TERMS OF USE
Introduction and summary
This Terms of Use agreement (“Terms”), along with our Privacy Policy, governs the terms of the relationship between you (“you,” our “user(s)” or “visitor(s),” and your spouse or partner if you opt him or her into receiving any ConceptionSuccess.com content and or coaching) and ConceptionSuccess.com (“ConceptionSuccess.com,” “Company,” “we,” “us,” “our”) regarding the use of our services and products (“Services”) including ConceptionSuccess, or other websites. If you don’t agree with our Privacy Policy or Terms of Use, do not use our Services.
Our services do not include the provision of any medical advice or treatment by us. Rather, our services enable users to access digital content and fertility health coaching and resources, including a fertility health coach who may provide you with limited web, telephone, sms, or email based support. Our company does not employ or contract with physicians to provide fertility advice. Company’s fertility health coaches are not licensed physicians. Our services provide information and guidance only. All content provided or accessed through our services, including but not limited to information provided by our personnel, is for informational purposes only. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Always consult a physician for personal medical attention and advice, if you have any questions about a medical condition. or changing your diet or commencing or discontinuing any course of treatment do not use our services as a substitute for consulting with your physician, and do not ignore or delay obtaining professional medical advice because of information or content accessed through our services. If you think you have a medical emergency, call your local Emergency Department immediately.
Our services are not intended to be and do not constitute a substitute for professional medical advice, diagnosis, or treatment and are offered for informational purposes only. Always seek the advice of your physician with any questions regarding your fertility condition or the use (or frequency) of any medication or medical device. We are not responsible or liable for any fertility-related guidance, course of treatment, diagnosis or any other information, services or products that you may obtain in connection with or as a result of using our services.
Again, the Services we provide are for educational and informational purposes only. We want to help you make more informed decisions about your reproductive health, but we can’t make these decisions for you. Nothing we communicate should be considered medical advice. Our content may reference medical topics, medical research papers and clinical reports in various medical journal and even though we try our hardest, we make no warranty that any of our content is accurate, up to date or error free. Even if a statement we make is accurate, it does not necessarily apply to you or your specific symptoms. Please see Section 6 for more details.
You’re using our Services at your own risk; the owner(s) of ConceptionSuccess.com don’t take any responsibility for the results or consequences of any attempt to use or adopt the information presented in our Services. None of our Content or Services attempt to offer or render a medical opinion or otherwise engage in the practice of western medicine.
Full Terms of Use Agreement
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.
- Entering the Agreement
- All use of our Services are subject to the Terms set forth below. Please read these terms carefully. If you do not agree with any of them, you may not use our Services and should not provide any of your information to our coaches, into our app(s) or into our website(s).
- BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. THIS IS A LEGALLY BINDING AGREEMENT. You consent to use electronic signatures and acknowledge that your use of the Services constitutes such a signature, and you agree that using the Services is your written acknowledgement that you were provided with the information in these Terms. Your use of the Services after your initial acceptance, even if these Terms of use change, demonstrates your continued acceptance of these Terms.
- You agree that you will only use the Services in accordance with these Terms, the most important clauses of which state that you will only use the Services in non-emergency situations; that you are seeking the Services for informational and/or educational purposes only; that you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation, or medical advice of any kind from the Services; and that all Services are provided ‘as is’ and without warranty or representation.
- Eligibility
- You may not use the Services if you are A), under 18 years of age; B), a direct competitor of ConceptionSuccess.com investigating the Services for competitive research or repurpose our contents for commercial activities; or C), otherwise using the Services for a harmful, malicious, disruptive, or unlawful purpose.
- Parties to this Agreement
- These Terms describe a contractual agreement between you, the user, and ConceptionSuccess.com. We have the right to refuse registration of, or cancel your user account, at our discretion, for any reason or for no reason. You acknowledge that ConceptionSuccess.com has the right to terminate or limit your account in the event that we determine, in our sole discretion, that you have violated the policies of the Services, including any activities that adversely affect other users’ experiences.
- Modification of these Terms
- From time to time, we may need to amend these Terms of Use. Any changes to the Terms of Use will become effective once we’ve posted a copy on our website. You agree to these changes if you continue to use our services or one of our websites. Don’t worry- we won’t make any material changes without expressly telling you about them through notice(s) clearly posted on the ConceptionSuccess website. We can’t force you to read our new Terms of Use, but you will be bound to any revisions to it, and it is your responsibility to read and understand the new Terms of Use.
- Assumption of risk; no guarantee of success;
- A variety of information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) is available through the Services. Some of the Content is provided by ConceptionSuccess.com or its suppliers, and other Content is provided by users, such as any community features. While ConceptionSuccess.com strives to keep the Content that we post accurate, complete, and up-to-date, we can’t guarantee, and are not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by ConceptionSuccess.com or its suppliers, or by users of our Services. Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of ConceptionSuccess.com. We do not endorse and are not responsible for the accuracy or reliability of any opinion, guidance or statements made anywhere in the Services.
- ConceptionSuccess.com does not have any obligation to prescreen, edit, or remove any Content provided by users that is posted on or available through the Services. Notwithstanding the foregoing, ConceptionSuccess.com will have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
- Refund policy
- We stand beind our products and your satisfaction with them is important to us. However, because our digital goods are delivered via Internet, we generally offer no refunds.
If you change your mind about your purchase and you have never logged into our learning system, we will happily issue you a refund upon request within three (3) days of your original purchase.
Refund requests made after you have logged in to our learning system and / or after three (3) of your original purchase will not be granted.
- We stand beind our products and your satisfaction with them is important to us. However, because our digital goods are delivered via Internet, we generally offer no refunds.
- ConceptionSuccess.com does not offer medical advice
- Please do not ask ConceptionSuccess.com for–or rely on–anything that we communicate as medical advice. Although ConceptionSuccess.com’s services may contain articles on medical topics, we make no warranty whatsoever that any of the articles are accurate. Even if a statement we make about medicine is accurate, it may not apply to you or your symptoms.
- The medical information we write about is, at best, general and cannot substitute for the advice of a medical professional. We are not medical doctors.
- The Content of our Services, such as text, graphics, images, information obtained from our medical partners, sponsors, advertisers, licensors, and other material are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
- Always seek the advice of your physician with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or local Emergency Department immediately.
- Our fertility coaches may recommend or endorse specific tests, products, procedures, opinions, or other information that may or may not be mentioned in our Content. Reliance on any information provided by ConceptionSuccess.com, ConceptionSuccess.com employees, or others appearing in our Services is solely at your own risk.
- License to use the Services
- Subject to your acceptance of these Terms, ConceptionSuccess.com grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the Services and to display the results of such Services for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view, or alter any source code or object code of ConceptionSuccess.com or our licensors.
- Fees and Payment
- ConceptionSuccess.com reserves the right to require payment of fees for certain features of its Services. Should you elect to subscribe to such features, you shall pay all applicable fees, as described in the Services in connection with such features. ConceptionSuccess.com reserves the right to change its prices and to institute new charges at any time, upon prior notice to you, which may be sent by email or posted on our websites. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
- Intellectual property
- ConceptionSuccess.com’s Services and the information contained therein is the property of ConceptionSuccess.com and our affiliates and licensors, and is protected from unauthorized copying and dissemination by Canadian and United States copyright law, trademark law, international conventions, and other intellectual property laws. Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents, or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute, or publish any part of the Services unless we expressly permit you to in these Terms.
- Notice and takedown procedures /Digital Millennium Copyright Act (DMCA)
- If you think any materials accessible on or from our Services infringes your copyright, you may request removal of those materials (or access to them) by contacting ConceptionSuccess.com and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL or path) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and email address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
To protect the rights of copyright owners, ConceptionSuccess.com maintains a policy for the termination, in appropriate circumstances, of users who are repeat infringers.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Use of Conception Success.com Content
- The Content is protected by copyright under both Canadian and foreign laws. Title to the Content remains with ConceptionSuccess.com or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the discretion of ConceptionSuccess.com. All rights not expressly granted herein are reserved to ConceptionSuccess.com and its licensors.
- Limitation of liability /disclaimer of warranties
- ConceptionSuccess.com and its partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on any ConceptionSuccess.com Service. In particular, but without limitation, you are agreeing that ConceptionSuccess.com is not liable under any theory of law for any compensatory, indirect, special, incidental, punitive, or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, a failure to obtain medical treatment or any other action or omission of behavior following any information or advice found on our site or in any ConceptionSuccess.com Service, or any aspect of your relationship with a spouse or partner, whether based on breach of contract, breach of warranty, tort, product liability or otherwise.
- Our Services would not be provided without these limitations, and if you do not agree to these limitations, please do not use the Services. No advice or information you obtain from us through the Services or in support of the Services shall create any warranty, representation, or guarantee not expressly stated in these Terms. Some provinces or states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations and exclusions may not apply to you. Notwithstanding the foregoing, in the event that ConceptionSuccess.com is found to have a liability to you, you agree that our aggregate liability for any cause whatsoever and regardless of the form of action will at all times be limited to the amount that you paid, if any, to ConceptionSuccess.com with respect to the ConceptionSuccess.com Service in question. In addition, you specifically agree and acknowledge that ConceptionSuccess.com is not liable for the content submitted by any other user, or any defamatory, offensive, or illegal conduct of a third party.
- The conceptionsuccess.com services, the websites, and the content are provided on an “as is” basis. ConceptionSuccess.com, it’s partners, advertisers, sponsors, licensors and suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.
- Specifically, ConceptionSuccess.com, its licensors, and its suppliers MAKE NO REPRESENTATIONS OR WARRANTIES about the following:
- The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, recommendations, or communications provided on or through the use of the ConceptionSuccess.com Services.
- The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the ConceptionSuccess.com Services.
- The accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other information provided through the ConceptionSuccess.com Services.
- The Services will be uninterrupted, or free of errors, viruses, or other harmful components.
In no event will ConceptionSuccess.com, its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers, or other affiliated persons or entities be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through ConceptionSuccess.com Services. You will hold ConceptionSuccess.com, its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers, or other affiliated persons or entities harmless for any such actions or decisions taken by you in reliance upon such information.
- Indemnification
- By using ConceptionSuccess.com Services you agree to indemnify and hold ConceptionSuccess.com, its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers, or other affiliated persons or entities harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the ConceptionSuccess.com Services. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.
- Representations made and rights granted. You are responsible for all Content that you submit, post, or otherwise make available to or through the Services. By doing so, you represent and warrant to ConceptionSuccess.com that such content is not confidential and that you have all necessary permission to submit, post, and otherwise make available such Content. ConceptionSuccess.com makes no claims to ownership of Content that you submit, post, or otherwise make available to or through the Services and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to ConceptionSuccess.com and our affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:
- with respect to Content other than photos, graphics, audio, video, or writing that you submit, post, or otherwise make available to public areas of the Services (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
- with respect to photos, graphics, audio, video or writing that you submit, post, or otherwise make available to public areas of the Services, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content for the purpose for which such Content was submitted, posted, or made available.
- Prohibited content. You agree that the following actions are a breach of these Terms and that you will not upload any content that:
- includes unsolicited offers, advertisements, proposals, junk mail or any other spam that users of the Services will see or receive. This includes unsolicited advertising, promotional materials, bulk commercial advertising, chain mail, pyramid schemes, charity requests, and petitions for signatures
- infringes upon or violates any rights of any party
- impersonates another person or entity, or creates a false impression or misleads others as to the origins of your communications
- infringes on the intellectual property, privacy, or publicity rights of others
- is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by ConceptionSuccess.com. Seriously. Don’t be a jerk.
- promotes violence, illegal drug use, or substance abuse or describes how to perform a violent act, use illegal drugs, or abuse other substances
- harvests or otherwise collects information about others, including email addresses, without their consent
- discloses the Personal Information of others, including names, email addresses, telephone numbers, or any other confidential or personally identifiable information
- distributes viruses or other harmful computer code
- restricts or inhibits any other person from using or enjoying the Services.
- regards minors under 18 years of age without the consent of their parents
By submitting communications or content to any part of the Services, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant, or warrant that the owner of such content has expressly granted ConceptionSuccess.com a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. ConceptionSuccess.com may sublicense its rights through multiple tiers of sublicenses.
- Usage Rules
In addition to the prohibited content rules, you agree that your use of and conduct on the Services shall be lawful and will not:
- be in violation of these Terms, any local, provincial / state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services
- reveal any personal information about another individual, including another person’s home address, phone number, e-mail address, credit card number, social security or social insurance number, or any information that may be used to track, contact, or impersonate that individual
- trick, defraud or mislead ConceptionSuccess.com or other users, especially in any attempt to learn sensitive account information such as passwords
- make improper use of ConceptionSuccess.com’s support services or submit false reports of abuse or misconduct
- disparage, tarnish, or otherwise harm, in ConceptionSuccess.com’s opinion, ConceptionSuccess.com and/or the Services
- disseminate or transmit viruses, worms, Trojan horses, Remote Access Trojan (“RATs”), keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices
- copy or adapt the Services’ software including but not limited to Flash, PHP, HTML, JavaScript, or other code
- reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services
- except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software
- cover or obscure any notice, banner, advertisement, or other branding on the Services
- interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services
- Outside Canada
- ConceptionSuccess.com operates and controls the Services from our offices in Canada. We make no claims that the Services or Content is appropriate or may be downloaded outside of Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access the ConceptionSuccess.com Services from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Ontario in the City of Toronto, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
- No Agency
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and ConceptionSuccess.com as a result of these Terms or use of the ConceptionSuccess.com Services.
- Complete Agreement
- If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other terms.
- The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Limitation of liability / Disclaimer of warranties, Indemnification, User Submissions, Jurisdiction, and Complete Agreement.
- Keep In Touch
If you have any additional questions or concerns, please feel free to contact us at info@ConceptionSuccess.
Last updated; May 31, 2019