Preconceive Terms and Conditions of Service
Effective May 20, 2015
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
THE PRECONCEIVE WEBSITE PROVIDES GENERAL HEALTH AND WELLNESS INFORMATION. THE PRECONCEIVE SERVICES DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PRACTITIONER OR SERVICE, AND PRECONCEIVE, ITSELF OR THROUGHT ITS SERVICES, DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATMENT.
The Preconceive, Inc. ("Preconceive") website allows users to obtain educational materials pertaining to health and wellness, receive information about Preconceive (including e-mail newsletters and updates), interact with subscribers, licensees, and other members or visitors to the Preconceive website, and book, cancel and pay for services offered by Preconceive. The services ("Preconceive Services") offered by Preconceive include, but are not limited to those detailed on www.pre-conceive.com (the “Website”), which is hosted in the United States.
These terms and conditions ("Terms of Service") set forth the legally binding terms for your use of the Preconceive Services. By using the Preconceive Services, you agree to be bound by these Terms of Service, whether you are a "Visitor" (which means that you simply browse the Preconceive website) or you are a "Member" (which means that you have registered with Preconceive and/or purchased one or more Preconceive Services). The term "User" refers to a Visitor or a Member. You are only authorized to use the Preconceive Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Preconceive Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
The Preconceive Services include, but are not limited to, educational materials, newsletters, and information provided on or by the Website (collectively the “Answers”), educational classes, seminars, and group sessions (collectively the “Education Classes”), electronic (web-based or mobile), video, or audio educational communications (the “1-on-1’s”), and connecting the network of Members, Visitors, Professionals, Licensees, and Subscribers (the “Community”).
The health care or wellness professionals or specialists utilizing or featured on the Website or involved in the Preconceive Services are independent contractors of Preconceive (the “Professionals”) and not employees of Preconceive. Any opinions, advice, or information expressed by a Professional using or featured on the Website or during a Preconceive Service are of the Professional alone. Preconceive does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Website or by a licensee of Preconceive.
The inclusion of Professionals on the Website or in any Professional directory located on the Website does not imply recommendation or endorsement of such Professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Professional contained therein.
Preconceive shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Member or Visitor) in reliance on information about or from any Professionals on the Website. The use of the Website by any entity or individual to verify the credentials of Professionals is prohibited.
Though Preconceive has thoroughly evaluated and verified each Preconceive Professionals’ credentials, we encourage all Users to do the same independently. When applicable, all Professionals are nationally board certified, state licensed, and independently insured. Any issue, warranty, or claim by a User must directly address the offending Professional.
Although Preconceive may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version, which will always be posted at www.pre-conceive.com/terms. Preconceive may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all Users of the Website. The Website may contain links to third party websites that are not owned or controlled by Preconceive. Preconceive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, including privacy and data gathering practices. In addition, Preconceive will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve and release Preconceive from any and all liability arising from your use of any third party website.
Preconceive makes every effort to ensure that all of the transactions that occur on the Website are secure. All credit card numbers and transactions are submitted using via SquareSpace using Stripe. Preconceive is concerned about safeguarding the confidentiality of your information. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
These Terms of Service shall remain in full force and effect while you use the Preconceive Services. You may terminate your usage at any time, for any reason. Preconceive may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that Preconceive charges fees for its services, and Preconceive reserves the right to change its fees from time to time in its discretion. If Preconceive terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
Reservations, Charges, and Payment Methods
In order to make a reservation for an Education Class, you must select the Education Class you want to buy an individual Education Class online, and make your reservation. Classes must be paid for before any registration is confirmed.
You should be aware that future prices are subject to change. We accept MasterCard, Visa, and American Express. You can reserve Education Classes online, but not later than 1 (one) hour prior to class time. Deadlines apply regardless of available functionality.
Your credit/debit card will be charged for your Education Class order when you submit your reservation. Your credit/debit card will be charged for your 1-on-1 in accordance with length of the 1-on-1.
Preconceive will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, your reservation will not be confirmed. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Preconceive may incur in its efforts to collect any unpaid balances from you.
In order to cancel a reservation in an Education Class or 1-on-1 and return it to your Account, you must un-reserve 72 hours prior to the start of your Education Class or 1-on-1. Once your reservation is cancelled, your credit card will be refunded. If you haven't cancelled your reservation 72 hours prior, your scheduled class will be charged to your credit card.
The physical location of where the Preconceive Education Classes take place (the “Facility”), is owned and operated by an affiliate of Preconceive. Preconceive does no own or operate the Facility and is not liable for the condition, maintenance, or liabilities of the Facility.
Education Class Instructor
The Education Class Instructor is an independent Contractor of Preconceive. As such, the Instructor is not the agent of Preconceive and is not authorized to make any representation, contract, or commitment on behalf of Preconceive. Instructor will choose the manner and means to perform the Education Classes.
Educational Purposes Only
The Education Classes are provided for informational purposes only and will not serve to diagnose or treat any of my medical conditions or symptoms. Your attendance or participation in an Education Class does not create a doctor-patient relationship between you and the Education Class Instructor or between you and Preconceive. As such, neither the Education Class Instructor nor Preconceive will have any responsibility for your current or on-going medical care or treatment.
Education Class Waiver and Release
By signing up for and/or attending Education Classes of Preconceive and utilizing the Facility of Preconceive’s affiliates, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in participating in physical activities during pregnancy. You have read and thoroughly understand the Preconceive Education Class Waiver, Agreement, and Release Form, an electronic copy of which was provided to you upon registering for the Educational Class. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by the Class Instructor. If in the subjective opinion of the Class Instructor, you would be at physical risk participating in Preconceive’s Education Class, you understand and agree that you may be denied access to the Education Class and the Facility.
In consideration of being allowed to participate in the Education Class and access to the Facility, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Education Class and Facility, (2) release, indemnify, and hold harmless Preconceive, its direct and indirect parent, affiliate entities, and each of their respective officers, directors, members, employees, representatives, and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Education Class or use of the Facility, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly participating in any of Preconceive’s Education Classes, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical activity. You acknowledge that if you have any chronic disabilities or conditions, you may be at risk in participating in Preconceive’s Education Classes and should not participate.
General Use of the Website — Permissions and Restrictions
Preconceive hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the website, without Preconceive’s prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies.
You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.Preconceive reserves the right to discontinue any aspect of the Website at any time.
Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Preconceive, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Preconceive reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Preconceive Services, provided by you to Preconceive are non-confidential and shall become the sole property of Preconceive.You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
"Preconceive" "Preconceive, Inc." and the ".preconceive" logo and other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names or trade dress of Preconceive in the U.S. and/or other countries for which applications are pending. Preconceive’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Preconceive.
The Preconceive Services may include certain services that may be available via your mobile phone, including, but not limited to (i) the ability to book and/or purchase Preconceive Services via your mobile phone, (ii) the ability to receive and reply to Preconceive messages, (iii) the ability to browse the Website from your mobile phone and (iv) the ability to access certain Preconceive Services and features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). Preconceive does not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services or providing Preconceive with your mobile device number, you agree that we may communicate with you regarding Preconceive and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
When you visit the Website or communicate with Preconceive via email or mobile messaging (“Texting”) you are communicating electronically. By accessing the Website and partaking in any of Preconceive’s Services you consent to receive communications from Preconceive electronically. Preconceive will communicate with you by email, Texting or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that Preconceive provides electronically satisfy any legal requirement that such communications be in writing. If you provide your mobile number to Preconceive, you understand and agree that standard data and message rates based on your carrier may apply.
Automatically Collected Information
The Website and/or the Mobile Services may collect some anonymous information about Users and Members automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help Preconceive monitor how individuals use the Website and the Mobile Services, which allows Preconceive to provide an optimal experience and better service throughout the Preconceive Services. The information collected automatically does not contain anything that can identify individuals personally, such as an email or home address.
Account Termination Policy
Content and other information contained on the Website is provided by Preconceive as a convenience. Users relying on Content or other information from the Website do so at their own risk.
YOU AGREE THAT YOUR USE OF THE PRECONCEIVE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PRECONCEIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PRECONCEIVE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE PRECONCEIVE SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRECONCEIVE WEBSITE. PRECONCEIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRECONCEIVE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PRECONCEIVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE PRECONCEIVE SERVICES ARE PROVIDED "AS-IS" AND “AS AVAILABLE” AND PRECONCEIVE EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PRECONCEIVE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PRECONCEIVE SERVICES.
Limitation of Liability
IN NO EVENT SHALL PRECONCEIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRECONCEIVE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PRECONCEIVE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Preconceive from its facilities in the United States of America. Preconceive makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Preconceive, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Website or your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13,
as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Preconceive without restriction.
Governing Law; Venue and Jurisdiction
You agree that: (i) the Preconceive website shall be deemed solely based in New York; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Preconceive, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Preconceive that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Preconceive’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Preconceive reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Preconceive website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PRECONCEIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRECONCEIVE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You also agree that monetary damages would be inadequate for such harm and consent to Preconceive obtaining any injunctive or equitable relief that Preconceive deems necessary or appropriate. These remedies are in addition to any other remedies Preconceive may have at law or in equity.
No Agency Relationship
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Preconceive Services, provided by you to Preconceive are non-confidential and shall become the sole property of Preconceive. Preconceive shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Please contact us at: email@example.com with any questions regarding these Terms of Service.