Thank you for visiting the website located at www.fertilemind.app. The Site is an Internet property of FertileMind, LLC. ("FertileMind™," "we" or "us"). You agree to the following FertileMind™ Terms and Conditions (the "Terms and Conditions"), in their entirety, when you: (a) access or use the Site; (b) register as a FertileMind™ member ("Member") at the Site or App, which provides you with access to some or all of the FertileMind's activities, content, products, services, surveys and tests (collectively, the "FertileMind™ Services), as well as various interactive features and services (collectively, the "Interactive Services" and together with the FertileMind™ Services, the "Services"); and/or (c) register for one of our sweepstakes, promotional offers or contests, as offered from time to time (the "Promotions"). IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, OR IF YOU ARE AN EDUCATOR (AS DEFINED BELOW) WHO IS ACTING AS THE AGENT OF A PARENT OR LEGAL GUARDIAN, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RESPECT OF SUCH CHILD'S USE OF THE WEBSITE.
The Content appearing on the Site is provided for informational purposes only. Much of the Content, as well as the Member Content (as defined below), appearing on the site is provided by FertileMind and it's members. FertileMind™ shall not be responsible or liable for the accuracy, usefulness or availability of any Content, Member Content or other information transmitted or made available by and through the Site and/or Services. FertileMind™ is not a medical or health services organization provider or forum and we do not engage in patient diagnosis or the practice of medicine. The Content and Member Content presented by and through the Site and/or Services is in no way intended as medical and/or psychiatric advice or therapy, is not provided for the purpose of diagnosing or treating medical and/or psychiatric problems, nor is it a substitute for medical and/or psychiatric treatment and/or therapy. Use of the Site and/or Services does not establish a doctor-patient relationship. All Content and Member Content that is made available by and through the Site and/or Services should be discussed and confirmed with your healthcare provider before adopting any wellness program or other treatment, whether offered on the Site, through the Services or otherwise. Use of the Site, Services, Content and Member Content featured therein, is at your own risk. Information and statements regarding some of the products and/or services featured by and through the Site and/or Services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease or psychological disorder.
FertileMind™ is not a covered entity for purposes of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), nor is the information provided by you to FertileMind™ considered protected health information under HIPAA. Therefore, FertileMind™ does not need to comply with the HIPAA privacy or security rules.
Scope/Modification of Agreement You agree to the terms and conditions outlined in the Agreement with respect to your use of the Services, Content, Site, App, Promotions, Member Content and/or any other analyses, research, opinions, reports and/or other information provided by or through same(collectively, "FertileMind™ Offerings"). The Agreement constitutes the entire and only agreement between you and FertileMind™ with respect to your use of the FertileMind™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the FertileMind™ Offerings. FertileMind™ may, without notice, update, revise, or change the Agreement, and the scope and functionality of the FertileMind™ Offerings, in whole or in part, at any time; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes that arose prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the FertileMind™ Offerings. By your continued use of the FertileMind™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for any updates and/or changes. You understand and agree that FertileMind™ is not responsible or liable in any manner whatsoever for your inability to use the FertileMind™ Offerings.
Requirements The FertileMind™ Offerings are not available to: (A) any users previously suspended or removed from the Site or Services OR (B) ANY PERSONS UNDER THE AGE OF 13.
Registration/Account/Fees/Billing FertileMind™ may invite visitors to register on the Site or App to become a FertileMind subscriber. Visitors may register for membership by and through their Facebook™ account, Twitter™ account or any other means designated by FertileMind™. FertileMind™ reserves the right, in its sole discretion, to deny membership, as well as any FertileMind™ Offering, to anyone, for any reason whatsoever, as permitted by applicable law. The registration data that you must supply on the Site in order to obtain access to the FertileMind™ Offerings as a Member may include, without limitation, depending on the method used by you to register: full name; e-mail address; date of birth; home address; user name and password; where you register via your Facebook™ account, your: Facebook™ ID; Facebook™ profile name; Facebook™ profile picture; education history (as included in your Facebook™ account); interests (as included in your Facebook™ account); Facebook™ photographs included in your Facebook™ account; and any and all other information made available to FertileMind™ by and through your Facebook™ account; where you register via your Twitter™ account, your: Twitter™ user ID; Twitter™ profile name; Twitter™ avatar; and any and all other information made available to FertileMind™ by and through your Twitter™ account; and any and all other information requested on the applicable registration form (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. FertileMind™ will verify and approve all registrants in accordance with its standard verification procedures.
You can access your specific Member account on the Site using your user name and password or logging in via your Facebook™ account and/or Twitter account, as applicable and where authorized by FertileMind™. You are responsible for maintaining the confidentiality of your Member account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member account, user name and password.
If you have reason to believe that your Member account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user name, password, or any credit, debit or charge card number stored) you will notify FertileMind™ of the problem to avoid possible liability for any unauthorized charges to your account.
To access and use some of our Services you will need to pay the applicable fees described on the Site for such Services, including applicable taxes (the "Subscription Fees"). When you subscribe for such Services, you hereby agree to pay the Subscription Fees, in accordance with billing terms in effect at the time the fee or charge becomes payable, and you agree to abide by the Terms and Conditions like any other user or Member. See the Payment Policy section below.
We reserve the right to change, suspend, or terminate any account, including any feature, content, or service at any time for any reason. We may also place limitations on the use of certain Services, content or features, and/or limit your access to parts of the Site or Services without notice or liability.
FertileMind™ agrees that it will terminate any paid subscription to Services upon notice from the Member.
A Member's right to use the Site is subject to any limits established by FertileMind™ or by the Member's credit card issuer. If payment cannot be charged to a Member's credit card or a Member's charge is returned for any reason, including chargeback, FertileMind™ reserves the right to either suspend or terminate the Member's access and account, thereby terminating this Agreement and all obligations of FertileMind™ hereunder.
FertileMind™ may reject your application and/or terminate your membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: where FertileMind™ believes that you are in any way in breach of the Agreement; and where FertileMind™ believes that you are, at any time, conducting any unauthorized commercial activity by and through the Services.
For purposes of the Agreement, "Facebook" shall mean Facebook Inc. and "Twitter" shall mean Twitter, Inc. Facebook™ is a registered trademark of Facebook Inc. Twitter™ is a registered trademark of Twitter, Inc. Please be advised that FertileMind™ is not in any way affiliated with Facebook or Twitter,, and the FertileMind™ Offerings are neither endorsed, nor sponsored, by Facebook or Twitter.
Payment Policy Access to some sections of the FertileMind App is free, but we charge for some of our products and services on a subscription fee basis. This Payment Policy applies to users who have purchased a FertileMind subscription plan to access FertileMind either online or through a mobile application.
(a) Overview of Subscription Plans and Payments
We offer several types of individual plans and gift plans. The pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase. Most of our subscription plans renew automatically, as described in more detail below. If you have questions regarding your plan after you sign up, please refer to the confirmation email that will be sent to you after your purchase.
If you purchase a monthly plan, you will be charged for the full month's payment at the beginning of each month; and if you purchase a yearly plan, you will be charged for the entire year at the beginning of the term. We may use a third-party payment processor to facilitate your payments.
Payment processing services for Instructors on FertileMind are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a Instructor on FertileMind, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of FertileMind enabling payment processing services through Stripe, you agree to provide FertileMind accurate and complete information about you and your business, and you authorize FertileMind to share it and transaction information related to your use of the payment processing services provided by Stripe.
(b) Promotional Offers
(c) Refund Policy
Purchases of subscriptions made through the Apple iTunes Store or our iPhone or iPad applications are final, and are not eligible for a refund. These purchases are subject to Apple's terms and payment policy, and Apple's policy may exclude refunds as well.
Purchases of subscriptions made through the Google Play Store or our Android applications are final, and are not eligible for a refund. These purchases are subject to Google Play's terms and payment policy, and Google Play's policy may exclude refunds as well.
FertileMind Workshop are non- refundable.
FertileMind Institute enrollments are non-refundable.
(d) Price Increases
Our prices may change in the future. We will notify you at the time of any price change, and provide you an opportunity to change or cancel your subscription before applying those changes to your account or changing your payment details in connection with an automatic renewal.
(e) Payment Information
By providing payment information to us, you represent that the payment information is accurate, current and in your own name or in the name of an individual who has authorized you to use his or her payment information for your subscription purchase.
If you provide someone else's payment information, you agree that we may make a refund to that person if he or she so requests and if the account is eligible for a refund under our Payment Policy. This may cause interruption to or termination of your FertileMind Services.
Description of the Content Subject to the terms and conditions of the Agreement, end - users that possess the requisite technology and register as Members shall have the opportunity to view media, text, images, graphics, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork, news articles and other content made available by and through the Site and/or Services (collectively, and together with the Activities, the "Content"). The Content is compiled, distributed and displayed by FertileMind™, as well as Members, and other third - party content providers ("Third - Party Providers"). FertileMind™ does not control the Content provided by Members and/or Third - Party Providers that is made available by and through the Services and/or Site. Such Members and/or Third - Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. FertileMind™ does not represent or warrant that the Content and other information posted by and through the Services and/or Site is accurate, complete, up to date or appropriate. You understand and agree that FertileMind™ will not be responsible for, and FertileMind™ undertakes no responsibility to monitor or otherwise police, such Content. You agree that FertileMind™ shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by Members and/or Third - Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the FertileMind™ Offerings.
If you would like to register a complaint, notify FertileMind™ of a dispute, notify FertileMind™ of any improper use of your Content or other information or notify FertileMind™ of inaccurate or misleading Content appearing on the Site or otherwise made available by and through the Services, please feel free to contact us at team@FertileMind.app.
Description of the FertileMind™ Services Subject to the terms and conditions of the Agreement including, without limitation, those contained in Sections 9 and 10 below, Members shall have access to the FertileMind™ Services. The FertileMind™ Services include a series of proprietary FertileMind™ brain training programs designed to empower Members to prepare for a positive birth. Please note, as disclosed in connection with certain "group" Activities, where a Member engages in a group activity, that Member's participation may be published on the Site, to be viewable by all Members. Members are forbidden from posting website links, buttons, banner ads, co - registration paths, copy or processes for generating actions ("Links") in any Activity Posts, and/or advertising third party products and/or services within the FertileMind™ Services. FertileMind™ reserves the right to prohibit any conduct by Members or remove any Activity Post from the FertileMind™ Services and/or Site at any time and for any reason, in FertileMind™'s sole discretion. The reasons for removal may include where FertileMind™ believes that the Activity Post is unsuitable for the FertileMind™ Services and/or Site for any reason including, without limitation: (i) that the Activity Post violates Sections 9 and/or 10 below; and/or (ii) where FertileMind™ believes the Activity Post, or the applicable Member, is otherwise in violation of the Agreement. You understand and agree that FertileMind™ shall not be liable to you, any end - users or any third party for any claim in connection with your use of, or inability to use, the FertileMind™ Services.
Description of the Interactive Services Subject to the terms and conditions of the Agreement including, without limitation, those contained in Sections 9 and 10 below, Members shall have access to the Interactive Services. The Interactive Services allow Members to communicate with other Members via comments sections and other interactive areas of the Site, as well as via applications and other features that may be made available by FertileMind™ on third - party social media venues such as Facebook™ from time to time. In connection with the Interactive Services, each Member shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content ("Comments") posted by and through the Interactive Services. Members are forbidden from posting Links in any Comments, and/or advertising third party products and/or services within the Interactive Services. FertileMind™ reserves the right to prohibit any conduct by Members or remove any Comments from the Interactive Services and/or Site at any time and for any reason, in FertileMind™'s sole discretion. The reasons for removal may include where FertileMind™ believes that the Comments posted by a Member are unsuitable for the Interactive Services and/or Site for any reason including, without limitation: (a) that the Comments violate Sections 9 and/or 10 below; and/or (b) where FertileMind™ believes the Comments, or the applicable Member, is otherwise in violation of the Agreement. You understand and agree that FertileMind™ shall not be liable to you, any end - users or any third party for any claim in connection with your use of, or inability to use, the Interactive Services.
Member Interactions/Comments/Activity Posts As part of your use of the Site and Services, you may upload, post, distribute or disseminate, or send to us Member Content, including but not limited to, photographs, images you have taken, captions and comments, which we, at our discretion, may post on the Site. You hereby grant FertileMind™ an irrevocable, nonexclusive, transferable royalty - free worldwide right (including any moral rights) and license to use the Member Content on the Site and to promote and advertise the Site and Services in any way. In connection with the operation and promotion of the Site and Services, you agree that FertileMind™ has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Member Content, regardless of the medium, technology, or form in which it is used. For example, FertileMind™ may use the Member Content to promote the Site and Services as part of a book, screen option, demonstration or brochure.
You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Member Content. You are responsible for your own postings and are responsible for the consequences of your postings.
You are solely responsible for your interactions with other Site - users including, but not limited to, Members and Third - Party Providers. Because we are not involved in Site - user interactions, in the event that you have a dispute with one or more Site - users, Members and/or Third - Party Providers, you hereby release FertileMind™ including, but not limited to, its officers, directors, members, shareholders, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. FertileMind™ reserves the right, but has no obligation, to monitor disputes between you and other Site - users, Members and/or Third - Party Providers. The Services contain Comments and Activity Posts (collectively, "Member Content") that is provided directly by Members. Those Members are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Member Content.
FertileMind™ does not represent or warrant that the Member Content posted by and through the Services and/or Site is accurate, complete or appropriate. You may find certain Member Content to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Services and/or Site. You understand and agree that FertileMind™ shall not be liable to you, any end - users or any third party for any claim in connection with any Member Content.
FertileMind™ does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials.
Requirements As a Member, you are granted a non - exclusive, non - transferable, revocable and limited license to access and use the FertileMind™ Offerings and certain third - party Member Content in accordance with the Agreement. FertileMind™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by FertileMind™, you may only use the FertileMind™ Offerings and third - party Member Content for your own personal use. No part of the FertileMind™ Offerings or third - party Member Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile , disassemble, reverse engineer or transfer the FertileMind™ Offerings, third - party Member Content and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the FertileMind™ Offerings and/or third - party Member Content. You may not use the FertileMind™ Offerings and/or third - party Member Content in conjunction with any other third - party content. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content or other information from the Site. You may not exploit any aspect of the FertileMind™ Offerings and/or third - party Member Content for any commercial purposes not expressly permitted by FertileMind™. You further agree to indemnify and hold harmless FertileMind™ for your failure to comply with this Section 11. FertileMind™ reserves any rights not explicitly granted in the Agreement.
YOU AGREE THAT FERTILEMIND™, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR USE OF THE SITE AND FERTILEMIND™ OFFERINGS, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SITE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR LACK OF USE OR IF FERTILEMIND™ BELIEVES THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE TERMS AND CONDITIONS. FERTILEMIND™ MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE SITE AND FERTILEMIND™ OFFERINGS OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE SITE AND FERTILEMIND™ OFFERINGS UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS MAY BE EFFECTED WITHOUT PRIOR NOTICE , AND ACKNOWLEDGE AND AGREE THAT FERTILEMIND™ MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR MEMBER CONTENT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES, THE SITE OR FERTILEMIND™ OFFERINGS. FURTHER, YOU AGREE THAT FERTILEMIND™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE FERTILEMIND™ OFFERINGS. THE TERMS AND CONDITIONS WILL CONTINUE TO APPLY TO YOUR PAST USE OF THE SITE AND FERTILEMIND™ OFFERINGS. TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE AND FERTILEMIND™ OFFERINGS SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO FERTILEMIND™.
Proprietary Rights All third - party Member Content and other material posted or made available by and through the FertileMind™ Offerings including, but not limited to, the design, selection, arrangement and coordination of such FertileMind™ Offerings, is owned by, or licensed to, FertileMind™ and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the FertileMind™ Offerings and/or third - party Member Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without FertileMind™'s prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks or trademarks with respect to any of the FertileMind™ Offerings, third - party Member Content or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the FertileMind™ Offerings by FertileMind™, any Member or any Third - Party Provider does not constitute a waiver of any right in or to such information and materials. FertileMind™ reserves all rights not expressly granted in the Agreement. The "FertileMind™" name and logo are trademarks of FertileMind™. All custom graphics, icons and service names are trademarks and/or copyrights of FertileMind™. All other trademarks are the property of their respective owners. The use of any FertileMind™ trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other proprietary rights without FertileMind™'s express written consent is strictly prohibited.
Bypassing or Disabling any Portion of the FertileMind™ Offerings or Software You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the FertileMind™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the FertileMind™ Offerings infrastructure. If you bypass or disable any portion of the FertileMind™ Offerings or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other FertileMind™ systems, you are in violation of the Agreement and FertileMind™ may suspend or terminate your use of the FertileMind™ Offerings without notice. Termination of your access to the FertileMind™ Offerings will not excuse you from any criminal or other civil liability that may result from your actions.
Indemnification You agree to indemnify and hold FertileMind™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co - branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third - party due to or arising out of: (a) your use of any of the FertileMind™ Offerings; (b) your breach of the Agreement; (c) your violation of any rights of another individual and/or entity; (d) any dispute between you and any Member, Third - Party Provider or other third - party; (e) your Member Content; and (f) any dispute between you and Facebook™ and/or Twitter™. The provisions of this Section 14 are for the benefit of FertileMind™, its parents, subsidiaries and/or affiliates, an d each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Disclaimer of Warranties THE FERTILEMIND™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FERTILEMIND™ PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE DISCLAIMED TO TH E FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON - INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FERTILEMIND™ MAKES NO WARRANTY THAT THE FERTILEMIND™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FERTILEMIND™ PRODUCTS AND/OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR - FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE PROGRAMS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE FERTILEMIND™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FERTILEMIND™ PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FERTILEMIND™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FERTILEMIND™, ANY MEMBERS, THIRD - PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE FERTILEMIND™ OFFERINGS AND/OR MEMBER CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT FERTILEMIND™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FERTILEMIND™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE FERTILEMIND™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FERTILEMIND™ PRODUCTS AND/OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND /OR ANY OTHER FERTILEMIND™ PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE FERTILEMIND™ OFFERINGS AND/OR MEMBER CONTENT; (C) THE FAILURE TO REALIZE ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE FERTILEMIND™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FERTILEMIND™ PRODUCTS AND/OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE FERTILEMIND™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF FERTILEMIND™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE FERTILEMIND™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FERTILEMIND™ PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR FERTILEMIND™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FERTILEMIND™. ACCESS TO THE FERTILEMIND™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FERTILEMIND™ PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS FERTILEMIND™'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Third-Party Websites The FertileMind™ Offerings contain links to other websites on the Internet that are owned and operated by third parties, including Third - Party Providers. In some instances, these websites may be co - branded and the third parties are entitled to use FertileMind™'s name and logo on their third - party websites. FertileMind™ does not control the information, products or services available on these third - party websites. The inclusion of co - branding and/or links does not imply endorsement by FertileMind™ of the applicable website or any association with the website's operators. Because FertileMind™ has no control over such websites and resources, you agree that FertileMind™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers, Third - Party Providers featured on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Third - Party Provider, advertiser or other third - party, as applicable. You further agree that FertileMind™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Copyright Policy/DMCA Compliance FertileMind™ reserves the right to terminate the membership of any Member who repeatedly infringes upon third - party copyright rights. If you believe that a copyrighted work has been copied and/or posted on or via the Site and/or Services in a way that constitutes copyright infringement, you should provide FertileMind™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site (or otherwise) of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e - mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for FertileMind™'s Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: DMCA/Copyright Agent
165 Jasmine Ct
Mountain View, CA 94043
Dispute Resolution Provisions The Agreement shall be treated as though it were executed and performed in Mountain View, California, U.S.A. and shall be governed by and construed in accordance with the laws of the State of California, U.S.A. (without regard to conflict of law principles).
Should a dispute arise concerning the FertileMind™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto the parties agree to submit their dispute for resolution by binding arbitration before the American Arbitration Association in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; provided, however, that any claims, disputes, actions or proceedings by FertileMind™ to relating to its intellectual property rights and/or to prevent unfair competition, misappropriation of trade secrets, unauthorized access, fraud, industrial espionage, and or fraud (including compute r fraud) may be brought in the federal courts in the City and County of Santa Clara, California, U.S.A. and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
To the extent permitted by law, you agree that you will not join any arbitral claim with the claim of any other person or entity, and you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against FertileMind™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that FertileMind™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provide d above; and (ii) is an independent agreement. You may opt - out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
FertileMind™ makes no claim that the Site or the FertileMind™ Offerings may be lawfully viewed or that Content may be downloaded outside the U.S.A. Access to the Site and Content and use of the FertileMind™ Offerings may not be legal by certain persons or in certain countries. If you access the Site and use the FertileMind™ Offerings from outside the U.S.A., you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Miscellaneous Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings used in this Agreement are for convenience only and have no legal or contractual significance. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, heirs, and assigns of both parties, as the case may be. FertileMind™ may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.
Contact Us To contact us directly with any questions or comments that you may have, send an email to team@FertileMind.app. We endeavor to listen to or read, as applicable, every message sent in and to reply promptly to each one. The information that is provided by you is used to respond directly to your questions or comments. If you have any questions about the Agreement, the FertileMind™ Offerings or the practices of FertileMind™, please feel free to contact us at team@FertileMind.app.