Terms of Service
Effective Date: November 11, 2019 – Updated December 7, 2020
Welcome to PelvicHEP, owned and operated by Fruitful Womb LLC. PelvicHEP is a web-based subscription service that enables you to create and manage health exercise plans online.
In order to set up or use a PelvicHEP account, you must:
- be at least eighteen (18) years of age to open a PelvicHEP account and enter into contracts;
- complete the registration process and fulfill your payment obligation to use the service;
- read and agree to these PelvicHEP Terms of Service; and
- provide thrue, complete, and up to date contract information.
Your use of PelvicHEP is governed by these Terms of Service. By using and/or establishing an account at PelvicHEP, you (“User”) agree to be bound by and comply with the terms and conditions contained herein.
These Terms of Service comprise a binding legal agreement between you and Fruitful Womb LLC. Please review these Terms of Service carefully. If you represent an organization, your agreement to these Terms and Conditions shall bind your organization and you hereby represent and warranty that you have the authority to act on behalf of your organization.
By signing up for a PelvicHEP account you agree to be bound by these Terms of Service, and you acknowledge that you have read and understood the terms and conditions herein. Clicking on the button to register an account will have the same effect as signing a contract. If you do not agree to these Terms of Service, you should not click on this button or use the Service.
1. The Service
PelvicHEP is a web-based subscription service that enables you to create home exercise plans for your patients and clients. It allows you to upload, store, transmit, disseminate, and otherwise distribute content to and from your account (“Content”). Your use of the Service is at your own risk. The Service is provided on an AS IS and AS AVAILABLE basis.
HIPAA – While we offer encryption and other security measures, we do not currently meet all requirements for HIPAA compliance. We are in the process of updating our system to full HIPAA compliance and will notify our users when this process is complete. Due to delays related to COVID-19, we hope to have this completed in early 2021. So, it is important that as a user you do not use a patient’s PHI (ex: name or image) when building a program or exercise or using the system.
3. Changes of the Terms of Service
These terms are subject to change. It is your responsibility as a User to regularly monitor and review the Terms of Service for changes.
4. Use of the Service
You are responsible for your own communications and communications to and from your account with the Service, and for all Content sent to and from your account, stored under your account, and activity that occurs under your account (even when Content is posted by others who have access to your account) and for any consequences thereof or arising therefrom. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You will not use this Service for unlawful purposes, discriminatory activities or to do harm to another person.
Violation of any of the foregoing may result in immediate termination of these Terms of Service and your account with PelvicHEP and may subject you to legal consequences, both civil and criminal. We reserve the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of these Terms of Service has occurred or to comply with any applicable law, regulation, legal process or governmental request.
You are responsible for understanding whether the Service is suitable for you to use regarding any applicable regulations. We are not liable if the Service does not meet those requirements, except to the extent agreed otherwise or as required by applicable law.
5. Content of the Service, Ownership, and Intellectual Property Rights
The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of PelvicHEP provided and owned by Fruitful Womb LLC are protected by United States intellectual property laws, international conventions, all other relevant intellectual property and proprietary rights, and applicable laws, and are the property of Fruitful Womb LLC or affiliated companies and/or third-party licensors.
This means, without written consent from Fruitful Womb LLC, only active “paid” subscribers to our Service may continue to use our content. Consequently, any replication and dissemination of any content gained through our service by a person who is not an active “paid” subscriber to our Service is prohibited. This is theft and violates both a legal and ethical standard. Violators will be addressed.
We do not claim any ownership in any of the Content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit, or store in your PelvicHEP account. You are responsible for having authorization to use all content that you upload. You agree that your content is for professional use only and is lawfully and ethically used.
We reserve the right to access, read, preserve, and disclose any information and Content as we determine necessary to satisfy applicable laws, regulations, legal process, or govermental request, and to enforce our Terms of Service to avoid security, technical, and fraudulent issues.
6. User Representations and Warranties
We do take measure to ensure our content and yours is secure and backed up; however, this does not extent to you a guarantee that your data will not be lost. You are solely responsible for keeping a record of your content in such a case. Also, by uploading content to our Service and then using it to distribute through our Service, you affirm, represent, and warrant that: (a) the content and its use does not violate any applicable laws, property rights, moral rights, privacy rights, or cause harm to another person or entity; and (b) the content does not contain malicious code that may compromise the security or privacy of the Service, our company, or any individual.
7. Content Disclaimer
The content we provide is developed by a professional; however, errors may be present. Therefore, it is your responsibility to both review content for accuracy and to inform us of any concerns. You are also solely responsible for the content you upload to the Service.
8. Statement of Policies
We disclaim any and all liability in connection with, or arising from, Content uploaded, stored, transmitted, or otherwise distributed by a user. If made aware of content that violates our Terms or Serivce, we will, without notice, investigate the concern and take appropriate action that may include: removal of content, termination of user account, and legal action against the user.
9. Prohibited Activities; Enforcement of Policies
By agreeing to these Terms of Service you agree not to:
- misuse our Services for unlawful or unethical purposes;
- share your login with other people;
- impersonate any person or entity or commit fraudulent activity;
- use our Service for illegal purposes;
- defame, harass, abuse, threaten, or defraud users of our Service;
- use our Service if you are not legally competent to do so;
- compromise the integrity or security of our Service;
- steal or misuse intellect property of our Service or users;
- attempt to discover or use our source code;
- creative derivative works based upon PelvicHEP;
- use automated means to access PelvicHEP; and
- engage in activities to disrupt our Service.
We reserve the right to scan all content to ensure compliance with our Terms of Service. Violators will be terminated and reported to the proper authority.
10. Account, Payment, Refund, Upgrading, and Downgrading
You will be required to use specific credentials to access your account. It is your sole responsibility to maintain the confidentiality of your account information and password. You are responsible for securing the computer or device from which you will access your account. You are responsible for all activities that occur under your account.
You agree that the information you provide to Us upon registration and at all other times is true, accurate, current, and complete. You agree to update your information upon any changes and to notify us immediately of any security or technical concerns associated with your account.
- a valid credit card is required for all accounts;
- you may cancel your account for a full-refund within the first 7 days from the day you registered and paid in full for our Service;
- the Service is billed in advance at the frequency rate (annual, semi-annual, etc) selected by user and is non-refundable. There are no refunds or partial credits offered;
- all fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of such fees, excluding only United States taxes.