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Introduction

This user agreement is an important document that you should read in its entirety to understand the rules, regulations, and limitations that you must accept and abide by to use this site. This document elaborates the following key points among others. The entire document should be read to understand all rights and limitations.

  • You agree not to use this site to do anything illegal or unethical.
  • You agree not to use any information on this site as a substitute for medical advice from a qualified professional. This site does not offer medical advice.
  • You recognize that no technique is 100% effective and that results cannot be guaranteed. Even under perfect use conditions, pregnancy can still result. This site is therefore not recommended to be used as a form of birth control or contraceptive.
  • You agree to personally accept all risk and liability and release the operators and owners of the site from any and all forms of liability and damages regardless of circumstance.
  • You agree not to try to defraud or exploit this site or users of the site in any way. This prohibits the creation of multiple accounts to take advantage of promotional offers and the creation of fictitious accounts to mislead, impersonate, or deceive other users.
  • The site is offered as-is and may contain typographical errors, computational errors, or other deficiencies that may compromise its effectiveness.
  • The site and this agreement may change without notice

User Agreement

Before using MyFertilityCharts.com and related websites (the "Site"), it is important that all users [hereafter referred to as 'you'] read the following information and agree to the terms of use. By creating an account you assume responsibility to notify others using your account of these terms and ensure their compliance and acceptance. The act of creating an account implies your direct and total consent with this agreement between you and Clocking Edge, LLC. Your use of the Site reaffirms your agreement to the latest terms and conditions.

This agreement is made between you and Clocking Edge ("CE"), a limited liability corporation who operates the Site. In exchange for your use of the Site, you agree to abide by the terms of this agreement.

The terms or conditions of this agreement may change at any time at the discretion of CE. Changes are effective immediately once published on the Site. Continued use of the Site indicates your acceptance of the updated agreement. If modifications to the agreement are unacceptable, your sole option is to cancel your membership and cease use of the Site immediately. This is the sole remedy for any dissatisfaction with the Site, its agreement, its terms or policies, its practices, or its performance. Depending on circumstance, CE may at its sole discretion refund any outstanding and unused subscription fees provided that these fees were paid directly to CE. Credits earned through promotional programs, affiliate programs, reward programs, referrals, or any other means not paid directly to CE are not eligible. Under no circumstance shall you be eligible for remuneration beyond the outstanding and unused balance of your subscription where such balance only includes the money you paid directly to CE.

Restrictions of Use

You may not use this Site for any unlawful or unethical purpose. In forming this agreement, you warrant that you shall not use this Site in an unlawful manner or in another fashion prohibited by this agreement and its terms, conditions, and notices.

If you are found to violate any terms of this agreement, CE reserves the right to restrict, suspend, or cancel your membership on the Site without notice. In violating the terms of this agreement, you waive all rights to outstanding subscription benefits and services offered by the Site. CE also reserves the right to deny future access or subscriptions to the Site.

You may not make additional accounts on this Site or use an account not belonging to you. Specifically prohibited is any attempt to take advantage of promotional offers extended to new users by creating or using multiple accounts. Access to advanced features can only be earned through legitimately earned promotional credits, free rewards, affiliate sponsorships, and direct subscription payments. Any other attempt to gain access to services through the use of multiple accounts is strictly forbidden. Violators shall be permanently banned from the Site and all accounts involved in the deceitful tactic face immediate suspension or termination.

The Site may not be used in any jurisdiction or country where the laws or regulations prohibit any provided functionality of the site or the enforceability of any provisions of this agreement.

Intellectual Property Rights

WARNING: The content of this Site and associated software including the Hormonal Forecaster are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Attempts to violate these laws or circumvent software licensing are strictly forbidden. By creating an account, you agree to respect, honor, and follow these laws. Violators may be reported and shall also have their accounts suspended or removed pending investigation.

Waiver of Liability

By registering for an account on this site, you agree to release from liability and hold harmless Clocking Edge, LLC, their affiliates, subsidiaries, officers, directors, employees, representatives, and independent contractors from all causes of action, suits, penalties, judgments, liabilities, obligations, losses, and actual or consequential damages, which may arise do to your use of this Site or any associated products or software.

In addition to this release of liability, you also acknowledge your understanding that any interpretation of the data presented is only a generalized approximation and should not be used in place of medical advice. The information presented offers no guarantees, implicit or explicit, regarding the accuracy or suitability of the material or data. This site should never be used in place of medical advice. The techniques used are not perfect and may not work for everyone or in all cases. It is up to you to take necessary precautions or additional steps to mitigate risk or achieve desired objectives. Under no circumstances should advice or predictions offered in association with the "Site" be relied upon for legal, medical, or financial decisions. You should instead seek a qualified professional for personalized advice.

In using this Site, you retain responsibility for and acknowledge all potential risks associated with its use. You agree to release CE from any and all liability. By using this site, you must acknowledge and accept full personal responsibility for the risk of accidental pregnancy, the risk of missed opportunities for pregnancy, and any other adverse consequences including possible injury, illness, or death resulting from failure to seek medical advice, relying on the advice or experiences of others in place of medical advice, or other interactions with the Site. Natural Family Planning techniques are NOT a 100% effective method of avoiding pregnancy. Like other forms of birth control, accidental pregnancies can result. Even under perfect use conditions, the pregnancy rate of NFP is around 1% to 3% and can be as high as 15% with imperfect use. The site is NOT intended to be used for birth control.

This Site, its products, software, and services may contain inaccuracies or typographical errors. Users are encouraged, but not required, to point out these deficiencies using support contact information. At CE's sole discretion, these problems may be corrected based upon the impact to other users, the associated cost, available resources, the overall significance, and other factors. CE retains the right to make changes to the Site to fix errors, make improvements, or implement other changes. Infrequently these changes may require the site to temporarily go down for maintenance.

No Mandatory Cost or Obligation

The act of signing up for this Site in no way obligates you to purchase or use any services. The signup process and use of the Site are free with certain applicable restrictions. Advanced features or access may require an advanced subscription. This subscription is optional and may require payment, participation in affiliate programs, or free participation in rewards programs. If a subscription is obtained by payment made directly to CE, this payment is non-refundable unless products or services cannot be rendered or discontinued at no fault of the user. CE reserves the exclusive right to make this assessment. Only the partial amount of the payment representing the balance of products or services that could not be delivered is eligible for consideration. This only applies to circumstances where the products or services can no longer be offered after attempts to resolve any problems have been completed unsuccessfully. Past payments made for services already delivered, consumed, or expired may be ineligible at the discretion of CE. In the event of a disagreement, support should be contacted to help resolve the matter fairly.

Interpretation Disclaimer

This Site and related Hormonal Forecaster software offer information about fertility and ovulation. The accuracy of this data relies predominantly on the regularity of your menstrual cycle and accuracy of the data inputted. Even under ideal situations, it is impossible to guarantee with absolute certainty what times a conception may occur. By using this program, you acknowledge the existence of this uncertainty and release CE and all of its associates from all liability (legal and other forms) associated with unintended pregnancies and/or failed attempts to achieve conception. If it is essential for you or your significant other not to become pregnant, then you are encouraged to take additional precautions. No form of birth control is perfect, and the techniques of the calendar and symptothermal methods used by the site and program are likewise not without their shortcomings. The algorithms are modeled after these methods of fertility awareness, but in no way are they meant to fully represent or infallibly emulate either of these methods. Instead they only attempts to form generalizations based upon these methods that will work for most users (where the definition of 'most users' is defined by the developer). By using this site you acknowledge the risk and accept full responsibility for your own actions and any consequences of those actions.

BY USING THIS PROGRAM YOU ACKNOWLEDGE THE RISK AND ACCEPT FULL RESPONSIBILITY FOR YOUR OWN ACTIONS AND ANY CONSEQUENCES OF THOSE ACTIONS.

Although efforts have been taken to attempt to ensure the accuracy of results, this website and its associated software does NOT come with any guarantee (written or implied) regarding the results or accuracy of outputted data. Furthermore, the suitability of this information cannot be guaranteed for any purpose either written or implied. Please do not use this Site for medical advice and always consult a medical professional.

Although the rules used by this site follow general natural family planning (NFP) guidelines, these rules may not precisely match a given NFP method. There are many different variations on NFP and this site does not claim to follow any specific variation precisely. These techniques have been adapted using information from multiple sources including research, publications, literature, and actual user experiences. It does not necessarily reflect the techniques of any sole source exclusively, but instead is an adaptation that considers multiple sources. As a result, actual performance may vary. The user acknowledges that results are not guaranteed and may even be compromised due to these variations. The user assumes all risk which includes the potential for accidental pregnancy or missed opportunities for pregnancy.

Collaborative Message Boards

The collaborative message boards ("CMB") refer to any public or private message board, private user to user messages, email correspondence, or forums such as the fertility exchange where users can exchange information. This may include correspondence from both users and administrators of the Site.

The Site provides CMB for users to communicate with one another. These are intended to allow users to share personal experiences and provide informal collaborative assistance to one another. It should not be used as a substitute for medical advice. Posts, emails, and messages reflect only the personal opinions of the individual and should be approached with skepticism. They may contain inaccurate or misleading information, whether intentional or unintentional. Users must use caution when seeking advice and are encouraged to use rating facilities or post responses to help clarify inaccurate information. By using this site, you agree not to hold CE or anyone else liable for information posted on this site. Remember to always consult your doctor for medical advice. CE does not attest to the competency or credentials of users. All information originating from users or Site administrators should be treated as merely opinions and not concrete expertise or a substitute medical advice.

The Site also allows health care providers a means to access patient data. It is not intended as a resource to find possible health care providers. CE will not and does not endorse the competency or credentials of individuals registered as health care providers. Users should not use the site to find possible health care providers. You should only contact health care providers that you have established a relationship with independent of the Site. In using this Site, you acknowledge that it is possible for someone to deceitfully misrepresent themselves as a health care provider and that CE cannot be held liable for damages or complications resulting from the misrepresentation.

The views and opinions expressed on the CMB do not necessarily reflect the opinions of CE or its administrators, directors, or representatives.

It is prohibited to use the CMB facilities for solicitation. The CMB should also not be used to launch personal attacks or for other hateful, threatening, degrading, or non-constructive means.

Additional Legal Disclaimers

This agreement represents the entire agreement between you and CE and supersedes all prior agreements, communications, and proposals regardless of format or media.

All information and services associated with the Site are offered as-is without any warranty of any kind.

If any portion of this agreement is found to be invalid or unenforceable, then the remainder of the agreement shall survive and remain intact and enforceable. The surviving agreement should be modified such that any invalid clause is replaced with an equivalent allowable clause that achieves a similar objective or intent of the original agreement.

This Site and all of its contents are copyright Clocking Edge, LLC. All rights reserved.

CE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, APPROPRIATENESS FOR A GIVEN PURPOSE, OR RELIABILITY OF THE INFORMATION ON THIS SITE, ITS SERVICES, OR ITS ASSOCIATED PRODUCTS AND PROVIDES THESE “AS-IS” WITHOUT WARRANTY OF ANY KIND.

IN NO EVENT SHALL CLOCKING EDGE BE LIABLE FOR ANY DAMAGES WHATSOEVER. THE USER ACKNOWLEDGES AND ACCEPTS ALL RISK.

Protection of Data

While several steps are taken to protect the data recorded on this Site, it is possible that foreseeable or unforeseeable circumstances may lead to a loss of data. Data backups and site backups are performed periodically to mitigate this risk posed by illegal access, hardware failures, and other sources. You can also help to protect your data though. Hormonal Forecaster software users can download data from this site directly to their PC and access it offline. This is extremely valuable in that you can personally backup certain types of recorded data on your computer, but can also pose a risk if not handled carefully. Since data can be entered on the web or using the desktop program, synchronization is used to resolve conflicting data records. As an extension of this, deleting records from one source may also remove records from the other. To help protect against accidental data loss due to synchronization issues, users are encouraged to backup their Hormonal Forecaster desktop data files frequently. If you notice a potential loss of data, contact technical support or check the FAQ for information about automatic backups done prior to synchronization.

In the event of data loss, CE software cannot be held liable for any damages regardless of cause.

Privacy Notice

CE promises to protect the privacy of its users. Information entered on this site shall not be shared with third parties without your consent with the exception of basic account information and statistical data made available to authorized affiliates that may have redirected you to this site. Reasonable actions shall be taken to ensure the protection of your personal information and data. CE cannot be held responsible for circumstances beyond its immediate control including that associated with users sharing or releasing their login, compromised third party hosting servers, illegal login cracking or reverse engineering, etc. This Site does not aspire to profit from direct sale or distribution of your personal information in any way.

Financial information is not stored by CE or this Site. In the event that you decide to purchase software, products, or services associated with this Site, you shall be redirected to a secure third party site that specializes in online transactions such as PayPal, RegSoft, SoftShop, or TrialPay. These companies specialize in securing financial transactions and handle all details associated with issued payments. This ensures that your personal information is protected by these established companies with proven relationships with CE.

MyFertilityCharts allows users to share their data with specific users or healthcare providers to help them better understand their fertility. Basic levels of sharing are enabled by default. Users can control access to their data using the Site interface at their discretion.

The site also offers private message boards to enable users to send private messages to other defined users. Public message boards, by contrast, are publicly accessible by anyone (even individuals without a login). Information or charts posted on the public message boards will be publicly accessible.

If you have any questions about the privacy of your information, please email support@myfertilitycharts.com.

Impersonation and Communication

By creating an account, you affirm that the information specified is accurate and reflects your true identity. Attempts to impersonate or misrepresent your identity are strictly forbidden and can lead to immediate termination of your account and other consequences. This includes but is not limited to false representation as a health care provider or any attempt to portray or misrepresent yourself as another registered user. You also agree that you shall not use the public or private message boards to sell or advertise other products, distribute offensive material, or commit illegal acts. The message facilities are intended to help users communicate who are trying to manage their fertility or other personal data needs. Use outside of this scope is prohibited. Violators may be warned and accounts suspended or cancelled. Inappropriate, obscene, or threatening posts are also prohibited on both private and public boards if deemed offensive by potential viewers. Messages can be removed at the discretion of the Site administrators.

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