parties online or in backup files.
  3. We always appreciate your feedback or other suggestions about Fertility Planit, but you understand that we may use any feedback or comments you offer to us without any obligation to compensate you for them (just as you have no obligation to offer them).
  4. Third Party Content, Sites and Services
  5. The Fertility Planit Website and content available through the Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Fertility Planit, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
  6. Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
  7. You agree that Fertility Planit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Fertility Planit is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Fertility Planit, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature (including attorney’s fees), known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

  1. Interactive Features

Certain portions of the Fertility Planit Website contain features where users can interact with the Website, such as video webinars and group discussions (“Interactive Feature(s)”). When you register for one of these Interactive Features, you are given the option whether or not to allow Fertility Planit to share your contact information, including your user name and email address, with speakers and sponsors related to that Interactive Feature. You may opt out of having your information shared in this way by not checking the box to allow for such sharing when you register for the Interactive Feature.

As with all content on the Fertility Planit Website, information and other content contained in Interactive Features is for educational purposes only and is not meant to substitute for the advice of a doctor or other medical professional. If you have a health concern of any kind, consult with your health care professional.

By using the Interactive Features, you acknowledge that your use of any information contained in Interactive Features is at your own risk and your own discretion. Fertility Planit makes no representations, warranties or guarantees in connection with the information contained in the Interactive Features relating to the quality, suitability, truth, accuracy or completeness of any information or material presented. All viewpoints and opinions stated by speakers in Interactive Features are solely those of the speaker and in no way reflect the opinions or policies of Fertility Planit, and mention of any product or service in the Interactive Features does not constitute an endorsement by Fertility Planit.

You further agree to indemnify and hold harmless Fertility Planit and its speakers, sponsors, partners and affiliates, from and against any and all claims arising from or related to your use of the Interactive Features or other information contained on the Fertility Planit website.

  1. Notification of Claims of Infringement

If you believe that your work has been copied in any way on the Fertility Planit website that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated by content available on the Website, please notify Fertility Planit’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at legal@fertilityplanit.com.

When submitting your notification, please provide our agent with the following:

  1. A statement by you identifying the material on the Fertility Planit Website that you claim is infringing with enough detail so that we may locate it on the website. If multiple copyrighted works are covered by a single notification, a representative list of such works;
  2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  3. A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. Your name, address, telephone number, and email address; and
  5. Your physical or electronic signature.

Please note that you may be liable for damages (including costs and attorney’s fees) if you materially misrepresent that an activity is or is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking the advice of an attorney.

  1. Safety

We do our best to keep Fertility Planit safe, but we cannot guarantee it. We need your help in order to do that, including the following commitments:

  1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).
  2. You will not collect users’ information or otherwise access the Website using automated means (such as harvesting bots, robots, spiders, or scrapers) without prior express written permission from Fertility Planit.
  3. You will not upload viruses or other malicious code.
  4. You will not solicit login information or access an account belonging to someone else.
  5. You will not bully, intimidate or harass any user.
  6. You will not post content that is hateful, threatening, pornographic, or contains nudity or graphic or gratuitous violence.
  7. You will not use Fertility Planit to do anything unlawful, misleading, malicious, or discriminatory.
  8. You will not facilitate or encourage any violations of these TOU.

Please see our complete Safety Guidelines.

  1. Emergency

This website was not designed to deal with medical emergencies. If you are in the USA, and suspect that you or a companion or relative has a medical emergency, please CALL 911, an equivalent emergency number in your country, or your doctor immediately.

  1. Fertility Planit Does Not Provide Medical Advice

Content available on the Website such as text, graphics, images, information obtained from Fertility Planit licensors, and other material (the “FP Content”) are for informational purposes only. The FP Content is not intended to provide, or to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Fertility Planit.

If you think you may have a medical emergency, call your doctor or 911 (in USA) or the equivalent emergency phone number in your country immediately. Fertility Planit does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by Fertility Planit, its employees, others appearing on the Website at the invitation of the Website, or other visitors to the Website is solely at your own risk.

The Site may contain materials with medical or health information that are sexually explicit. If you find these kinds of materials offensive, you may not want to use our Website.

  1. Registration and Account Security

Fertility Planit users provide their real names and information when they register, and we need your help to keep things working that way. A user name for use on the site that is different from your real name is selected by you at the time of registration; we recommend that you do not use your real name as your user name. The real name will be kept private from site users, unless this feature is selected by the user as “public” in the settings.

Here are some commitments you make to us relating to registering and maintaining the security of your user account:

  1. You will not provide any false personal information on Fertility Planit or create an account for anyone other than yourself without their permission.
  2. You will not use Fertility Planit if you are under 13.
  3. You will not use Fertility Planit if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
  4. You will keep your contact information accurate and up-to-date.
  5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  6. You will not transfer your account to anyone without first getting Fertility Planit’s written permission.
  7. Protecting Other People’s Rights

We respect the rights of others, and expect you to do the same.  You agree as follows:

  1. You will not post content or take any action on the Website that infringes someone else’s rights or otherwise violates the law.
  2. We can remove any content you post on the Website if we believe that it violates these TOU for any reason.
  3. We will provide you with tools to help you protect your intellectual property rights. To learn more, see Section 5 of this document, entitled “Notification of Claims of Infringement.”
  4. If we remove your content for potentially infringing on someone else’s copyright, and you believe we removed it by mistake, we will provide you with procedures to appeal.
  5. If you repeatedly infringe others’ intellectual property or other proprietary rights, we may disable your account when appropriate, at our discretion.
  6. You will not use our copyrights or trademarks (including, but not limited to, FERTILITY PLANIT® and variants thereof, as well as the Fertility Planit logos) without our written permission.
  7. You will not collect information from users in connection with the Fertility Planit Website unless you obtain their consent, make it clear you (and not Fertility Planit) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  8. You will not post anyone’s identification documents or sensitive financial information on the Website.
  9. Mobile

In the future we intend to provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.

In the event you change or deactivate your mobile telephone number, you will need to update your account information on Fertility Planit within 48 hours to avoid having your messages sent to the person who acquires your old number.

  1. Limitations on Service

You acknowledge that Fertility Planit may establish limits concerning use of the Service, including the maximum number of days that your IP Content will be retained by us, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by us, and the frequency with which you may access the Website. You agree that Fertility Planit has no responsibility or liability for the deletion or failure to store any content, data or other information that you submit to the Website. You acknowledge that Fertility Planit reserves the right at any time to modify or discontinue Website (or any part thereof) with or without notice, and that Fertility Planit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

  1. Payment Terms

If you make direct payments, to Fertility Planit you agree to our Payment Terms.

  1. Special Provisions Applicable to Share Links

If you include our future Share Link button on your website, the following additional terms apply to you:

  1. We give you permission to use Fertility Planit’s Share Link button so that users can post links or content from your website on Fertility Planit. This permission is freely revocable by Fertility Planit for any reason, including use of the Share Link button in a way that violates these TOU.
  2. You give us permission to use such links and content on the Website or otherwise in connection with Fertility Planit.
  3. You will not place a Share Link button on any page containing content that would violate these TOU if posted on Fertility Planit.
  4. About Advertisements on Fertility Planit

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

  1. In posting any content, you should be aware that advertisers may use search technologies to scan your postings for identifying content of interest to them.
  2. You understand that we may not always identify or have the capacity to identify paid services and communications as such.
  3. Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on the Website. The following additional terms apply to you if you place an order through our online advertising portal (“Order”):

If you are placing ads on someone else’s behalf, we need to make sure you have permission to place those ads, including the following:

  1. When you place an Order, you will tell us the amount you want to spend, which is your “Daily Spending Limit,” and your bid for each Cost Per Click (CPC). If we accept your Order, we will deliver your ads as inventory becomes available.
  2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
  3. Your ads must comply with our Advertising Guidelines.
  4. We will determine the size, placement, and positioning of your ads.
  5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
  6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
  7. You will not offer any contest or sweepstakes (“promotion”) without our prior written consent. If we consent, you take full responsibility for the promotion and will follow all applicable laws.
  8. You can cancel your Order at any time through our online portal, but it may take us seven (7) days before the ad stops running on the Website.
  9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it, and may remain in ours or others’ backup files.
  10. We can use your ads and related information for marketing or promotional purposes at any time.
  11. You will not issue any press release or make public statements about your relationship with Fertility Planit without written permission from Fertility Planit.
  12. We may reject or remove any ad for any reason.
  13. You warrant that you have the legal authority to bind the advertiser to these TOU.
  14. You agree that if the advertiser you represent violates these TOU, we may hold you responsible for that violation.
  15. Amendments

Fertility Planit may make changes to these TOU with or without notice to you other than posting an updated version of these TOU on the Website with an updated effective date.  We will endeavor to provide notice of material changes to these TOU (as long as you have not opted out of communications from Fertility Planit), but any failure to do so shall not constitute any breach of these TOU.

  1. Termination

If you violate the letter or spirit of these TOU, we reserve the right to stop providing all or part of Fertility Planit Website to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account at any time.

  1. Severability

If any provision of the TOU is found by a court of competent jurisdiction to be invalid or unenforceable, you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising by you out of or related to use of the Website or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  1. Violation of Terms and Liquidated Damages

Please report any violations of the TOU, by flagging the posting(s) for review or by emailing Fertility Planit at:

complain@fertilityplanit.com.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Fertility Planit to pursue legal action to enforce these TOU, you will be liable to pay Fertility Planit’s actual damages. Notwithstanding any other provision of these TOU, Fertility Planit retains the right to seek the remedy of specific performance of any term contained in these TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these TOU, or any combination thereof.

  1. Dispute Resolution

If you are using the Site in the United States, Sections 21.a, 21.b, 21.c, 21.d, 21.e, 21.f, and 21.g apply as follows:

 

  1. Negotiation. Before initiating any arbitration or legal proceeding, you and Fertility Planit agree to first attempt to negotiate any dispute or controversy related to these TOU (“Dispute”) informally for at least thirty (30) days. Negotiations will begin upon written notice from one party to the other. Fertility Planit will send its notice to your billing or other physical address (if on file with Fertility Planit) and email you a copy to the email address you have provided. You will send your notice to Fertility Planit at 158 Blackfield Drive, Tiburon, CA 94920.

 

  1. Binding Arbitration. If the parties fail to resolve a Dispute through negotiations within the above thirty (30) day period, you and Fertility Planit agree that, except as provided in Section 21.e below, all Disputes will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these TOU. In the event of a conflict between the terms set forth in this Section 21 and the JAMS Rules, the terms in this Section 21 will control and prevail. You may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Fertility Planit will have the opportunity for discovery of non-privileged information that is relevant to the Dispute. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Dispute, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. Except as otherwise provided in these TOU, (i) you and Fertility Planit may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND FERTILITY PLANIT ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

 

  1. Arbitration Fees. All fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

 

  1. Location. The arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone and/or Internet connection appearances.

 

  1. Limitations. You and FERTILITY PLANIT agree that any arbitration will be limited to the Dispute between FERTILITY PLANIT and you individually. YOU AND FERTILITY PLANIT AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.

 

  1. Remedies. You acknowledge and agree that your sole remedy under these TOU shall be an action at law to recover monetary damages, if any. In no event will you have a right to injunctive or other equitable relief hereunder.

 

  1. Severability. You and Fertility Planit agree that if any portion of this Section 21 is found illegal or unenforceable (except any portion of Section 21.e above), that portion will be severed and the remainder of this section will be given full force and effect. If Section 12.e above is found to be illegal or unenforceable then neither you nor Fertility Planit will elect to arbitrate any Dispute falling within that portion of Section 21.e above found to be illegal or unenforceable and such Dispute will be exclusively decided by a court of competent jurisdiction within San Francisco, State of California, United States of America, and you and Fertility Planit agree to submit to the personal jurisdiction of that court.
  2. Limitation of Liability. WE TRY TO KEEP THE WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE WEBSITE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FERTILITY PLANIT WILL BE SAFE OR SECURE. FERTILITY PLANIT IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FERTILITY PLANIT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FERTILITY PLANIT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FERTIILITY PLANIT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  3. Other
  4. These TOU, along with the Fertility Planit Privacy Policy, makes up the entire agreement between the parties regarding the Website, and supersedes any prior agreements.
  5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
  6. You will not transfer any of your rights or obligations under these TOU to anyone else without our consent.
  7. All of our rights and obligations under these TOU are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  8. Nothing in this Agreement shall prevent us from complying with the law.
  9. This Statement does not confer any third party beneficiary rights.

You agree that you have also reviewed and agreed to the following documents:

Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information.

Payment Terms: These additional terms apply to all payments made on or through Fertility Planit.

Advertising Guidelines (where applicable): these guidelines outline the policies that apply to advertisements placed on Fertility Planit.

 

General questions about Fertility Planit?

Email: info@fertilityplanit.com