Terms of Use
Terms of Use Is my pregnancy high risk? Mobile App
TERMS OF SERVICE
Cutting Edge Obstetrics Inc.
Info @ Ismypregnancyhighrisk.com
559-332-3390
Welcome to a website and affiliated apps of Cutting Edge Obstetrics Inc. located at IsMyPregnancyHighRisk.com (hereinafter “We”, “Us”, “Our”). We thank You (any visitor to Our web site/apps and hereinafter “You” or “Your”) for visiting Our site and considering Our products and services.
Upon Your registration and clicking the button which states “I have read and agree to the Terms of Service and Privacy Policy of this site/app as well as the website’s/app’s use of cookies”; You hereby agree to the terms and conditions of this Terms of Service (hereinafter “Agreement”) which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us.
THIS WEBSITE/APPS ARE FOR INFORMATIONAL PURPOSES ONLY
THE WEBSITE AND ASSOCIATED APPS ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE MEDICAL RECOMMENDATIONS, MEDICAL ADVICE, OR MEDICAL CARE. THE INFORMATION YOU OBTAIN FROM THE WEBSITE AND ASSOCIATED APPS ARE NOT A SUBSTITUTE FOR, NOR DO THEY REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS CONSULT A LICENSED MEDICAL CARE PROVIDER PRIOR TO MAKING CHANGES IN YOUR MEDICAL CARE BASED ON INFORMATION YOU HAVE OBTAINED FROM A WEBSITE OR APP. DO NOT DISREGARD, DELAY, OR AVOID OBTAINING MEDICAL CARE FROM A LICENSED MEDICAL CARE PROVIDER BECAUSE OF INFORMATION YOU HAVE SEEN ON THIS WEBSITE OR AFFILIATED APPS. THE USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR AFFILIATED APPS IS SOLELY YOUR RESPONSIBILITY AND SOLELY AT YOUR OWN RISK. YOUR ACCESS OR USE OF THIS APP DOES NOT CREATE IN ANY WAY A PHYSICIAN/PATIENT RELATIONSHIP WITH ANY PHYSICIANS ASSOCIATED WITH THE CREATION OF THIS APP. YOU ARE ALLOWED TO USE THE INFORMATION OBTAINED FROM THIS APP FOR PERSONAL USE ONLY AND TO SHARE WITH YOUR HEALTH CARE PROVIDER. NO RECREATION, DUPLICATION, OR REPRODUCTION OF THE INFORMATION IN THE APP OR ASSOCIATED WEBSITE IS ALLOWED FOR COMMERCIAL USE WITHOUT THE EXPRESS WRITTEN PERMISSION OF CUTTING EDGE OBSTETRICS, INC.
PRIVACY POLICY
Our Privacy Policy is located at our website/affiliated apps and is hereby incorporated into this Agreement by reference. Please review the Privacy Policy to understand Our policies.
USER NAME AND PASSWORDS
You hereby agree that You are responsible for all actions taken under Your User Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
TRADEMARKS
We hereby claim IsMyPregnancyHighRisk.com TM, the IsMyPregnancyHighRisk logoTM and Cutting Edge Obstetrics Inc.TM to be trademarks of Our Company.
COPYRIGHT
As indicated by the notice on the bottom of Our Home Page, Cutting Edge Obstetrics Inc. claims a copyright to the contents of this website/affiliated apps.
WARRANTIES
OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WE RESERVE THE RIGHT TO REMOVE ANY DATA ON OUR SITE FOR ANY REASON OR FOR NO REASON IN OUR SOLE DISCRETION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER. WE RESERVE THE RIGHT TO REMOVE ANY DATA ON OUR SITE FOR ANY REASON OR FOR NO REASON IN OUR SOLE DISCRETION.
INDEMNIFICATION
You hereby warrant that You will not use the information provided by Us in violation of any International, Local, State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney’s fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of International, Local, Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
FORCE MAJEURE
We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond Our control.
ASSIGNMENT
You may not assign the rights or obligations under this Agreement.
ENTIRE AGREEMENT
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
DISPUTES
In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at info@IsMyPregnancyHighRisk.com prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. This Agreement and Your use of Our web site are governed by the laws of the State of California, and the courts of general jurisdiction located within Fresno County, California, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts
SEVERABILITY
If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
EULA (End User License Agreement)
For EULA please click the link below https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
HEADINGS
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
AGREEMENT UPDATES
This Agreement is effective as of July 27, 2021. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our web site.