Thank you for visiting the CycleProGo.com site and using the CycleProGo® Charting Tool Service (collectively, the “System”). These terms and conditions (“Terms”), effective February 22, 2013, apply to your(“You” or “Your”) use of the System.
This System is owned by The Couple To Couple League International, Inc. (“CCL,” “We” or “Us”). You may use this System only for personal, non-commercial use and subject to Your acceptance of and compliance with these Terms.
Changes to this Agreement - Any changes to these terms will be included in a revised version of these Terms accessible through the System. If these Terms change, You will be asked to read and accept them the next time You try to use the System. If You do not accept any revisions made to these terms, You must stop using the System.
Purpose of the System - The purpose of the System is to allow users to track and chart fertility cycles and to share that information and discuss related topics with other users, teachers, and administrators(“Submitted Information”)
WARNING - WARNING - THIS SYSTEM AND THE INFORMATION IT PROVIDES IS NOT INTENDED TO BE USED AS A SUBSTITUTE FOR MEDICAL ADVICE. THE SYSTEM HAS NOT BEEN APPROVED BY THE FOOD AND DRUG ADMINISTRATION. BY USING THE SYSTEM, YOU AGREE TO NOT USE IT OR ANY INFORMATION PROVIDED BY THE SYSTEM OR US AS A SUBSTITUTE FOR MEDICAL ADVICE PROVIDED BY A QUALIFIED PROFESSIONAL.
WHILE THE SYSTEM IS INTENDED TO ELECTRONICALLY RECORD YOUR DAILY OBSERVATIONS AND ASSIST YOU TO IDENTIFY THE FERTILE TIME OF A WOMAN’S CYCLE, YOU ACKNOWLEDGE THAT NO TECHNIQUE IS 100% EFFECTIVE AND RESULTS CANNOT BE GUARANTEED. HUMAN REPRODUCTION IS SUBJECT TO MANY VARIABLES. IF YOU HAVE RECENTLY DISCONTINUED CONTRACEPTIVES, IN PARTICULAR HORMONAL BIRTH CONTROL, CONSULT YOUR PHYSICIAN ON WHEN YOU SHOULD TRY TO ACHIEVE A PREGNANCY.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU, OR ANY OTHER PERSON, FOR THE ACHIEVEMENT OR AVOIDANCE OF PREGNANCY WHILE USING THE SYSTEM, OR FOR ANY INJURY, ILLNESS, OR DEATH RESULTING FROM FAILURE TO SEEK MEDICAL ADVICE OR RELIANCE UPON THE SYSTEM.
Who May Use This System – You may use this System only if You are at least 18 years old, You live in the United States, and are the age of majority in your place of residence.
What You Can Do With This System - You can use this System to track and chart fertility cycles and to share that information and discuss related topics with other users, teachers, and administrators. You understand that all information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“Submitted Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Submitted Content originated. You hereby expressly grant to CCL a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, edit, translate, perform, transmit, or otherwise display the Submitted Content.
Your use of this System may be terminated by us at our discretion. You may not:
(a) submit information that is untrue, harassing, abusive, threatening, pornographic, profane, obscene, infringing, discriminatory, defamatory, advertising, soliciting, advocating an illegal activity, or in violation of any law
(b) submit information or content that you do not have a right to provide under law or under a contractual or fiduciary relationship
(c) access, download or copy any other user’s account information or impersonate any other person or entity or otherwise manipulate identifiers in order to disguise the origin of any information or content you provide
(d) bypass any technical measures used to prevent or restrict access to any portion of the System
(e) violate or attempt to violate the security of the System
(f) engage in any unauthorized use of content and materials included on the System which, unless otherwise noted, is owned by us
(g) make commercial use of the System, or modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the System or any of the content on the System
(h) use any data mining, robots, or similar automated data gathering and extraction tools to access the System
(i) reverse engineer, decompile or disassemble the System, or convert into human readable form any of the contents of this System not intended to be so read
Registration - If You register with the System, You are responsible for all activities that occur under Your account. Do not disclose Your account password to others, and notify us immediately of any unauthorized use of Your account. We are not responsible for any loss or other injury that You may incur as a result of someone else using Your user account or password, either with or without Your knowledge. We may access and disclose Your account information if required to do so by law or in a good faith belief that such access and disclosure is reasonably necessary enforce this Agreement, respond to Your requests for customer service, or protect the rights, property, or personal safety of You or others.
Third Party Sites – This System may link you to other sites on the Internet (“Linked Sites”). The Linked Sites are not under CCL’s control, and CCL is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality, or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply an endorsement of the Linked Sites by CCL or any association of its operators.
Disclaimer of Warranties - THIS SYSTEM, ITS CONTENT, AND ANY ASSOCIATED SERVICES OR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SYSTEM, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED WITH THIS SYSTEM. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WEDISCLAIMANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THIS SYSTEM AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
BY USING THE SYSTEM, YOU ACKNOWLEDGE THAT YOUR USE OF THE SYSTEMIS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT OR GUARANTEE THAT ANY COMPONENT OF THE SYSTEMIS FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SYSTEM, NOR THAT ALL COMMUNICATIONS WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SYSTEM, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS CONNECTED WITH YOUR USE OF THE SYSTEM.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification - You agree to indemnify, defend and hold harmless CCL and its respective subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to Your use of this System, your Submitted Information, and the services provided in connection with the System, or Your breach of any provision of this Agreement or any warranty provided hereunder.
Ownership of Copyrights and Trademarks – With the exception of Submitted Content, all trademarks, logos, and service marks displayed on the System are owned by CCL and third parties, and the System’s trade dress is owned by CCL. With the exception of Submitted Content, all copyrightable contents of the System, including code, materials, and information provided by or through the System, is owned by CCL.
Resolution of Disputes - If You are dissatisfied with the System, if You do not agree with any part of these Terms, or You have any other dispute or claim with or against us with respect to these Terms or the System, Your sole and exclusive remedy is to discontinue using the System. The laws of the State of Ohio will govern these Terms and any dispute of any sort that may arise between us. Regardless of where You access this System, You agree that any action arising out of Your use of the System must be brought in the state or federal courts serving Hamilton County, Ohio, and You hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.
Copyright Infringement Claims - CCL respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. CCL reserves the right to remove access to infringing material posted to its site. Such actions do not affect or modify any other rights CCL may have under law or contract.
If you believe that any portion of the material contained on this site infringes your copyright, notify CCL of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to this site’s Designated Agent:
The Couple to Couple League International, Inc.
4290 Delhi Avenue
Cincinnati, Ohio 45238
To be effective, the Notification must be in writing and contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, CCL will:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to such alleged infringer;
- Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which CCL may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, CCL will:
- promptly provide the complaining party with a copy of the Counter Notification;
- inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided CCL’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on CCL’s network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
General Terms - If any part of these Terms is determined to be invalid or unenforceable for any reason, the remainder of these Terms shall be enforced to the extent possible. Failure to enforce these Terms does not constitute a waiver of our rights under these Terms.
Contact Information - If You have any questions regarding these terms and conditions, please contact us at:
The Couple to Couple League International, Inc.
4290 Delhi Avenue
Cincinnati, Ohio 45238