Welcome to Blooming Eve, the fertility platform that allows women with or without fertility benefits to get the best quality care at a lower cost. This Agreement explains the terms and conditions that are applicable to your usage of our website, clinic referrals, advice and community (collectively, our “Service”). By accessing or using our Service, or by signing the section marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms and Conditions of our Service (this “Agreement”), whether or not you are a registered user of our Service, and if you do not agree to the terms of this Agreement, you may not use our Service. By accessing or using our Service, you declare that you have read and understood the information about the collection and use of your personal information as set forth in our Privacy and Security section below. We reserve the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”).
You have partnered with us to get access to higher-quality fertility care. Through our Service you may be able to, among other things, schedule an appointment with fertility clinics, schedule chats with a health or wellness professionals, or browse a wealth of articles and videos. Our Services are for your personal, noncommercial, home use only.
The Services are offered and available only to users who are 18 years of age or older. Any use or access by anyone under 18 is strictly prohibited and in violation of this Agreement. This Agreement is a contract between you and us. You may use the Service only if you can form a binding contract with us, and only in compliance with all applicable local, state, laws, rules and regulations.
Payment for our Service
If you choose to use on-demand fertility advisor call services, you agree to pay $50 ("Fee") prior to the service. We have 24 hours cancellation policy: if the call is canceled within less than 24 hours from the appointment, 100% of the amount paid will be withheld. By providing your selected payment method, you authorize Blooming Eve (through its payment provider) to charge the applicable card or account and warrant that you are the cardholder or account holder. Your purchases may also be subject to sales tax or any other taxes or duties at the point of sale where applicable.
Changes to our Service
We strive to continuously improve and make our Service better for you. As a result, we may, without prior notice, need to change or stop our Service or features of our Service, to you or to Users generally. We may make these changes without prior notice for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. If we take any of the actions set out above, we will notify you as soon as possible.
Privacy and Security
Your privacy and security of your Personal Identifiable Information (PII) is important to us. You understand and acknowledge that by using our Services your PII and/or anonymized data will be collected, used, and disclosed, and that your PII will be collected, used, transferred to and processed in the United States. We cannot guarantee that unauthorized third-parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your PII at your own risk.
Our Community and Forums
You are solely responsible for all content that you post, upload, store, transmit, or otherwise provide through our Services Community and Public Forum. Our Users might submit, share, and publish content that do not reflect the views of Blooming Eve and are not supported, endorsed or agreed by Blooming Eve. Content that we believe may be offensive or violates laws will be removed by Blooming Eve.
Blooming Eve Proprietary Rights
Our name, brands, logos, slogans and other trademarks are our trademarks belong exclusively to us. You may not use without prior written permission.
By providing us with your email address, we may use it to send you Service-related notices, including any notices required by law. We may also use your email address to send you promotional messages, such as information about new features of the Service or content you may be interested in.
By providing us with your phone number, we may use it to send you SMS/text messages. We do not charge for our SMS/text messaging, but you are responsible for all charges and fees associated with SMS/text messaging that may be imposed by your network provider.
No Professional Advice Blooming Eve is not a Health Care Provider
OUR SERVICE MAY PROVIDE GENERAL HEALTH AND WELLNESS INFORMATION, A MEANS TO INTERACT WITH HEALTH OR WELLNESS PROFESSIONALS, OR ORDER MEDICATIONS PRESCRIBED TO YOU. THE SERVICE DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY HEALTH CARE PROVIDER, PRACTITIONER, HEALTH OR WELLNESS PROFESSIONAL OR SERVICE, AND BLOOMING EVE ITSELF DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATMENT. NONE OF THE BLOOMING EVE CONTENT SHOULD BE CONSIDERED MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDICATION, SUPPLEMENT, TEST, DEVICE, OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. OUR SERVICES AND CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR RECOMMENDATION REGARDING MEDICATION.
Third Party Materials
Our Service may contain links to third-party websites, information, materials, products, or services that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services.
Interactions with Healthcare Professionals
Your interactions with Healthcare Professionals or Care Providers are solely between you and the applicable Health Care Professionals or Care Provider. You acknowledge that this Agreement does not apply to your interactions with Healthcare Professionals or the services you receive from them nor to any information, including PII, that you may provide to Healthcare Professionals or Care Providers.Any disputes between you and a Healthcare Professional, or any third-party, including but not limited to Care Providers, are solely between you and the applicable Health Care Professional or third-party and you agree that we have no obligation to become involved.
You agree to defend, indemnify and hold Blooming Eve harmless and our agents, managers, and other affiliated companies, and their employees and contractors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (ii) your violation of any third-party right, including without limitation any right of privacy or intellectual property right; (iii) your violation of any applicable law, rule or regulation; (iv) your negligence or more culpable acts or omissions (including but not limited to your gross negligence, fraud, or willful misconduct); (v) any dispute you may have with a Healthcare Professional, or (vi) any dispute you may have with a Care Provider.
Our Service is provided on an “AS IS” and “AS AVAILABLE” basis. Use of our Service is at your own risk. To the maximum extent permitted by applicable law, our Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through our Service will create any warranty not expressly stated in this Agreement.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall we, our agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, our Service.To the maximum extent permitted by applicable law, we assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service or any content available from this day on; (iii) any interruption or cessation of transmission to or from our Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third-party; (v) User Content or the conduct of any third-party. To the maximum extent permitted by applicable law, in no event shall we, our agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $100.00. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement apply to the fullest extent permissible under applicable law but will not apply to the extent prohibited by applicable law.
Jury Trial Waiver
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BLOOMING EVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
All other claims, disputes, or controversies will be resolved under the laws of the State of New York, without respect to its conflict of laws principles. For any claims, disputes or controversies that are not subject to mandatory arbitration under this section, you and Blooming Eve agree that (i) the federal and state courts located in New York, New York will be the sole and exclusive forum for resolution of the claim.
This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with our Service, shall constitute the entire agreement between you and us concerning our Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
All provisions of the Agreement which by their nature shall survive termination.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.