Expectful Terms & Conditions of Use Agreement
Welcome to Expectful, Inc.’s (“Expectful”) website!
Expectful’s website (hereinafter referred to as the “Website”) is designed to provide you with high quality video and audio of meditation classes, exercises and guided meditations and information about fertility, pregnancy and motherhood, bringing together a community of people that are interested in well-being while trying to conceive, during pregnancy and new motherhood. This Website is not directed to persons under eighteen (18) years of age.
The Website is owned by Expectful. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Expectful, the mobile or tablet versions thereof, any Expectful software, and any applications created by Expectful whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service”). Please note that the availability of any Expectful applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Expectful and such social networking site, mobile or tablet device, or internet television or other technology platform.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Expectful reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on the Website is void where prohibited.
Content (as defined in Section 6 of this Agreement) on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Expectful. Expectful reserves all rights not expressly granted in and to the Website and the Content.
You may access Website and Content as available:
for your information and personal use; as intended through the normal functionality of the Expectful Service; and for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Expectful Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.
3. Health Disclaimer
Meditation postures, in all of its forms and with or without the use of equipment such as blocks, cushions, pillows or any other equipment that may be suggested by a Expectful instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any meditation posture using any suggested equipment, shown or spoken about in any of the video clips on the Website. Expectful is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Expectful videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Website you represent that you understand that meditation involves holding certain postures, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Expectful, you will not exceed your limits while performing such activity. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Expectful, or any person or entity involved with Expectful, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
Expectful’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Expectful you are representing that you are eighteen (18) years of age or older.
5. Member Account, Password and Security
If you register on the Website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Expectful of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorization from Expectful. Expectful will not be liable for any loss or damage arising from your failure to comply with this Agreement.
6. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, pornography, sexually explicit material or offensive subject matter; provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information from other Members; involves commercial activities and/or sales without Expectful’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; denigrates, ridicules, or demeans another person; orcontains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Expectful servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
7. Responsibility for Content
You, and not Expectful, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Website. Expectful does not control the Content posted via the Website and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Expectful be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
8. Rejection/Removal of Content
You acknowledge that Expectful may or may not pre-screen Content posted on the Website, that Expectful is not responsible for behavior or comments of teachers and/or students and/or music on the Website, but that Expectful shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Expectful shall have the right to remove from the Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Expectful.
If you become aware of misuse of the Service by any person, please contact Expectful.
9. Termination or Suspension of Account
You agree that Expectful may at any time and for any reason, including a period of account inactivity, terminate your access to Expectful Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
11. Security Components
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Expectful and/or content providers who provide content to Expectful. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
12. Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Expectful or by third parties that have licensed or otherwise provided their material to Expectful. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Expectful’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
13. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Expectful. Unauthorized framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
14. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through the Website or the Service, you hereby grant to Expectful a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but Expectful has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Expectful’s servers after the Content appears to have been removed from the Website, and Expectful retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Website or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Website or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
15. Expectful and Third Parties
Our Website contains Content of Expectful, and Content of third party licensors to Expectful (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Expectful owns and retains all rights, title and interest in the Expectful Content. Expectful hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Expectful Content and any third party Content located on or available through the Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Website or Service.
Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Expectful is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Expectful or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Expectful encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Expectful works to ensure the information on the Website is current and accurate, Expectful does not warrant the accuracy of any information contained on the Website (including information provided by instructors) or its fitness for any particular purpose.
16. Other Sites
17. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
If you have any questions or comments regarding this Agreement or the Website, feel free to contact us by e-mail.
19. Free Trial & Monthly Billing
Expectful’s free trial is available to all new users. Users may only sign up once for the free trial.
Following the free trial, to ensure uninterrupted service, all Expectful subscriptions are renewed automatically using the credit card on file. Billing continues on a monthly basis until the subscription is canceled. All sales are considered final and refunds will not be issued.
You may cancel your subscription at any time under the My Account tab in the web and iOS apps.