General
This membership group (the “Group”) is owned and operated by Lodestone Technology, Inc. [“the company”, “we” or “us”]. By using the Group, you agree to be bound by these Terms of Service and to use the Group in accordance with these Terms of Service, our Privacy Policy, our Refund Policy and any additional terms and conditions that may apply to specific sections of the Group or to products and services available through the group or from the company. Accessing the group, in any manner, whether automated or otherwise, constitutes use of the Group and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Group, from time to time, in which case we will post the revised Terms of Service on this page. By continuing to use the Group after we post any such changes, you accept the Terms of Service, as modified.
BEFORE USING THE GROUP AND AGREEING TO THESE TERMS OF USE, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE. Use of the Group is void where prohibited. By accepting these Terms of Use and using the Group, you represent and warrant that (a) you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein; (b) you agree to comply with these Terms of Use; (c) you acknowledge the Get Pregnant Now/Lodestone Technology, Inc. Privacy Policy; (d) all registration information you submit is truthful and accurate; and (e) your use of the Group does not violate any applicable law or regulation.
You acknowledge that we may update these Terms of Use from time to time, and you agree to be bound by any subsequent update to these Terms of Use. The most recent version of these Terms of Use can be found at the Group itself. Though we will attempt to notify you of any material changes in the Terms of Use by posting a notice on our Group site or sending an email to your registered email address, it is your responsibility to check for updates to the Terms of Use and any such update shall be effective even if you do not receive notice of such update. If you do not consent to the updated Terms of Use, you can discontinue use of the Group. Your continued use of the Group will constitute acceptance of the updated Terms of Use.
Intellectual Property Rights
Lodestone Technology, Inc. or its third-party providers shall retain all ownership rights in the Group and the technology, software, products, processes, algorithms, user interfaces and know-how related to the Group. No license, right or interest in any Lodestone Technology, Inc. trademark, copyright, trade name or service mark is granted hereunder.
Lodestone Technology, Inc. shall have a royalty-free, fully paid-up, nonexclusive, perpetual, irrevocable, worldwide, transferable, sublicensable license to use, copy, modify, or distribute, including by incorporating into the Group, any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the Group.
Our Limited License to You. This Group and all the materials available on the Group are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Group is provided solely for your personal noncommercial use. You may not use the Group or the materials available on the Group in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Group. You may, however, from time to time, download and/or print one copy of individual pages of the Group for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us.
By posting or submitting any material (including, without limitation, comments, blog entries, social media postings, photos and videos) to us via the Group, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to the company from their creation. Thus, the company shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as the company determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to the company all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that the company has the right but not the obligation to use and display any postings or contributions of any kind and that the company may elect to
cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Group so long as the link does not state or imply any sponsorship of your Group by us or by the Group. However, you may not, without our prior written permission, frame or inline link any of the content of the Group, or incorporate
into another website, Group, or other service any of our material, content or intellectual property.
Disclaimers
Throughout the Group, we may provide links and pointers to Internet Websites, Services, or Groups maintained by third parties. Our linking to such third-party Websites, Services, or Groups does not imply an endorsement or sponsorship of such Groups, or the information, products or services offered on or through the Groups. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Group or on websites linked to by us on the Group.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not the company. Neither the company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, the company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Groups by anyone other than an authorized the company representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE GROUP AND BY the company AND ANY THIRD-PARTY GROUPS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE GROUP OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS
GROUP, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GROUP OR MATERIALS ON THIS GROUP OR ON THIRD-PARTY GROUPS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY the company, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR OTHER AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO A PORTION OF THE ABOVE EXCLUSION MAY NOT APPLY TO USER. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THE GROUP. THIS WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
NEITHER the company NOR ITS AFFILIATES OR SUPPLIERS MAKES ANY REPRESENTATION THAT USE OF THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES OR WHERE IT IS ILLEGAL OR PROHIBITED BY LAW.
You agree at all times to defend, indemnify and hold harmless the company its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Online Commerce
Certain sections of the Group may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Group or on a Group linked to by the Group, the information obtained during your visit to that merchant’s online store, service, or Group, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Group, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Group.
Your participation, correspondence, or business dealings with any third party found on or through our Group, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that the company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Group. You agree to use the Group and to purchase services or products through the Group for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Interactive Features
This Group may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Group, or sent via any email services on the Group, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Group. It is a condition of your use of the Group that you do not:
∙ Restrict or inhibit any other user from using and enjoying the Group.
∙ Use the Group to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. ∙ Interfere with or disrupt any servers or networks used to provide the Group or its features, or disobey any requirements,
procedures, policies or regulations of the networks we use to provide the Group.
∙ Use the Group to instigate or encourage others to commit illegal activities or cause injury or property damage to any person. ∙ Gain unauthorized access to the Group, or any account, computer system, or network connected to this Group, by means such as hacking, password mining or other illicit means.
∙ Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Group. ∙ Use the Group to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. ∙ Use the Group to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
∙ Use the Group to post or transmit any information, software or other material that contains a virus or other harmful component.
∙ Use the Group to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
∙ Use the Group to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
∙ Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Group.
The company may host message boards, chats and other public forums on its Groups. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. the company or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by the company staff, the company’s outside contributors, or by users not connected with the company, some of whom may employ anonymous user names. the company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of the company or any of its subsidiaries or affiliates.
the company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Groups. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Group in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Group nor to use the communication systems provided by the Group for any commercial solicitation purposes. You agree not to use any portion of the Group as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.
Registration
To access certain features of the Group, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Group, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Group’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Group (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Group, you will need a username and password, which you will receive through the Group’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE GROUP, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE GROUP OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE GROUP, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE GROUP, OR WITH ANY OF THE GROUP’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GROUP AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS GROUP IS CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE GROUP:
THIS GROUP OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING
MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS GROUP. THE USE OF ANY INFORMATION PROVIDED ON THIS GROUP IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS GROUP OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Termination
We may cancel or terminate your right to use the Group or any part of the Group at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Group affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Group, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
Other
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by the company infringe your copyright, you, or your agent may send to the company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to the company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/ for details. the company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: palter@paltermethod.com.
This Agreement shall be binding upon and inure to the benefit of the company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of the company. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by the company to any affiliated entity or any of its wholly owned subsidiaries.
Dispute Resolution:
These Terms of Use will be deemed to have been made in the State of Delaware, and the provisions and conditions of these Terms of Use will be governed by and interpreted in accordance with the laws of the State of New York, without regard to conflict of laws principles thereof.
EXCEPT FOR ANY ACTIONS FOR PRELIMINARY EQUITABLE RELIEF, THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS SAN FRANCISCO, CALIFORNIA. USER AND the company CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THESE JURISDICTIONS.
Any dispute shall be subject to binding arbitration in Delaware . The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.