Terms of Use

TERMS AND CONDITIONS OF USE

PLEASE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE, SUBSCRIBING TO THIS SITE AND/OR PARTICIPATING IN ANY OF THE SERVICES.

If you do not agree to the Terms and Conditions of use, do not use this Site.

Forward Health (“Forward Health”) may revise and update these Terms and Conditions at any time. Your continued usage of PregnancyGirl.com (“Pregnancy Girl,” or the “Site”) will mean that you accept those changes.

By accessing, viewing, or using the content, material, or services available on or through the Site, you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting (“you”), acknowledge that you have read and understand the following terms and conditions (“Terms and Conditions”) and that you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting, agree to them and intend to be legally bound by them. These Terms and Conditions may be changed at any time. Any change to these Terms and Conditions shall be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of such changes. Notice of any new or revised Terms and Conditions will be posted on the Site for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to the Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made. If you do not agree to all of these Terms and Conditions of Use, do not view or use this site

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

The contents of the Site, including, but not limited to text, graphics, images, information obtained from Forward Health’s licensors, and other material contained on the Site (“Content”) are for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.

If you think you may have a medical emergency, call your doctor or 911 immediately. Forward Health does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Forward Health, Forward Health employees, others appearing on the Site at the invitation of Forward Health, or other visitors to the Site is solely at your own risk. If you do not agree with the Terms and Conditions of Use, you should cease your use of this Site immediately.

Proprietary Rights

All works of authorship, information, Content, functional components, and material appearing on or contained in this Site (“Site Materials”) are protected by law, including but not limited to, United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including, but not limited to, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are Forward Health’s copyrighted works, all rights reserved, or the copyrighted works of Forward Health’s affiliates, licensors, or suppliers. Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of Forward Health, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of Forward Health, without Forward Health’s advance written consent, is prohibited. The sole exception to this prohibitions in this paragraph shall be a limited consent for search engines (such as, for example, www.google.com) to index the Site for the sole purpose of making the Site Materials searchable through their services. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Forward Health or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.

Third Party Materials, Products and Services

Parties other than Forward Health may provide products or services on the Site. Use of this Site and the Site Materials and any other material or Content on and made available through this Site is entirely at your own risk. Forward Health expressly disclaims any and all responsibility for or related to the products or services provided by or advertised by these third parties or the transactions you conduct or enter into with these third parties. Additionally, this Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Forward Health expressly disclaims any and all responsibility for the Content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites.

Materials Submitted to the Site

This Site is for personal use only. You may not permit anyone other than you to use your user name or password. By using this Site, by submitting information and Content to this Site (“User Materials”), you represent that you have the full legal right to provide the User Materials and that use of the User Materials by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation (collectively, “Law”); (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, harms minors in any way, indecent, or embarrassing, or which discloses to any third person any private or personal matters concerning any person, all of which shall be determined by Forward Health in its sole discretion.; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such of that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know-how; (i) post, transmit, or distribute advertisements, promotions, or solicitations without the prior written approval of Forward Health or (j) constitute disclosure of any confidential information owned by any third party. Upon submission of User Materials, or other material or information to Forward Health, you grant Forward Health a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense the User Materials for the purpose of providing the Site and Site products and services and for all other business purposes of Forward Health, provided that, with respect to multimedia materials, which are User Materials that are not text, such as audio or video files, such license may be terminated by you upon written notice to Forward Health when you delete such multimedia materials from the Site. The scope of the license that you grant to MTS in this paragraph is limited by applicable law. Forward Health may remove User Materials from the Site that are libelous, incorrect, spiteful, or otherwise inappropriate, in Forward Health’s sole discretion. Forward Health shall not be responsible for changes, modifications, or removal any User Materials that you submit to the Site.

Forward Health has a Privacy Policy setting out Forward Health’s online information gathering and dissemination practices with respect to the Site. Please view the Privacy Policy, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.

DISCLAIMER OF WARRANTY AND LIABILITY

THIS SITE, THE SITE MATERIALS AND USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, INCLUDING BUT NOT LIMITED TO RATING INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.

FORWARD HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE USER MATERIALS, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, INCLUDING BUT NOT LIMITED TO RATING INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU.

FORWARD HEALTH SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITH BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, THE USER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF FORWARD HEALTH TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING SIX MONTHS FOR USE OF THIS SITE.

TO THE EXTENT THAT MATERIALS ON THIS SITE PERTAIN TO MEDICINE, LAW, OR ANY OTHER REGULATED PROFESSION, THEY ARE ON THE SITE FOR INFORMATIONAL PURPOSES ONLY, STRICTLY AS A CONVENIENCE TO THE USER, AND AS A STARTING POINT FOR RESEARCH. NOTHING ON THIS SITE SHALL CONSTITUTE THE PRACTICE OF MEDICINE, LAW OR ANY OTHER REGULATED PROFESSION. USERS ARE DIRECTED TO SEEK COMPETENT ADVICE CONCERNING THESE MATTERS FROM A LICENSED PROFESSIONAL.

Corrections and Changes

Forward Health endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Forward Health is not responsible for any errors or omissions in the Site or Site Materials. Forward Health may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time, and Forward Health makes no commitment to update the information contained on or in this Site.

Indemnification

You agree to defend Forward Health and its directors, officers, employees, agents, and contractors (“Forward Health Indemnitees”) against all claims, actions, suits, and other proceedings of third parties (“Claims”) arising out of or incurred in connection with this Site and your use of this Site, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms and Conditions and shall indemnify and hold Forward Health Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Forward Health.

Liability for Losses Stemming from Use of the Internet

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither Forward Health nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Advertisements, Searches and Links to Other Sites

Forward Health may select certain sites as priority responses to search terms you enter and Forward Health may agree to allow advertisers to respond to certain search terms with advertisements or sponsored Content. Forward Health does not recommend and does not endorse the content on any third-party websites. Forward Health is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their Content or accuracy. Your use of third-party websites is at your own risk and subject to the Terms of Use for such sites. Forward Health does not endorse any product advertised on Site.

Notice, Takedown Procedure, and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Forward Health and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Forward Health’s agent for copyright issues relating to this Site is as follows:
Forward Health
Attn: Office of Copyright
copyright@PregnancyGirl.com

In an effort to protect the rights of copyright owners, Forward Health maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

General

Forward Health is controlled and operated from within the United States of America. Forward Health makes no claims that the Site’s Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Forward Health, or in any way relating to your use of the Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Forward Health or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, these Terms and Conditions of Use and the Forward Health Privacy Policy constitute the entire Agreement between you and Forward Health with respect to the use of the Site and Content.

Thank you for your cooperation. We hope you find the Site helpful and convenient to use. For questions or comments regarding the Pregnancy Girl Site, including any reports of non-functioning links, please contact us.

Effective: February 2009