Terms and Conditions
TERMS AND CONDITIONS
By visiting and using Greenheart Fertility (hereinafter the “website”), you accept and
agree to be bound by these Terms and Conditions including our Disclaimer and
Privacy Policy posted on the website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits and/or views the website. Greenheart
Fertility (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms
and conditions in its sole discretion at any time without notice and by using the website,
you accept those amendments. It is your responsibility to periodically check the website
for updates.
Your continued use of the website after posting of any changes to our Terms and
Conditions constitutes your acceptance of those changes and updates. You must
not access or use the website if you do not wish to be bound by these Terms and
Conditions.
INTENDED AGE
All information and content on this website are intended for individuals over the age of
- Children, as defined in our Privacy Policy, are prohibited from using this website.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal information. Your
acceptance of our Privacy Policy is expressly incorporated into these Terms and
Conditions. Please review our Privacy Policy for more information.
DISCLAIMER
Your acceptance of our Disclaimer is expressly incorporated into these Terms and
Conditions. Please review the Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive any legal claims you may have now or in the future arising from or
related to the website and our products/services. In the event of a dispute, claim, or
controversy arising from or relating to your use of this website, the terms and conditions
shall be construed in accordance with the laws of the state of Vermont, USA.
You agree to first resolve any disputes or claims through mandatory arbitration, and you
consent to and submit to the jurisdiction and courts of of Vermont, without regard to
conflict of law principles or where the parties are located at the time of the dispute.
You agree to bear the full cost of arbitration, to the extent permitted by law. Participation
in arbitration in good faith is a condition precedent to pursuing any other legal or
equitable remedies available, such as litigation or any other legal procedure. You also
agree that if a legal claim is filed after the required arbitration, the prevailing party shall
be entitled to recover reasonable attorney’s fees and other legal costs.
INTELLECTUAL PROPERTY
All content on this website including but not limited to text, posts, logos, marks,
graphics, files, materials, services, products, videos, audio, applications, computer
code, designs, downloads and all other information here (collectively, the “Content”) is
owned by us and is protected by copyright, trademark and other intellectual property
and unfair competition laws with the exception of any content from others that we are
lawfully permitted to use. You are granted a limited revocable license to print or
download Content from the website for your own personal, non-commercial, non-
transferrable, informational and educational use only while ensuring it’s not in violation
of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce,
store, transmit, post, create derivative works, reverse engineer, sell, rent or license any
part of the Content in any way to anyone, without our prior written consent. You agree
to abide by the copyright, trademark laws and intellectual property rights and shall be
solely responsible for any violations of these terms and conditions.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit, send, email or
submit to us on the website or on any of our social media sites, you warrant that you are
the owner of that Content or have express permission from the owner of those
intellectual property rights to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture
partners or anyone else working with us a royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy,
distribute, display, edit, reproduce any Content provided by you on our website and on
any of our social media sites for any purpose. You shall be solely liable for any damages
resulting from any infringement of copyrights, trademark or other proprietary rights of
any Content or information that you provide to us.
You agree not to upload, display, post, transmit, distribute, send, email or submit to us
on the website or on any of our social media sites any information or Content that is-
(a) illegal, violates or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic,
threatening,
(c) encourages or advocates conduct that would constitute a criminal offense, giving
rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer virus, any kind of
malicious computer software or any other harmful information that is actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature of the website,
and
(f) send unsolicited or unauthorized material or cause disruption in the operation of the
website. You agree to use the website for lawful purposes only and shall be liable for
damages resulting from the violation of any provision contained in these Terms and
Conditions.
THIRD-PARTY LINKS
The website may contain links to third-party websites or resources for your
convenience. We may serve as an affiliate for some of these third-party websites by
offering or advertising their products or services on the website; however, we do not
own or control these third-party websites. Once you click on a third-party link and leave
this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any
information presented on these third-party websites. You assume all risks for using
these third-party websites or resources and any transactions between you and these
third-party websites are strictly between you and the third party. We shall not be liable
for any damages resulting from your use of these third-party websites or resources.
USE OF OUR PAID AND FREE PRODUCTS
On this website, we may provide free products for download as well as sell paid
courses, programs, physical or digital products, and any other related materials
(collectively, “products”). All of our products and/or services, including all content, are
copyright protected under US and international copyright laws. You are granted a limited
revocable license to print or download Content from our digital products for your own
personal, non-commercial, non-transferrable, informational and educational use only
while ensuring it’s not in violation of any copyright, trademark, and intellectual property
or proprietary rights. Copying or storing our content for other than personal use is
expressly prohibited without our prior written consent.
You acknowledge and agree that you have no right to share, modify, sell, edit, copy,
reproduce, create derivative works of, reverse engineer, enhance or in any exploit our
products. You cannot sell or redistribute any of our products, whether free or paid ones,
without our express written consent. You agree to abide by the copyright, trademark
laws and intellectual property rights and shall be solely responsible for any violations of
these terms and conditions.
TERMINATION
We reserve the right in our sole discretion to refuse, remove, restrict your access,
revoke and terminate your use of our website including any or all Content published by
you or us at any time for any reason, without notice.
NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE
ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR
WA R R A N T I E S O F A N Y K I N D I N C L U D I N G T H E WA R R A N T I E S O F
MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO
THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION,
MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE.
COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR
OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION
PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY
DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO
THE FULL EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors,
shareholders, joint venture partners or anyone else working with us shall be liable for
any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or
any other damages resulting from your use of this website including but not limited to all
the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are
solely responsible for the accuracy of the personal and any information you provide, the
outcome of your actions, personal and business results, and for all other use in
connection with the website.
You also expressly agree that we and/or our officers, employees, successors,
shareholders, joint venture partners or anyone else working with us shall not be liable to
you for any damages resulting from 1) any errors or omissions on the website, delay or
denial of any products or services, failure of performance of any kind, interruption in the
operation and your use of the website, website attacks including computer virus,
hacking of information, and any other system failures; 2) any loss of income, use, data,
revenue, profits, business or any goodwill related to the website; 3) any theft or
unauthorized access by third party of your information from the website regardless of
our negligence; and 4) any use or misuse of the information, products and/or services
offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach
of contract, tort or any other legal theory of liability. You agree that we provide no
express or implied guarantees to you for the content presented here, and you accept
that no particular results are being promised to you here.
INDEMNIFICATION
You agree to indemnify and hold the Company and/or its officers, employees,
successors, shareholders, joint venture partners or anyone else working with us
harmless from all losses, claims, damages, demands, actions, suits, proceedings or
judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”)
assessed against or otherwise incurred by you arising, in whole or in part, from: (a)
actions or omissions, whether done negligently or otherwise, by you, your agents,
directors, officers, employees or representatives; (b) all your actions and use of the
website including purchasing products and services; (c) violation of any laws, rules,
regulations or ordinances by you; or (d) violation of any terms and conditions of this
website by you or anyone related to you; e) infringement by you or any other user of
your account of any intellectual property or other rights of anyone. The Company will
notify you promptly of any such claims or liability and reserves the right to defend such
claim, liability or damage at your expense. You shall fully cooperate and provide
assistance to us if requested, without any cost, to defend any such claims.
WAIVER OF CLASS ACTIONS
You agree that any dispute arising from or related to this Agreement will be resolved
solely between you and the Company. You waive your right to bring a class action
against us and agree not to bring claims against us as a member of a class or as a
representative.
ENTIRE AGREEMENT
These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the
entire agreement between you and us with respect to this website. It supersedes all
prior or contemporaneous communications, discussions, negotiations or proposals we
may have had with you whether electronic, oral or written.
A printed version of this entire agreement including the Privacy Policy and Disclaimer
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings with respect to this website to the same extent and given the same effect
as other business contracts and documents kept and maintained in printed form.
SEVERABILITY
If any provision in these Terms and Conditions is deemed by a court, regulatory
authority or other public or private tribunal of competent jurisdiction to be invalid or
unenforceable, such provision is deemed to have been omitted from this Agreement.
The remainder of this Agreement remains in full force and effect, and is modified to any
extent necessary to give such force and effect to the remaining provisions, but only to
such extent.
MODIFICATIONS
Company reserves the right, in its sole discretion and without notice, to (a) revise these
Terms and Conditions; (b) modify the website and/or any services or products it offers;
and (c) discontinue the website and/or products or services at any time. Any changes to
these terms will take effect immediately. You agree to review these Terms and
Conditions and any other online policies posted on the website on a regular basis to be
aware of any changes. You agree to be bound by the revision if you continue to use or
access the website after these modifications.
ACKNOWLEDGEMENT
By using any of our products, services or accessing the site, you acknowledge that you
have read and agree to be bound by these terms and conditions.
CONTACT
For any questions, please contact us at sarah@greenheartvt.com