These Terms of Service ("Agreement") describes the terms and conditions on which Pregnancy.org provides the information, features and services available on or through the Pregnancy.org website (collectively, the "Service" or the "Services") to you, the users of the Service ("you" or "User").
Pregnancy.org and its servers are located in the United States and are subject to the applicable state and federal laws of the United States. All information shared with or collected by or in connection with the Website will be stored in the United States and may be accessed by law enforcement authorities in the United States and/or as may be required by law.
You should read this Agreement carefully, because by indicating acceptance of this Agreement or by otherwise using the Services or this Website, you are entering into a legally binding agreement with pregnancy.org. If you do not agree to these terms and conditions, do not further access or use the Services or this Website.
In order to participate in many of the features available on the Service, such as leaving comments or submitting content, you must create an account and register with us. If you register as a User or otherwise use the Services, you represent and warrant to Pregnancy.org that: (i) you are of legal age to form a binding contract; (ii) you will provide Pregnancy.org with accurate, current and complete registration information; and (iii) your registration and your use of the Services is not prohibited by law. You are responsible for your own registration and all use of the Services under it. Sharing passwords with any other person is not permitted.
2. The Services Provide General Information Only and Not Medical Advice
The information (including without limitation advice and recommendations) and services available through the Services are intended solely as a general educational aid. The Services do not constitute medical or health care advice for any individual problem, nor are they a substitute for medical or other professional advice and services from a qualified health care provider familiar with your unique facts. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition and prior to starting any new treatment. Nothing contained in this site is intended to be used for medical diagnosis or treatment. The information and services are provided with the understanding that neither Pregnancy.org nor its suppliers or Users are engaged in rendering legal, medical, counseling or other professional services or advice. Pregnancy.org and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on this site.
The PREGNANCY.ORG website is created primarily for the United States. Please always check with your healthcare provider or equivalent before making any major decisions. Our information is for use as a guide, and may not be used to replace or substitute for medical advice in any way.
3. Proprietary Materials and Ownership.
The Services and the PREGNANCY.ORG website and online application are the property of Pregnancy.org. Without limitation of the foregoing, all the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than User Content as defined below (collectively, the "Site Content"), and all software embodied in the PREGNANCY.ORG website or mobile application or otherwise used by Pregnancy.org to deliver the Services ("Software") is proprietary to us or to third parties and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content (collectively, the "Pregnancy.org Property") is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
The marks PREGNANCY.ORG, the PREGNANCY.ORG logo, BBT CHARTING TOOL, and PREGNANCY CALENDAR are registered or unregistered trademarks of Pregnancy.org, and they may not be used in connection with any service or products other than those provided by Pregnancy.org, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Pregnancy.org. The Services may also feature the trademarks, service marks, and logos of Pregnancy.org or third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.
4. License to Use the Services.
Pregnancy.org authorizes you to access, view and use the Services and Pregnancy.org Property to the extent necessary for your personal, non-commercial use of the Services, subject to the payment of any applicable fees. Suppliers and Users are strictly prohibited from rendering legal, medical, counseling or other professional services or advice based on the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Pregnancy.org Property. Changing, copying, redistributing, republishing, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Pregnancy.org Property, or any portion of the Pregnancy.org Property, is strictly prohibited without the prior written permission of Pregnancy.org, unless this Agreement otherwise expressly allows you to do so.
You warrant and agree that your use of the Services will be consistent with this Agreement and will not infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. You will comply with all applicable laws, regulations and ordinances relating to the Services, the Pregnancy.org Property or your use of them, and in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
You are responsible for obtaining and maintaining the computer and other equipment you use to access the Services, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Services.
5. User Content
In connection with using the Services, you may upload, post, or submit to Pregnancy.org, or distribute using Pregnancy.org, photographs, text, graphics, video, audio, and other materials and information (collectively, "User Content"). The User Content remains your property, and Pregnancy.org does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that:
(a) you are publishing and making your User Content publicly available for viewing by third parties on a non-confidential basis, that your User Content may be associated with your PREGNANCY.ORG website username, and that accordingly your User Content will be attributable to you, that third parties will gain access to your User Content through the Services, and Pregnancy.org shall in no event be liable to you for any use or misuse of your User Content by any third party;
(b) you grant Pregnancy.org a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense through multiple tiers, to copy, edit, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise use the User Content in connection with operation of the Services, promotion of the Services, and any other purposes reasonably related to using the Services and participation in promotions and advertising of Pregnancy.org and its partners. However, we will always pursue a republication document if we choose to use your material.
(c) you represent and warrant that you own all proprietary rights in your User Content or, with respect to any User Content you do not own, you have the full authority and right to post the User Content and to grant the licenses granted hereunder, and that your posting of the User Content, and the exercise by Pregnancy.org and Users of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous, vulgar, profane or obscene, nor violate any law or other right, privilege or interest of any third party;
(d) if any royalties are payable to any third party for use of User Content posted by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties.
Pregnancy.org merely distributes User Content and does not control it. Any opinions, advice, statements, services, offers or other content included within User Content are those of the respective authors or distributors, and not Pregnancy.org, and Pregnancy.org is not responsible for the accuracy or reliability of User Content. Pregnancy.org is under no obligation to edit or control User Content that you and other users post or distribute, and will not be in any way responsible or liable for User Content. Pregnancy.org does not vet or control the Users or other individuals that use the Services. You access and use User Content at your own risk, and Pregnancy.org shall not be liable for any loss or damage that any person may suffer as a result of using the Service or using or relying on the User Content. Users should exercise caution in interacting with unknown persons that they meet using the Services in the same way that they would exercise caution in the physical world.
6. Services Restrictions.
6.1 You shall comply with all rules for the use of the Services set out in our Community Guidelines, available at http://www.pregnancy.org/article/community-guidelines. Without limitation of the Community Guidelines, you shall not:
(a) Use, upload, post, distribute or transmit, any User Content in violation of, or in connection with any violation of, any local, state, national or international laws;
(b) Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
(c) Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
(d) Post any User Content more than once or "spam";
(e) Post any User Content that contains an endorsement, advertising or promotional material or constitutes commercial activity of any sort; or
(f) Engage in any other conduct that interferes with the Services or that restricts or inhibits any other person from using or enjoying any User Content, or the Services, or which, in Pregnancy.org's sole judgment , exposes Pregnancy.org or any of their officers, directors, employees or agents to any liability or detriment of any type.
6.2 You shall not submit, post, upload to, distribute through or otherwise use in connection with the Services any User Content that:
(a) Is libelous, vulgar, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;
(b) Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
(c) Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
(d) Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material's readers or others;
(e) Promotes any goods or services of any competitors to Pregnancy.org, or encourages any other users of the Service to become users or Users of any such competitors; or
(f) Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
6.3 Pregnancy.org reserves the right (but is not obligated) to do any or all of the following:
(a) record User Content;
(b) Investigate any allegation that User Content or User registration information does not conform to the terms and conditions of this Agreement;
(c) remove User Content or User registration information that is abusive, illegal or disruptive, or that otherwise fails to conform to the terms and conditions of this Agreement;
(e) edit or delete any User Content or User registration information, regardless of whether such content violates any terms and conditions of this Agreement.
Pregnancy.org has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
Use of the Services is not directed to users under the age of 13. If you are under the age of 13, you are not permitted to register as a User or to send personal information to Pregnancy.org.
8. Third Party Websites.
The PREGNANCY.ORG website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Pregnancy.org. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
9. Affiliate Marketing Commissions
The Services may, from time to time, discuss products of third parties. In some circumstances Pregnancy.org will publish a link to a vendor, such as Amazon.com, from whom the products can be purchased. Pregnancy.org may receive a commission if you purchase products by using hyperlinks featured on the Service.
10. Ideas Submitted to Pregnancy.org.
Pregnancy.org is pleased to hear from you and welcomes your comments about the Services. In the event that you submit ideas or suggestions for the Services ("Services Comments"), the Services Comments will be deemed, and will remain, the sole property of Pregnancy.org. None of the Services Comments will be subject to any obligation of confidence on the part of Pregnancy.org, and Pregnancy.org will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, Pregnancy.org will be entitled to unrestricted use of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
11. Warranty Exclusions and Limitations of Liability.
Pregnancy.org may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to the Services. PREGNANCY.ORG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (i) THAT THE SERVICES AND PREGNANCY.ORG PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AND (iii) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE COMPANY PROPERTY. No advice or information, whether oral or written, obtained by you from Pregnancy.org or through the Services will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM PREGNANCY.ORG ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR THE PREGNANCY.ORG PROPERTY, EVEN IF PREGNANCY.ORG HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
PREGNANCY.ORG'S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE SERVICES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE A REFUND OF THE AMOUNT PAID BY YOU FOR THE RELEVANT SERVICES. IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF PREGNANCY.ORG FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE PREGNANCY.ORG PROPERTY SHALL BE THE AMOUNT OF $10, WHETHER THE CLAIM AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
12. Indemnity; Liquidated Damages
User shall defend, indemnify and hold harmless Pregnancy.org against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees arising in connection with User's use of the Services or User's breach of any provision of this Agreement. Pregnancy.org reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with Pregnancy.org with respect to such defense and settlement.
Without limitation of any other rights or remedies of Pregnancy.org under this Agreement, if you breach this Agreement by conducting any marketing on the Services, including without limitation by including endorsements or advertising in any User Content, Pregnancy.org reserves the right to collect from you, as liquidated damages and not as a penalty, a "Prohibited Advertising Charge" of $5,000 for each violation. You acknowledge that the Prohibited Advertising Charge is a reasonable pre-estimate of Pregnancy.org's losses that has been fixed in advance due to the difficulty of calculating the actual losses to Pregnancy.org and damage to its reputation in the event of prohibited marketing in User Content. You will pay any Prohibited Advertising Charges promptly after the receipt of an invoice from Pregnancy.org.
14. Digital Millennium Copyright Act.
Pregnancy.org complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Services you may contact our Designated Agent at the following address:
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Services;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) 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.
If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
(g) a physical or electronic signature of the subscriber;
(h) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(i) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(j) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Pregnancy.org may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
15. Applicable Law and Jurisdiction; Compliance.
You and Pregnancy.org agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of the State of Georgia, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Atlanta, Georgia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you gain access to the Services from locations other than Georgia, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
16. Suspension; Modifications and Termination
17. Force Majeure
In no event shall Pregnancy.org be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Pregnancy.org's reasonable control.
18. Third Party Beneficiaries
The provisions of Sections 2, 3, 5, 6, 10, 11, 12 and this Section 18 of this Agreement are entered into for the benefit of Pregnancy.org, its third party licensors, and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third party beneficiaries to this Agreement.
19. Miscellaneous Provisions.
No delay or omission by Pregnancy.org in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Pregnancy.org of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" and the term "partner" is used solely to denote another entity with which Pregnancy.org has a sponsorship or similar contractual arrangement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Pregnancy.org regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. Your registration, this Agreement and your rights and obligations hereunder are not assignable or transferable by you to any third party without the prior written consent of Pregnancy.org. We may assign this Agreement to any purchaser of the Pregnancy.org business. This Agreement may be executed electronically, and your electronic assent or use of the Services shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.