Our goal at The Modern Belly is to be your resource for all things fertility and family building. To do so, we want to make sure that we all agree on some ground rules. Please read these Terms of Use and Privacy Policy before using the site.

These Terms of Use are effective on January 1, 2015. This website, and the content, information, products and services it makes available (collectively referred to as the “Website”), is provided to you by The Modern Belly (“The Modern Belly”, or “We”). By accessing or using The Modern Belly website, our newsletters, or any other services, you agree to be bound by these terms of use (“Terms of Use”). If you do not agree to be bound by all of these Terms of Use, do not access or use the Website. The Modern Belly may update and revise these Terms of Use from time to time at its own discretion without further notice to you. Your continued usage of the Website will mean you accept these changes.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE MODERN BELLY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Disclaimer

The content available on The Modern Belly website, such as articles, posts, text, images, graphics, video, user-generated content, and other materials (“Content”), is intended for informational and educational purposes only. The Website does not provide medical advice. The Content is not intended to be a substitute for professional medical advice, and should not be used during any medical emergency or for the diagnosis or treatment of any medical condition. Always seek the advice of a licensed physician or other qualified health provider regarding any and all medical condition and before starting any new treatment. Never disregard or delay seeking professional medical advice because of something you have read on The Modern Belly Website. Call 911 for all medical emergencies.

While The Modern Belly strives to keep the Content that it posts on the Website accurate, complete, and up-to-date, The Modern Belly cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by The Modern Belly or its licensors, vendors and/or service providers, or by Users of the Web Site. The Modern Belly does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Any opinions, advice, statements or other information expressed or made available by Users or third parties are those of the respective User or other third party and not of The Modern Belly. Reliance on any information provided by the Website, others appearing on the Website at the invitation of The Modern Belly, or other User of the Website, is solely at your own risk.

Intended Audience

This Website is directed to adults and is not intended for or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Use of Content

This Website is owned by The Modern Belly. All rights to, title to, and interest in the Content available via the Website, the Website’s “look and feel”, trademarks, trade dress, and the Website URLs, are the property of The Modern Belly, its licensors, vendors and/or service providers. Content that is provided by The Modern Belly, its licensors, vendors and/or service providers, including without limitation text, images, photos, graphics, music, audio, videos, podcasts, and brand identifiers, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of The Modern Belly or its licensors, vendors and/or service providers. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of The Modern Belly. All rights not expressly granted herein are reserved to The Modern Belly, its licensors, vendors and/or service providers. The Modern Belly may make certain Content available to you on or through the Website for download, installation, and/or streaming. Such Content is subject to the same Terms of Use applicable to all Content provided by The Modern Belly, its licensors, vendors and/or service providers. You may not use such Content in a manner that exceeds the extent expressly authorized for the particular Content. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Registration

To access certain features of this Website, you may be required to provide personal and/or demographic information as part of a site registration or log-in process, or log in using your Facebook login information. You agree to provide true, accurate, current and complete information as prompted by the applicable registration or log-in form, and you are responsible for keeping such information updated (including your contact information, so that we can reliably contact you). You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for all activity occurring when this Website is accessed through your account, whether authorized by you or not. The Modern Belly is not liable for any loss or damage arising from your failure to protect your username or password. You agree to immediately notify The Modern Belly of any unauthorized use of your username or password or any other breach of security related to your account, your username or this Website.

By using the Website through Facebook, you permit The Modern Belly to access certain information from your Facebook profile for use by the Website. You may control the amount of information that is accessible to The Modern Belly by adjusting your Facebook account privacy settings. By using the Website, you are authorizing The Modern Belly to collect, store, retain, and use indefinitely, in accordance with its Privacy Policy, any and all information that you permitted Facebook to provide to The Modern Belly.

Rules and Conduct

As a condition of use, you promise not to use the Website for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Website.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Website, including without limitation any User-Generated Content, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, offensive, profane, or is otherwise inappropriate as determined by The Modern Belly in its sole discretion;
  • constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, bulk email, spam or chain letters;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of The Modern Belly or any third party;
  • impersonates any person or entity, including any employee or representative of The Modern Belly; or
  • includes anyone’s identification documents or sensitive financial information.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by The Modern Belly in its sole discretion) an unreasonable or disproportionately large load on The Modern Belly’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) bypass, circumvent or attempt to bypass or circumvent any measures The Modern Belly may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to the Website); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Website; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (vi) harvest or scrape any Content from the Website; or (vii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Website, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

The Modern Belly does not guarantee that any Content or User-Generated Content will be made available on the Website. The Modern Belly has no obligation to monitor the Website, Content, or User-Generated Content. However, The Modern Belly reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User-Generated Content, from the Website at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if The Modern Belly is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User-Generated Content from the Service. The Modern Belly also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of The Modern Belly, its users and the public.

You are independently responsible for complying with all applicable laws in all of your actions related to your use of The Modern Belly’s services, regardless of the purpose of the use.

Linking Policy and Third Party Sites

This Website may contain links to other websites or to third party sellers of products and services, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites and resources are not under The Modern Belly’s control, and you acknowledge that The Modern Belly is not responsible or liable for the content of any such sites, or the products and services sold on them, nor does it take responsibility for the accuracy of any such sites. The inclusion of any such link does not imply The Modern Belly’s endorsement or any association between The Modern Belly and their operators. You further acknowledge and agree that The Modern Belly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Disclaimer of Warranty

The Modern Belly has no special relationship with or fiduciary duty to you. You acknowledge that The Modern Belly has no control over, and no duty to take any action regarding which users gain access to the Website; what Content you access via the Website; or how you may interpret or use the Content.

You release The Modern Belly from all liability for you having acquired or not acquired Content through the Website. The Modern Belly makes no representations concerning any Content contained in or accessed through the Website, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material or Content contained in or accessed through the Website.

The Website and Content are provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, The Modern Belly expressly disclaims all representations and warranties of any kind with respect to the Website, the Content and any other products or services available on or through this Website, express or implied, including, but not limited to, any and all warranties of non-infringement and title; of merchantability and fitness for a particular purpose; and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, agents, directors, contractors, service providers and representatives from and against all liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising from or relating to your use or misuse of, or access to, the Website, Content, or otherwise from your breach or alleged breach of these Terms of Use, or your breach or alleged breach of the copyright, trademark, proprietary or other rights of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL THE MODERN BELLY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Arbitration

You agree that all disputes between you and The Modern Belly (whether or not such dispute involves a third party) with regard to your relationship with The Modern Belly, including without limitation disputes related to these Terms of Use, your use of the Website, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and The Modern Belly hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor The Modern Belly will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if The Modern Belly is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either The Modern Belly or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration clause will be null and void. This arbitration agreement will survive the termination of your relationship with The Modern Belly.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of this User Agreement shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.

Termination

This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website at any time. The Modern Belly may terminate or suspend your access to the Website at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your account. The Modern Belly may also terminate or suspend any and all services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to access the Website and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Complete Agreement

Except as expressly provided in a particular “legal notice” on The Modern Belly Website, these Terms of Use and The Modern Belly’s Privacy Policy constitute the entire agreement between you and The Modern Belly with respect to the use of The Modern Belly Website and Content.

 

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