Terms and Conditions

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE (this “Site”), as they apply to, govern, and control, along with the Privacy Policy accessible on the Site, your use of and access to the Site and all of the information and materials displayed, communicated, or otherwise made available on the Site (the “Content”). By accessing or using the Site and the Content, you (a) acknowledge that you have read and understand these Terms and Conditions of Use, and (b) acknowledge, understand, consent, and agree that all of your use of and access to the Site and the Content is governed and controlled by these Terms and Conditions of Use, as may be amended, supplemented, updated, altered, revised, or otherwise modified from time to time.

  1. User Obligations

By accessing or using this Site and the Content, you agree to comply in all respects with, and be bound by these Terms and Conditions of Use, as they may be supplemented, amended, updated, revised, or otherwise modified from time to time and all applicable laws, as may be amended from time to time. If you do not agree to these Terms and Conditions of Use you may not access or use this Site or any Content.

  1. Privacy

In order to ensure the protection of personal information voluntarily submitted by visitors to and users of the Site, we have implemented a Privacy Policy, which is incorporated herein by reference. We reserve the right, in our sole discretion, to supplement, amend, revise, alter, update, or otherwise modify the Privacy Policy from time to time as we may deem necessary. In addition to these Terms and Conditions of Use, your access to and/or use of the Site and the Content signifies and constitutes your agreement to be bound by and subject to the Privacy Policy and the terms and conditions thereof, as may be supplemented, amended, revised, altered, updated, or otherwise modified from time to time. The Privacy Policy is accessible from the Site. Please refer back to the Privacy Policy on a regular basis to make sure you are at all times aware of the most up-to-date Privacy Policy. As more particularly set forth in the Privacy Policy, we do not knowingly collect, store, use, or disclose personal information from persons under the age of thirteen. If you are under 18, you may access and use the Site only with permission of a parent or guardian who has also agreed to be bound by these Terms and Conditions of Use on your behalf. If you are under the age of 13, you are not permitted to access or use the Site.

Parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. You may obtain information identifying current providers of such control protections on the websites GetNetWise (http://kids.getnetwise.org) and OnGuardOnline (http://onguardonline.gov). We do not warrant or endorse, and are in no way liable for, any of the information, products, or services identified, listed, or otherwise made available on any such websites.

  1. Use of Site; Personal and Non-Commercial Use Limitation.

The Site is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, materials, other content, software, products, or services obtained from the Site.

We may provide opportunities for users of the Site to communicate directly or indirectly with us on or through the Site, including by way of example via e-mail and/or chat functions. We may also provide information to users of the Site to reach out to us via telephone. Any such communications submitted or transmitted, or attempted to be submitted or transmitted, by you or on your behalf, whether by e-mail, chat, telephone, or otherwise, shall hereinafter be referred to as “Communications.” By sending emails or other electronic Communications to us on or through the Site, you consent to receive electronic communications from us and you agree that all notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing. You may notify us that you do not wish to receive any communications from us by providing notice via the Contact page of the Site.

  1. No Unlawful or Prohibited Use; Intellectual Property.

As a condition of your access to and use of the Site, you warrant and represent that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s access and use of the Site.

Any use or publication of offensive, defamatory, obscene, lewd, threatening, harassing, abusive, hateful, illegal, or otherwise inflammatory language or material, or language or material that is invasive of privacy or publicity rights, as determined by us in our sole and exclusive judgment and discretion, by you in any form is expressly prohibited. In addition, you shall not (a) harass or annoy other users of the Site, (b) use the Site or Content for any lawful purpose, (c) impersonate others or otherwise hold yourself out as being someone else on the Site, (d) engage in or promote conduct that is offensive, illegal, or violates these Terms and Conditions of Use, or (d) transmit illegal information or material on or through the Site. Any such prohibited content, conduct, or use may result in the denial of your access to and use of the Site, as well as the pursuit by us of any demands, claims, actions, and remedies against you, and any other additional consequences, that are available to us and are permissible under law.

Womens Mobile Clinic and the corresponding logo is an unregistered trademark of the owner of the Site. Other names, words, logos, phrases, insignias, designs, graphics, icons, or marks used or displayed on the Site may be registered or unregistered trademarks or service marks of the owner of the Site or third parties. While certain trademarks or service marks of third parties may be used or displayed on the Site, such usage or display does not indicate or otherwise create or imply any relationship or affiliation between us and the owner of the trademark or service mark, nor does it indicate or suggest that we endorse, promote, warrant, guarantee, or recommend the goods, services, products, procedures, business, or other information affiliated with or evidenced by such trademark or service mark or the owner thereof.

The information and material comprising the Content, as well as the software embedded in or located on the Site, including without limitation computer codes, files, and images contained in or generated by such software (collectively, “Software”), is protected by applicable copyright laws and is owned by either us, a licensor, or other third party attributed with ownership of the particular information, material, or Software as the case may be. All intellectual property rights in and to the Site, the Content, and Software are reserved by the owner of the Site, our licensors, or other third parties, as applicable. We grant you permission to access and use the Content made available on the Site in connection with and for the limited purpose of your personal, non-commercial use of the Site only. You may not otherwise use the Content for any other purpose, and you may not download, modify, reproduce, publish, display, transfer, sell, distribute, or otherwise convey any Content or Software, in any form or by any means, without the express prior written consent of the owner thereof, and, with respect to any Software, subject to any additional conditions which may be imposed on your access to and use of such Software. Requests can be sent to us by going to the Contact page of the Site and submitting your request.

  1. International Users.

The Site is controlled, operated, and administered by us within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all applicable laws. You agree that you will not use the Site or the content accessed on or through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

You agree to release, indemnify, and hold harmless the owner of the Site, as well as its directors, officers, employees, agents, representatives, successors, and assigns, from and against any and all claims, demands, actions, causes of action, loss, damages, injuries, costs, and expenses (including but not limited to reasonable attorneys’ fees), directly or indirectly arising out of, resulting from, related to, or otherwise in connection with (a) your actual or alleged breach of any of the terms and conditions of these Terms and Conditions of Use, (b) the Site, the Content, and any other information and materials on the Site, (c) your use of, misuse of, access to, inability to access or use, or reliance upon the Site, any Content, and any linked website and the content thereof, (d) your use or misuse of, reliance upon, or uploading or downloading of any information or materials on or from the Site, and/or (e) your submission or transmission, or attempted submission or transmission, of any Communications to the owner of the Site and any response(s) thereto.

  1. Disclaimer of Warranties. 

You assume all responsibility and risk for your access to and use of the Site and the Content. The Site and any and all Content, including without limitation any items or products offered or otherwise made available on or through the Site, are provided on an “AS IS” and “WHERE IS” basis. We make no representations, warranties, guaranties, or covenants, express or implied, regarding the Site and the Content; and, thus, hereby specifically and expressly disclaim, and you hereby acknowledge such disclaimer of, any and all warranties, guaranties, representations, or covenants of any kind, character, or type, express or implied, past, present, or future, of, with respect to, or concerning the Site and the Content. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, ARISING BY OPERATION OF LAW, OR OTHERWISE, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE SITE AND THE CONTENT.

  1. Limitation of Liability.

To the maximum extent permitted by applicable law, in no event shall we be liable for any actual, direct, indirect, punitive, incidental, special, consequential, or any other damages of any kind whatsoever including, without limitation, damages for loss of use, data or profits, arising out of, resulting from, related to, or in any way connected with (1) your access to or use or performance of the Site, (2) the delay or your inability to access or use the Site or any Content, (3) the provision of or failure to provide products, services, or functions accessed by and through the Site, (4) any information, software, products, services, and graphics obtained on or through the Site, or (5) any other injury, damage, or loss otherwise arising out of your access to or use of the Site or any Content, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of injury, damages, or loss. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitation with respect thereto may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these terms and conditions of use, your sole and exclusive remedy is to discontinue using the Site.

The communication of information over the Internet, whether sent or received, is generally not secure. Notwithstanding any other provision of these Terms and Conditions of Use or the Privacy Policy, and in no way expanding the scope of privacy protections that may be set forth therein, we cannot, and do not, warrant or guarantee the confidentiality or security of any information in the transmission thereof to or from the Site.

  1. Termination/Access Restriction.

Notwithstanding any other provision of these Terms and Conditions of Use, we reserve the right in our sole and exclusive discretion to terminate or suspend at any time, with or without notice, your or any other user’s access to and use of the Site, the Content, and any part thereof. Upon any such suspension or termination of access and/or use, you will no longer be authorized to access or use that portion of the Site or Content to which the suspension or termination applies, up to and including the entire Site. The duties, obligations, limitations, and restrictions imposed upon you under these Terms and Conditions of Use shall survive any such suspension or termination, and we shall in no way be liable to you or any third party as a result of any such suspension or termination.

  1. Modifications to Terms and Conditions of Use.

We reserve the right, in our sole discretion, to amend, supplement, update, alter, revise, or otherwise modify these Terms and Conditions of Use at any time and for any reason. Any such amended, supplemented, updated, altered, revised, or modified Terms and Conditions of Use shall be binding upon all visitors to and users of the Site and immediately effective upon the posting thereof to the Site. Your continued access to and use of the Site upon the posting of any amended, supplemented, updated, altered, revised, or modified Terms and Conditions of Use constitutes your acknowledgment, acceptance, and agreement thereto and to be bound thereby. You are responsible for regularly reviewing these Terms and Conditions of Use for any amendment, supplement, update, alteration, revision or other modification.

  1. Governing Law; Exclusive Venue.

Your access to and use of this Site, as well as these Terms and Conditions of Use, shall be governed by and construed in all respects by and in accordance with the laws of the state of Texas, without giving effect to conflict of laws provisions. The exclusive venue for any claim, action, dispute, or lawsuit resulting from, arising out of, or to construe or enforce these Terms and Conditions of Use and your access to and use of the Site and the Content shall be a court of competent jurisdiction in and for Collin County, Texas. Any cause of action or claim you may have with respect to the Site and/or your access to and use thereof must be commenced within one (1) year after the claim or cause of action arises.

By accessing or using this Site, you agree that we, at our sole discretion, may require you to submit any disputes arising out of, relating to, resulting from, or otherwise in connection with the access to and/or use of this Site, or these Terms and Conditions of Use concerning or including disputes arising from or concerning their interpretation, violation, nullity, or invalidity, as well as disputes about filling gaps in these Terms and Conditions of Use or their adaptation to newly arisen circumstances, to final and binding arbitration conducted in accordance with the Rules of Procedure for the American Arbitration Association. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Texas, without giving effect to conflict of laws provisions as set forth in the previous section.

In the event we elect to require binding arbitration in accordance herewith, binding arbitration shall be the sole remedy for any controversy, claim, or dispute arising out of or related to these Terms and Conditions of Use or your access to and/or use of the Site; and, accordingly, in the event of such election you will expressly waive your rights to file (except to enforce an arbitration decision) or continue a lawsuit. Arbitration shall be held in Collin County, Texas.

  1. Severability; Savings.

Should any provision or part of these Terms and Conditions of Use for any reason whatsoever be adjudged by any court of competent jurisdiction, or be held by any other competent government authority having jurisdiction, to be invalid, unenforceable, or illegal, such judgment or holding shall not affect, impair, or invalidate the remainder of these Terms and Conditions of Use, but shall be confined in its operation to the provision or part of these Terms and Conditions of Use declared to be invalid, unenforceable, or illegal, and the remainder of these Terms and Conditions of Use shall remain in full force and effect. Moreover, a determination of invalidity, unenforceability, or illegality shall be limited to only those jurisdiction(s) that adjudge or otherwise hold such provision or part to be invalid, unenforceable, or illegal, and such provision or part shall remain in force and effect in other jurisdictions where it is valid, enforceable, and legal. If necessary, the provision or part that is determined to be invalid, unenforceable, or illegal may be replaced or modified by way of amendment of these Terms and Conditions of Use, with language that is valid, enforceable, and legal and that preserves the intent of such provision or part.

  1. No Waiver.

Any failure on our part to enforce at any time any one or more of the terms or conditions of these Terms and Conditions of Use shall in no way be or constitute a waiver by us of such terms or conditions or of our right to enforce such terms or conditions at any other time, nor shall it be a waiver of or otherwise affect our right to enforce any other term or condition of these Terms and Conditions of Use.

  1. Entire Agreement.

These Terms and Conditions of Use, as may be modified from time to time, and the Privacy Policy referenced and incorporated herein, as may be modified from time to time, constitute the entire agreement with respect to your access to and use of the Site and the Content as well as any and all other subject matter hereof and supersede and replace any and all prior and contemporaneous agreements and understandings in connection therewith. No covenant or condition that is not expressed in these Terms and Conditions of Use shall affect or be effective to interpret, change, or restrict these Terms and Conditions of Use. There are no representations, agreements, or inducements other than those set forth expressly and specifically in these Terms and Conditions of Use upon which you have relied to agree to and accept these Terms and Conditions of Use.

  1. Headings and Captions.

The headings and captions used in these Terms and Conditions of Use are for convenience only and shall not limit, expand, affect, alter, or otherwise modify the meaning of any text.

  1. Attorneys’ Fees, Costs, and Expenses.

Should we demand, file suit, or otherwise claim or defend the enforcement of these Terms and Conditions of Use, we may recover our reasonable and necessary attorneys’ fees, together with all costs and expenses, incurred with respect thereto.

  1. Complaint Procedures.

Any suspected or known violations of these Terms and Conditions of Use or misuse of the Site or the content should be reported to us immediately by submitting a communication to us by providing notice via the Contact page of the Site.

WomensMobile.com is a domain name and corresponding website owned and operated by Online for Life, Inc. a Section 501(c)(3) non-profit organization.

 

Version 5/28/15