PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, COURSES, AND COACHING, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT USE OUR SITES OR OUR SERVICES, COURSES, OR COACHING. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF NOVEMBER 19, 2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact with Fertility Lifestyle, located at fertilitylifestyle.com, and our subsidiaries, agents, and affiliates, in association with the use of the Fertility Lifestyle website, which includes www.fertilitylifestyle.com (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF SERVICES OFFERED
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Fertility Lifestyle. At its discretion, Fertility Lifestyle may offer additional website Services or coaching support and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified, or revised Services unless otherwise stipulated.
Fertility Lifestyle does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept, and agree that Fertility Lifestyle shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Fertility Lifestyle shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
The user understands, agrees and consents to the following information and terms as a condition of purchasing, viewing, or attending any instructional program in Natural Family Planning (“NFP”) offered by Fertility Lifestyle.
NFP is an umbrella term for certain methods used to achieve and/or avoid pregnancy. These methods are based on the observation of the naturally occurring signs of the fertile and infertile phases of a woman’s menstrual cycle. To avoid pregnancy, couples abstain from intercourse and genital contact during the fertile phase of the cycle. No drugs, devices or surgical procedures are used at any time to avoid pregnancy. To achieve pregnancy, couples have intercourse during the fertile time of the cycle. Use of or reliance on NFP does not in any way guarantee that pregnancy will or will not occur. Users of NFP assume all responsibility for the results of using NFP.
Effective use of NFP requires, at a minimum, 1 (a complete course of instruction);
2 (follow-up support); 3 (careful charting of the body’s fertility signs on a daily basis); and 4 (careful following of NFP rules). In addition, it also may be necessary to contact Fertility Lifestyle support with questions or concerns. Every method of family planning, including NFP, has a perfect use and imperfect use pregnancy rate. Perfect use represents method effectiveness for pregnancy avoidance with consistent and correct use of the method. NFP has been shown to have a 0.6% to 3% pregnancy rate with perfect use. Imperfect use represents method effectiveness for pregnancy avoidance factoring in human error. NFP has been shown to have a 2% -17% pregnancy rate with imperfect use. This imperfect use pregnancy rate is similar to that reported for other family planning methods.
A Fertility Lifestyle course is educational in nature and does not purport to be a substitute for qualified medical advice Any health problems should be discussed with a doctor or qualified healthcare practitioner and any therapies, self-help or otherwise, should be undertaken only under the guidance of a qualified healthcare practitioner.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Fertility Lifestyle’s sites.
Fertility Lifestyle shall reserve the right at any time it may deem fit, to modify, alter, and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Fertility Lifestyle shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Fertility Lifestyle or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorsee nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Fertility Lifestyle shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
In the event you have a dispute, the user unconditionally and irrevocably releases Fertility Lifestyle and any person acting for or on behalf of Fertility Lifestyle, from any and all liability for any and all adverse results of user’s use of NFP, including without limitation, an unplanned pregnancy, HIV infection, sexually transmitted diseases or any medical, physical, mental or other problems. The user assumes all responsibility for any outcome or result of the use of NFP.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Fertility Lifestyle fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provision of the TOS remain in full force and effect.
Please report any and all violations of this TOS to Fertility Lifestyle as follows: