Terms of Service and Conditions of Use
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF SERVICE AND CONDITIONS OF USE BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Your Acceptance
This website is operated by the owners of MYPREGNACYTOOLKIT.COM. By using and/or visiting this website (“Website”), you agree to be bound to these website Terms of Service and Conditions of Use (the “Terms of Use”). If you do not agree to any of these terms, then please do not use the Website. We reserve the right, in our sole discretion, to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications or updates. You agree to review these Terms of Use on a periodic basis.
Medical disclaimer
We wish to clarify that we are no doctors and the guides and courses in this website do not constitute medical advice. The content of this website is for informational and support purposes and is not a substitute for professional medical advice or treatment. The information on this website should not be used for diagnosing or treating a health problem or disease. The use of the website and its advice, guides and courses is AT YOUR OWN RISK.
Privacy
Please review our Privacy Policy, which also governs your visit, to understand our practices.
The Website
These Terms of Use apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
Website Access
A. We hereby grant you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) you will not alter, download (except page caching) or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. You may not frame or utilize framing techniques to enclose any of our trademark, logo, or other proprietary information (including images, text, page layout, or form) or the Website or its affiliates without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted herein. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray us, our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark belonging to us or our affiliates as part of the link without our express written permission.
B. In order to access some features of the Website, you will have to create an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
Intellectual Property Rights
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 us, subject to copyright and other intellectual property rights under Israeli and foreign laws and international conventions, unless otherwise indicated. Except as otherwise provided for herein, Content on the Website is provided to you AS IS for your information and personal use only and may not be used, 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. We reserve all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. 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.
Third party content and postings
Third party content may also appear on this web site or may be accessible via links from it (“Third party Content”). To the extent that portions of this Web Site (such as “Discussion Boards” or “Reader Reaction”) provide users an opportunity to post and exchange information, ideas and opinions, input data, send e-mails, answer questions, or otherwise communicate with us and users through the site (“Postings”), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE. We do not endorse and have no control over the content of the Postings submitted by others and Postings do not necessarily reflect our views. We make no warranties, express or implied, as to the Content or the Third party content, such as videos or Postings or the accuracy and reliability of any of those.
All of your Postings are your sole responsibility. You and not we are entirely responsible for your Postings and for any information that you e-mail, transmit or otherwise make available via the Site. If you post personal information on Discussion Boards or on other publicly available areas of the Site, then you may receive unsolicited messages from third parties. We cannot ensure the security of any information you post on publicly available areas of the Site. Under no circumstances will we be liable in any way for any of your Postings, including, but not limited to, any errors or omissions in your Postings, or for any claim, loss or damage of any kind incurred as a result of your Postings.
You hereby represent and warrant that (i) you have all necessary rights in and to all Postings you provide and all material contained in such Postings; (ii) your Postings do not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation; (iii) your Postings will not contain any viruses or other contaminating or destructive devices or features; (iv) , your Postings will not contain any defamatory, indecent, offensive, tortuous, or otherwise unlawful material or content; and (v) your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
While we assume no responsibility for actively monitoring the Site for inappropriate Postings, we nevertheless reserve the right to monitor Postings, and to remove any if, in our sole discretion, we deem them to be in violation of these Terms of Use or otherwise unacceptable. If we choose, in our sole discretion, to monitor sections of the Site such as Discussion Boards and Reader Reaction, we nonetheless assume no responsibility for the content of users’ Postings, no obligation to modify or remove any inappropriate Postings, and no responsibility for the conduct of users submitting any Postings. You agree that we accept no liability whatsoever if we determine to prevent your Postings from being submitted or if we edit, restrict or remove your Postings.
You hereby authorize us to use and/or authorize others to use, on a worldwide, royalty-free basis, all or part of your Postings in any manner, format, or medium that we or such other parties see fit, provided, however, that with respect to Postings uploaded by our authors, your use is limited to viewing such Postings. You shall have no claim or other recourse against us for infringement of any proprietary right in your Postings.
You agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of these Terms of Use. You further agree to release us from any and all liability and obligations whatsoever in connection with or arising from your use of this website.
Warranty Disclaimer
This web site, including, without limitation, all content, software, and functions made available on or accessed through or sent from this website, are provided “as is,” “as available, ” and “with all faults.” to the fullest extent permissible by law. You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, we, our affiliates and sublicensees, and their officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. We make 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 assume no liability or responsibility for 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, the content and the third party content, (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 the website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the 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 website. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and we 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.
Limitation of Liability
In no event shall we, our affiliates and sublicensees, and their 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 the website content or third party content, (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 the website, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the 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 website, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are 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 we, our affiliates and sublicensees shall not be liable for 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 us from our facilities in Israel. We make 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.
Indemnity
You agree to defend, indemnify and hold us harmless, our affiliates, sublicensees and their 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: (i) your use of and access to the Website the Content and any third party content; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
Ability to Accept Terms of Use
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 Use, and to abide by and comply with these Terms of Use.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by we without restriction.
General
You agree that the Website shall be deemed solely based in Israel. Any claim or dispute between you and us that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the State of Israel. These Terms of Use, together with the Privacy Policy and any other legal notices published by us on the Website, shall constitute the entire agreement between you and us concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Miscellaneous
These Terms of Use contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Use are found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
For any questions or comments you may contact us at contact[at]mypregnancytoolkit[dot]com.
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Last updated: 01 July 2013