Terms of Service

Terms of Service
Please read these Terms of Service (collectively with Privacy-Policy the “Terms of Service”) fully and carefully before using http://infertileaf.org (the “Company”) and the services, features, content or events offered by InfertileAF, LLC d/b/a InfertileAF (“we”, “us” or “our”) (together with the Company, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Company and the Services.
1. Acceptance of Terms of Service.
a. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Company, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Company by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
b. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.c. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

2. Eligibility. 
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria of the Services at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you. Your right to access the Services is revoked where these Terms of Service or use of the Services is prohibited, or to the extent the offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

3. Definition. 
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, music, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

4. User Content. 
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You expressly represent and warrant (i) that all User Content provided by you is accurate, complete, and up-to-date; (ii) that all User Content provided by you is in compliance with all applicable laws, rules and regulations and does not violate or infringe on any third party’s rights, including but not limited to privacy rights, rights of publicity, copyright, trademark, trade secret, patent and/or any other intellectual rights; (iii) that you own or have obtained from third parties the necessary licenses, rights, consents, and/or permissions to publish User Content that you submit and to grant us a worldwide, royalty free, sublicensable, assignable, non-exclusive license in such User Content, as provided in Section 4.e. below; and (iv) that all User Content submitted by you complies with the Rules of Conduct set forth in Section 5.b. below.

5. Notices and Restrictions. 
The Services, including but not limited to documents, brochures, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service contains Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted hereunder. You acknowledge that all Content, including but not limited to User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

6. Use License. 
Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, non-assignable and non-transferable license to use (i.e., to download and display locally) Content (other than your own User Content) solely for purposes of using the Services for the user’s personal, non-commercial use, and only within the functionality of the Service. Use, reproduction, public performance, modification, distribution or storage of any Content (other than your own User Content) for any reason other than using the Services for personal, non-commercial use is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates these Terms of Service or any third party right.

7. Availability of Content. 
As a condition of use, you acknowledge that we are generally a passive host of user-generated content and we do not have any obligation to review or otherwise pre-screen Content, including but not limited to User Content. We do not guarantee that any Content will be made available on the Company or through the Services. We reserve the right to, but do not have any obligation to, (i) pre-screen, refuse and/or remove any Content in our sole discretion, 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 we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services. Furthermore, we reserve the right to restrict or prohibit your use of InfertileAF if we believe you are violating any of the terms of this Terms of Service and to remove, edit, or relocate any User Content as we see fit, whether for legal or other reasons.
a. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
b. You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for other than your personal information.  These restrictions will apply except in cases where the Company otherwise agrees in writing, including without limitation any User Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or any other right of any other person or entity or violates any law or contractual duty;
ii. you know or reasonably believe is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
c. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, 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 us, our users and the public.

i. infringes any patent, trademark, trade secret, copyright, right of publicity or any other right of any other person or entity or violates any law or contractual duty;
ii. you know or reasonably believe is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

8. Disclaimer of Warranties
Except as expressly provided otherwise, the Company disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. the Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.

9. InfertileAF Coaching and Wellness Subscription Membership
Your initial membership 
payment of sixty-nine dollars ($69usd) for the first month is non-refundable once you access the membership site.  Once this payment is processed, your subscription membership begins.  The membership payment of sixty-nine ($69usd) is automatically processed each month (30 days) thereafter until the membership is canceled.  To cancel your membership, contact info@infertileAF.org at least 14 days before your next scheduled payment is due or prior to the 15th day of the current month.


10. Termination
We reserve the right in our sole discretion to refuse or terminate your access to our Coaching and Wellness Program trainings, Products, Services and/or our Program Materials, Website, e-mail communications, or any other method of communications related to our Coaching and Wellness Program trainings, Products or Services at any time without notice.  Should you or we wish to terminate the Coaching and Wellness Program trainings, Products or Services at any time, these termination terms will apply to you as well, even after termination by either of us.  In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Coaching and Wellness Program trainings, Products, Services or our Website, e-mail or any or other methods of communications affected by such cancellation or termination.  The restrictions imposed on you with respect to Coaching and Wellness Program training Materials and the Coaching and Wellness Program trainings, Products or Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms and Conditions, shall survive such termination of your access and apply in full force.

11. Dispute Resolution
It is hoped that should we ever have any differences, we could be able to work them out amicably through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly in the state of Illinois, in accordance with the American Arbitration Association Rules.  Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction.  Prior to seeking arbitration, you must submit your complaint to InfertileAF, LLC via e-mail. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.
By signing up/enrolling/purchasing for any of our Training Programs, Products and Services you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever.  You also agree that should arbitration take place, it will be held in McHenry County, IL, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement. 
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Training Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

12. Miscellaneous.
a. Governing Law. This Agreement shall be governed by the laws of the State of Illinois, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction for any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in Chicago, IL.
b. Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of the Company, which are not included in this Agreement, shall be binding on the Company or its affiliates.
c. Amendments. Neither you nor the Company may modify or amend this Agreement, in whole or in part without the prior written consent of both you and an authorized representative of the Company. However, the Company may replace this Terms of Service Agreement from time to time and your subsequent use of the Site, or any content, programs or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Terms of Service Agreement regularly for any modifications.

d. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and the Company. The Company’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
e. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
f. Miscellaneous. This Agreement shall inure to the benefit of the Company and its subsidiaries and affiliates. Any and all references in this Agreement to the Company and its affiliates shall, where the context so permits include the Company’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors, and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content or third-party software on or through a link provided on the Site.

g. Assignment. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
h. Modifications to Site. The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. the Company endeavors to keep the information posted on this Site current, however, such information is subject to change at any time without notice to you and the posted information on this Site may not immediately reflect such changes.
i. Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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.
j. Communication. Any communications sent to you via this Site or otherwise from the Company (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any technology, tools, resources or wellness activities) are provided for informational and educational purposes only and are not intended to provide legal, professional, financial, or medical advice and should not be relied upon in that regard. Your mental and physical wellness is unique. Therefore, you should independently consult a trained professional should you require professional guidance.



The InfertileAF Coaching and Wellness community (“Community”) is a social network in which personal information may be exchanged between participants.  You are entirely responsible for deciding how much of your personal information you wish to share in the Community.  The Company will not share, sell, or rent the personal information of its members to third-party businesses, however, we cannot guarantee the confidentiality of any of the information you choose to share in the Community.  Please review our Privacy Policy to learn how we manage personal information.  By taking part in this Community, you agree to keep members' information confidential.
The InfertileAF Coaching and Wellness Program does not guarantee results.  It is also not a replacement for health/medical care.  If you require health, medical, psychiatric, and/or psychological care, you are advised to retain the services of a licensed medical professional.  The sole purpose of the Company and its InfertileAF Coaching and Wellness Program is to provide educational materials and coaching in the area of self-coaching.
Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the InfertileAF Coaching and Wellness Program.  By participating in the Community you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the information and content provided to you.  In no event shall the Company be held liable for any injury, loss or damage resulting from the use of, or reliance upon, the Program materials.
We reserve the right in our sole discretion to refuse or terminate your access to our Coaching and Wellness Program trainings, Products, Services and/or our Program Materials, Website, e-mail communications, or any other method of communications related to our Coaching and Wellness Program trainings, Products or Services at any time without notice.  Should you or we wish to terminate the Coaching and Wellness Program trainings, Products or Services at any time, these termination terms will apply to you as well, even after termination by either of us.  In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Coaching and Wellness Program trainings, Products, Services or our Website, e-mail or any or other methods of communications affected by such cancellation or termination.  The restrictions imposed on you with respect to Coaching and Wellness Program training Materials and the Coaching and Wellness Program trainings, Products or Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms and Conditions, shall survive such termination of your access and apply in full force.
Please contact us if you have any questions or concerns regarding these terms.
Contact. You may contact us at: info@infertileaf.org
Additional Contact Information:
InfertileAF, LLC
c/o Tia Gendusa & Lindsay Fischer
400 Orchard Street
Fox River Grove, IL 60021
Effective: April 30, 2019