Welcome to Project Alive & Kicking’s ME Preg (“ME Preg”)]. ME Preg provides information to help advance pregnancy health research, pregnancy services, and educate pregnancy health professionals and the public. ME Preg is not a provider of medical advice. All information and materials presented by this application are NOT intended to be used for the diagnosis or treatment of a health problem or as a substitute for consulting a licensed medical professional or obtaining either emergency or first aid treatment. The information and material provided by ME Preg are for information purposes only and are provided to assist in the collection of your specific pregnancy data. Before you take any action that may affect the health or safety of your family or unborn child, you should consult with a pregnancy health professional. If you are in a life threatening or emergency medical situation, seek assistance from your healthcare provider immediately or call 911.
Legal Notice
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY, THEY CONSTITUTE A LEGALLY BINDING CONTRACT. BY HAVING CREATED A USER ACCOUNT WITH ME PREG, USING ME PREG, OR ACCESSING THE WWW.PROJECTALIVEANDKICKING.ORG WEBSITE (“WEBSITE”), YOU HAVE AGREED TO BE BOUND BY THESE TERMS.
Parties. These Terms set forth a contractual agreement between you, the user of ME Preg or www.projectaliveandkicking.org (“you” or “your”) and Project Alive & Kicking Inc. and its affiliates (collectively “Project Alive & Kicking”, “us”, “we”, “our”), regarding your use of ME Preg offered by us through handheld devices, including iPhones and iPads, Android phones and tablets, other smart phones and the internet through the Website, or any other element of our service (hereinafter “ME Preg” and together with the Website the “Services”). These Services may include communications or content that you receive outside of ME Preg, including email messages, phone calls and other notifications, as well as, our Website materials. You agree that you will use Project Alive & Kicking’s Services in accordance with these Terms, the critical provisions of which state that you will only use the Services for non-emergency circumstances; that your use of the Services are for information and/or education purposes only; that you are not seeking any diagnosis, treatment or medical advice of any kind; and that the Services are provided “as is” and without representation or warranty. Project Alive & Kicking reserves the right to refuse registration of or cancel your user account in its discretion for any reason or for no reason at all. Without limiting the generality of the foregoing, you specifically acknowledge that Project Alive & Kicking has the right to terminate or limit your account in the event that Project Alive & Kicking determines, in its sole discretion, that you have violated the policies of the Services or any forum used by you, including by activities that adversely affect the experience of other users.
Eligibility. To be eligible to use the Services: 1) you must be at least 18 years old or you must be at least 13 years old and have the permission of your parent or legal guardian; 2) you or your parent or guardian must agree to be bound by these Terms, and 3) you must be a resident of the United States. If you do not meet each of these criteria, please delete ME Preg from your system and DO NOT use the Services.
No Medical Advice. The subject matter included on ME Preg, the Website and Services, which include any advice, information, images, graphics, recommendations, or text provided by our medical consultants, business partners or sponsors, as well as, any other information which you may receive in conjunction with your use of the Services (“Subject Matter”), are provided for your education and information only and do not constitute medical advice, diagnosis or treatment and you should not rely on them as such. Contemplation of pregnancy, a female’s health or sexual activity is very important and should not be taken unadvisedly. The Subject Matter is provided to help you make informed decisions over the course of a pregnancy, not make these decisions for you. Project Alive & Kicking recommends careful reflection, particularly if you are not yet 18 years of age, and suggests you consult with healthcare providers and other adults whose opinions you trust to assist you with the implications of such a life changing decision.
The medical information discussed in the Subject Matter is general in nature, whereas your healthcare provider has specific medical knowledge about you, your baby and your baby’s health and should always be consulted if you have a medical emergency or questions about a medical condition. Your decision to rely on any information you may obtain in connection with your use of the Services is at your sole discretion and risk. Furthermore, you should understand that Project Alive & Kicking does not promise any particular outcomes, including conception or delivery, regardless of whether you follow any and all recommendations provided in the Subject Matter and, while Project Alive & Kicking endeavors to keep the Subject Matter up-to-date, complete and accurate, we cannot guaranty the absolute accuracy in the information we provide you about your pregnancy and fetus or your baby. Project Alive & Kicking does not recommend or endorse any specific tests, products, procedures, opinions or other information that may be mentioned in ME Preg or the Website.
Medical Emergencies. If you think you may have a medical emergency, call your healthcare provider or 911 immediately.
License. Subject to your acceptance of these Terms, ME Preg grants you a non-exclusive, non-transferable, revocable limited license to use any and all of the Services and related software and to display results of such Services for your personal non-commercial use, provided you do not remove or obscure any copyright or trademark notice, or any other proprietary rights notices displayed on or in conjunction with the Subject Matter. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service, except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of Project Alive & Kicking or its licensors.
Subject to the terms of Project Alive & Kicking’s Privacy Policy, you, as a user of the Services, grant us a non-exclusive, royalty free, perpetual and irrevocable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, communicate to the public, and otherwise utilize and exploit your de-identified (anonymized) personal information and information about your use of the Services a) to respond to user inquiries or technological issues or problems; b) to improve the Services or the functionality of the Website or the application; c) for external and internal marketing purposes; d) for aggregated research, including, but not limited to, scientific research in accordance with laws for the protection of human research subjects that may be undertaken by third parties who wish to study data collected by Project Alive & Kicking, so long as it is done without disclosure of any individual’s personally identifiable information or username; e) to create new content for the Services; and f) to comply with applicable laws, such as regulatory requests, documentary demands made pursuant to judicial or administrative proceedings, or to law enforcement during an investigation. Project Alive & Kicking may sell lease or lend aggregated data to third parties and will not share any portion of any revenues generated by the use of such with users.
Scope of Use. Project Alive & Kicking maintains the Services for your personal information, education, and communication. Please feel free to browse ME Preg and the Website. In consideration for your agreement to the Terms, Project Alive & Kicking grants you a personal, non-exclusive, non-transferable license to access and use the Services. You may use the Services for authorized purposes only. You may download material displayed on the Services for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Services for public or commercial purposes, including the text and images, without Project Alive & Kicking’s written permission. You understand that Project Alive & Kicking makes no representation that the information in the Services is appropriate or available for use in locations outside of the United States, and access to the Project Alive & Kicking Services from territories where the content of the Services may be illegal, inappropriate, or is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Protection of Your Access Information. You are responsible for taking all reasonable precautions to protect your access information and ensure no unauthorized person has access to your password or accounts.
Term And Termination. Unless terminated by Project Alive & Kicking, these Terms will remain in full force and effect while you use any of the Services. Subject to the last sentence of this paragraph, you may terminate the agreement reflected in these Terms at any time by deleting ME Preg from your computer and from any mobile device on which you have installed any element of the Services and ceasing to use the Services. Project Alive & Kicking may terminate these Terms with respect to you at any time for any reason or no reason, particularly if you violate any provision of these Terms. Project Alive & Kicking may also discontinue or change our Services at any time with or without prior notice and without liability to you. Any termination of these Terms shall also terminate the licenses granted by these Terms. Upon termination of these Terms for any reason, you shall destroy and remove from all computers, and other storage media all copies of the any intellectual property owned by Project Alive & Kicking. Project Alive & Kicking shall have the right to inspect and audit your facilities to confirm the foregoing. If you or Project Alive & Kicking terminate the agreement reflected in these Terms, or if Project Alive & Kicking suspends your access to the Services, you agree that Project Alive & Kicking shall have no liability or responsibility to you and Project Alive & Kicking will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Your representations, the Indemnification section, the Arbitration Provision section, the Limitation of Liability section, Governing Law and any other provision which by their nature are designed to survive termination shall survive any termination or expiration of these Terms.
Privacy and Use of Data. Project Alive & Kicking is committed to respecting the privacy rights of its users and the sensitive health-related information involved. However, please understand that ME Preg collects a wide range of information related to your use of the Services and may cause the application to communicate to Project Alive & Kicking about its operations even if you are not connected to the internet or a mobile service. Project Alive & Kicking is the sole owner of all such information collected. Collection and management of such information is governed by our Privacy Policy [www.projectaliveandkicking.org/privacy-policy] which is hereby made part of this agreement. Project Alive & Kicking uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded through the Services or collected by Project Alive & Kicking in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party “hackers” from illegally accessing our site and obtaining access to content or information thereon.
Should you voluntarily provide us with information such as your insurer, provider, doctor, hospital and/or employer information, you acknowledge that your Personal Health Information may be disclosed without your written authorization to a HIPPA business associate – an organization that has legally committed to maintaining the privacy and security of your Personal Health Information, and as otherwise permitted or required by law to any of the aforementioned parties.
You should also be aware that we may from time to time disclose or transfer some of the information that you provide through your use of the Services as more fully described in our Privacy Policy. Please review our Privacy Policy for details; by agreeing to these Terms you are also agreeing to our Privacy Policy as if all of such policy were repeated here. If you do not want us to use your data as described in our Privacy Policy, please do NOT use the Services.
Third Party Privacy. You may learn private information about other users by use of the Services, whether in one of our forums or otherwise. In addition, you may meet other users and choose to share information directly. You agree not to disclose information of other users that you may obtain through your use of the Services or otherwise to third parties or use such information for any purpose (including especially marketing purposes) without the other user’s consent. You agree to use another user’s information only in connection with the Services. Notwithstanding the foregoing, as described above, we may make some or all of the content of our blogs, message boards, and online/mobile forums available to users and non-users on the Internet or through ME Preg.
Children’s Privacy. Project Alive & Kicking’s activities comply with the Children’s Online Privacy Protection Act (COPPA). Our Services are not intended for children under the age of 13. We do not knowingly collect personally identifiable information via the Services from users in this age group. We may, however, collect information about children and babies from their parents who are using our Services. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through our Services for the minor. We ask that our users not provide information about a baby or child, if they do not have guardianship of the child, without first getting the parent’ consent. We encourage parents to talk with their children about smart practices when giving out information online. Please also see our Privacy Policy for more information on data practices.
Copyright Protection. You should assume that the Subject Matter is copyrighted, unless otherwise noted, and may not be used except as provided in these Terms or in the text on the Website without the written permission of Project Alive & Kicking or the identified trademark holder. Use of the Services pursuant to the license granted under these Terms does not grant you ownership of any intellectual property rights in any of the Subject Matter, documents or other materials you access. Our disclosure of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Services unless we expressly permit you to do so.
Project Alive & Kicking respects the intellectual property rights of others. If you believe your copyright has been violated in the Services, please give notice to DMCA_Agent@projectaliveandkicking.org, the agent designated in accordance with Title II of the Digital Millennium Copyright Act (DMCA) to receive notification of a claimed copyright infringement for Project Alive & Kicking domain: www.projectaliveandkicking.org.
Trademarks. The trademarks, trade names, logos and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Project Alive & Kicking and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Project Alive & Kicking or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that Project Alive & Kicking will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Exclusion of Warranty. While we use reasonable efforts to include accurate and up-to-date information in the Subject Matter, Project Alive & Kicking does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any information provided in the Services. Project Alive & Kicking does not warrant that the application or Website will operate in an uninterrupted, reliable or error free manner, or the security of the Services and related transmission of sensitive data other than that it will use commercially reasonable efforts to protect your information as described in our Privacy Policy.
Without limiting the foregoing and to the fullest extent permissible by applicable law, all of the Subject Matter is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Unavailability. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. PROJECT ALIVE & KICKING SHALL NOT BE LIABLE FOR ANY FAILURE OF ME PREG, THE WEBSITE OR THE SERVICES. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND PROJECT ALIVE & KICKING’S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). YOU AGREE THAT PROJECT ALIVE & KICKING SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES. Project Alive & Kicking is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or applications on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with ME Preg, usage of the Website and/or in connection with the Services.
Limitation of Liability. Under no circumstances will Project Alive & Kicking be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone’s use of ME Preg, the Website, the Services, any content or third party applications, software or content posted on or through ME Preg, the Website or the Services or transmitted to users, or any interactions between users of the Services, whether online or offline.
YOU AGREE THAT PROJECT ALIVE & KICKING OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING ME PREG, THE WEBSITE, THE SERVICES, ANY CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT POSTED ON OR THROUGH ME PREG, THE WEBSITE, OR THE SERVICES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE ME PREG, THE WEBSITE, OR THE SERVICES, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ME PREG, THE WEBSITE, OR THE SERVICES. IN PARTICULAR, PROJECT ALIVE & KICKING ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, VIRUSES, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA, LOSS OF PROFITS, BUSINESS INTERUPTION, IMPAIRMENT OF YOUR RELATIONSHIP WITH A SPOUSE, PARTNER, OR A THIRD PARTY), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE ME PREG, THE WEBSITE, OR THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT OR IMAGES FROM ME PREG, THE WEBSITE, OR THE SERVICES, OR ANY PURCHASES ON ME PREG OR THIS WEBSITE, OR YOUR PLACEMENT OF CONTENT ON ME PREG OR THE WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ME PREG OR THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW. THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS AND IF YOU DO NOT AGREE TO THESE LIMITATIONS, PLEASE DO NOT USE THE SERVICES.
No advice or information you obtain from Project Alive & Kicking through the Services or in support of the Services shall create any warranty, representation or guarantee not expressly stated in these Terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so certain of the above limitations and exclusions may not apply to you. Notwithstanding the foregoing, in the event Project Alive & Kicking is found to have a liability to you, you agree that its aggregate liability for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Project Alive & Kicking with respect to ME Preg, use of the Website and/or the Services, or Ten Dollars ($10.00), whichever is greater. You additionally agree and acknowledge that Project Alive & Kicking is not liable for the content submitted by any other user, or any defamatory, offensive, or illegal conduct of a third party.
Third Party Content. Certain areas of the Website may enable you to access online forums, containing the personal opinions and other expressions of the persons who post entries on a wide range of topics, and to submit e-mails, or otherwise provide feedback to Project Alive & Kicking. Neither the topics, nor the links to other websites, are screened, approved, reviewed or endorsed by Project Alive & Kicking, and Project Alive & Kicking specifically disclaims any responsibility or liability for any such content in these fora. The text and other material on these fora are the opinion of the specific author and are not statements of advice, opinion, or information of Project Alive & Kicking. Project Alive & Kicking is not responsible for the accuracy or reliability of any opinion, advice or statement and has no obligation to prescreen, edit or remove any content made anywhere in the Services, particularly in these fora. Notwithstanding the foregoing, Project Alive & Kicking reserves the right, in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove or move any content, but has no obligation to do so. If you feel you might be offended by the content of the fora, you should not access the fora.
You are responsible for all content that you submit, post or otherwise make available to or through the Services. By doing so, you represent and warrant to Project Alive & Kicking that such content is not confidential information of another person or entity and that you have all necessary permission to submit, post or otherwise make available such content.
Prohibited Content. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. In addition, you agree the following actions shall constitute a material breach of these Terms, and that you will not upload or transmit any communications, content or information of any type that: (a) infringes the rights of others or violates their privacy or publicity rights; (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right; (c) contains or distributes viruses, bugs or other harmful computer code; (d) constitutes unsolicited offers, advertisements, proposals, junk mail, or spam that other users of the Services will see or receive; (e) promotes violence, illegal drug use, or substance abuse or describes how to perform a violent act, use illegal drugs or abuse other substances; (f) harvests or otherwise gathers information, such as email addresses, about others without their consent; (g) discloses the personal information of others, such as names, email addresses, telephone numbers, or any other confidential or personally identifiable information; (h) restricts or inhibits any other person from using or enjoying the Services or which in the reasonable judgment of Project Alive & Kicking, exposes us or any of our customers, partners, affiliates, or suppliers to any liability or detriment of any type; (i) deals with minors under 13 years of age without the consent of their parents; (j) defrauds, misleads or tricks us or other users, particularly by attempting to learn sensitive account information such as passwords; (k) makes improper use of our support services or submits false reports of abuse or misconduct; (l) disparages, tarnishes or otherwise harms Project Alive & Kicking or the Services; (m) use the Services to unlawfully collude against another person in restraint of trade or competition; (n) copies or adapts the Services’ software code, including but not limited to HTML, JavaScript, PHP, Flash or any other; (o) reverse engineer, decompile, modify or attempt to discover any software (source or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services; (p) use or launch, develop or distribute any automated system, including without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Services, except those resulting from a standard search engine or Internet browser search, or use or launch any unauthorized script or other software; or (q) interfere with or circumvent any security feature of the Services, including the covering or obscuring of any notice, banner, advertisement, or other branding on the Services, or any feature that restricts or enforces limitations on use of or access to the Services. You shall be solely liable for any damages resulting from an infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your violation of these Terms in your use of ME Preg and/or the Website.
User Submissions. Any “personally identifiable information” in electronic communications to ME Preg or the Website is governed by the Project Alive & Kicking’s Privacy Policy. However, any communication or material that you transmit to Project Alive & Kicking through ME Preg or the Website or by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. You understand that anything you transmit or post may be used by Project Alive & Kicking or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Project Alive & Kicking is free to use any ideas, concepts, know-how, processes, or techniques contained in any communication you send to ME Preg or the Website for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services using such ideas, concepts, know-how, processes, or techniques.
Links to Other Sites. In using the Services, you may come across content, such as hyperlinks, articles, and advertisements, provided by or linking to websites controlled by third parties. Project Alive & Kicking is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. Your dealings with advertisers or other third parties found on or accessible through our Services are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions; the payment for and delivery of items; your viewing or visiting content advertised by third parties; and any terms, conditions, warranties or representations associated with such dealings. These links are provided solely as a convenience to users and should not be construed as an endorsement by Project Alive & Kicking of content, items, or services on those third party websites. Your access and use of any other off-site pages or other websites, including the content, items or services on those sites, is at your own risk and you agree that we have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of third parties’ information or materials in the Subject Matter. Once you link to another site, please be sure to review the terms and conditions or legal notice and privacy policy of the new site. They may be different from those governing the Services.
Third Party Rights. If you have downloaded ME Preg from the Apple, Inc. (“Apple”) App Store or if you are using ME Preg on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Project Alive & Kicking only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of ME Preg infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Indemnification. You agree to indemnify and hold Project Alive & Kicking, its officers, directors, employees, agents, licensors, and suppliers (hereinafter “Indemnified Parties”), harmless from any claims, actions, demands, losses or damages, including legal fees, made by any third party due to or resulting from the violation of these Terms by you, your access or use of the Services or your placement of any content onto the Website (including claims related to defamation, invasion of privacy, or any other violation of a person’s rights), the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. You further agree to fully cooperate in the Indemnified Parties’ defense against any such claims. Your obligations under this paragraph may not be offset against any other claim you may have against Project Alive & Kicking or any Indemnified Parties. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate while using, or in connection with, the Services. You agree that that the provisions of this paragraph will survive any termination of your account(s) or the Services.
How We Handle Disputes. If a dispute arises between you and Project Alive & Kicking, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact us to resolve your problem directly with us. You may contact us regarding any complaints or disputes at the Contact Us portion of the Website.
Arbitration Provision and Class Action Waiver. THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING ME PREG, THE WEBSITE OR THE SERVICES.
Project Alive & Kicking and you agree to arbitrate all disputes and claims between you and us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
References to ” Project Alive & Kicking,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Devices under this or prior Agreements between us. You agree that, by entering into this Agreement, you and Project Alive & Kicking are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
Except as explicitly provided in these Terms, you hereby waive any right to a trial in any court in front of a jury or judge and any right to bring or participate in any “class action” suits. You agree that any dispute or claim relating in any way to your use of ME Preg, the Website, or the Services, a product offered or provided by or through the Services, or otherwise arising out of or relating to these Terms shall be resolved by non-appearance based binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award an individual the same damages and relief as a court and must apply and follow these Terms as a court would.
Arbitration Forum. Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the “AAA”) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”). The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration.
To the extent the arbitration is not conducted by telephone, online and/or be solely based on written submissions, you and Project Alive & Kicking mutually agree that that the arbitration shall be submitted to a AAA arbitrator sitting in Charleston, South Carolina. You and Project Alive & Kicking mutually agree that Charleston, South Carolina shall be the exclusive forum for such arbitration.
The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Project Alive & Kicking will pay all arbitration fees and expenses. You and Project Alive & Kicking each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action.
The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms. We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Project Alive & Kicking or our partners pending the completion of the arbitration.
Governing Law. This agreement and its performance shall be governed by the laws of the State of South Carolina, United States of America, without regard to its conflict of laws provisions.
Limitations Period. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within three (3) years from the date on which such claim or action arose or accrued.
Modification of Terms. ME Preg reserves the right, at any time in our sole discretion, to revise, modify, add or remove portions of these Terms governing use of this application and will become applicable to you if you continue to use ME Preg or access www.projectaliveandkicking.org at any time after the revised Terms have been posted on the Website and/or through the application. In the event we believe that any revisions to the Terms are material, we will notify you through an in-app alert, notices on the Website and/or an email to the address you have provided us, but regardless of whether or not you receive such notice, the revised Terms will become effective if you use ME Preg or access the Website at any time after the changes are published on the Website (or this page). As a result, you should periodically review this page to familiarize yourself with any revision to these Terms.
If you do not agree to these Terms, do not use ME Preg or www.projectaliveandkicking.org, and if you do not wish to agree to any revisions to these Terms, you should cease using ME Preg and terminate your account.
Entire Agreement. These Terms constitute the entire agreement between you and Project Alive & Kicking with respect to the use of ME Preg, the Website and/or the Services and supersedes any and all prior or contemporaneous oral or written agreements. Use of the Services is subject to Project Alive & Kicking’s Privacy Policy. If any provision of these Terms is found to be invalid by [any arbitrator or court having competent jurisdiction], the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
No Third Party Beneficiaries. These Terms are between you and Project Alive & Kicking. No user has any rights to force Project Alive & Kicking to enforce any rights it may have against you or any other user.
Government Use. If you are a part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Services and any related software is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of the Services by the Government shall be governed solely by these Terms.
Miscellaneous. Project Alive & Kicking operates and controls the Services from its offices in the United States. Project Alive & Kicking makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Project Alive & Kicking to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. ME Preg may be subject to United States export controls. Thus, ME Preg may not be downloaded, exported or re-exported outside the United States, but in particular (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
These Terms are effective until terminated by either party. You may terminate these Terms by deleting the ME Preg and destroying ME Preg and Service-related materials obtained from the Services, Project Alive & Kicking or any other website or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Project Alive & Kicking if, in our sole discretion, you fail to comply with any term or provision of these Terms.
Neither the course of conduct between the parties nor trade practice will act to modify these Terms.
You may not assign these Terms without our prior written consent of Project Alive & Kicking.
The parties agree that no joint venture, partnership, employment, or agency relationship of any kind exists between you and Project Alive & Kicking as a result of these Terms or use of ME Preg, the Website or the Services.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal import.
Upon Project Alive & Kicking’s request, you will furnish Project Alive & Kicking any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You agree that these Terms will not be construed against Project Alive & Kicking by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
For questions or comments regarding the Terms, please contact us at:
Email: info@projectaliveandkicking.org
Postal Mail: P.O. Box 63202, North Charleston, SC 29419.