Terms of Service
The Kegel Queen knows that understanding your health issues and health care options is very important to you. We are excited to bring you a wealth of information on pelvic floor fitness and the Kegel Queen Connection, a community area where you can share your experiences and learn from the experiences of others. When you are ready, we hope you will request our free report and become a customer. By doing so, you provide us with the information we need to enable you to become a participant on the Site and its related services.
We are not providing medical advice, diagnosis or treatment, or advice about what providers to use. The Site is an informational resource for you, and we hope a valuable one, but decisions about the best lifestyle choices and medical treatments for you should be made in consultation with your personal health care providers, whom you choose based on your own needs.
As with any website providing tools and information, there are rules about what you can and can't do, what we will and won't do, and what promises we do and don't make to you. Those are captured below in our Terms of Service. Please read them carefully because we want to be sure you understand and accept them before you use this Site.
The following terms constitute an agreement between you and Alyce Adams, RN, KegelQueen.com, the operator of the Site ("we" or "us"). This agreement ("Terms of Service") governs your use of the Site, both as a casual visitor and as a member.
1. About the Site
The Site contains a range of information and tools relating to health and wellness. The content ("Content") we have written or commissioned from health professional writers; Content we have licensed from well respected sources (see our Partner page for a list); and user submitted content, such as blogs, stories, forum postings, and doctor ratings. The Content we write and commission is written by medical and health experts and reviewed before it is posted. Content submitted by users is not reviewed or verified by us.
Everything we offer on the Site is referred to in these Terms of Service collectively as "the Services." Most of what's on the Site is viewable after requesting our free report. To actively participate or store your information, you must become a customer.
2. Changes to These Terms of Service
These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Site and Services, we will let you know by sending you an email if we have a current email address for you, and by noting on the Site that the Terms of Service have been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Site, or if you have registered as a member, cancel your registration. We recommend that you print or copy any information you have stored through the Services prior to canceling. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Service regularly.
In order to register, you will provide some basic information to us about yourself, such as your name, email address and your date of birth. During registration you may provide an e-mail address and create a password. These are your credentials for accessing Services that are only available to members ("Credentials"). You will also select a screen name that will be your "nickname" on the Site. You may not use a screen name that is vulgar, attempts to impersonate another person, or violates the rights of others.
4. Your Personal Information
5. Your Responsibilities
You are responsible for all use of the Site and Services using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. Please contact us if you believe your password may have been compromised. You may use the Site and Services for lawful, non-commercial purposes only. When participating in our communities or providing ratings, you must comply with the Posting Guidelines. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and Services. You may not attempt to gain unauthorized access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
6. Limitation on Use of Automated Tools
You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission, except that you may use Standard for Robot Exclusion (SRE) - compliant robots ("robots") provided that when connecting to the Site, prior to downloading or indexing any pages on the Site, such robots will immediately visit http://www.kegelqueen.com/robots.txt ("the robots.txt file"). You understand that the robots.txt file is the only means by which robots are authorized to access the Site. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your registration and all related information and files you have stored, and preclusion of any further access to such files or the Site.
7. Changes to the Services
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms of Service.
8. Links to Other Sites
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
9. Additional Terms
Certain Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
10. No Spam
You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
11. Content You Post or Submit
The Site includes a community area, where members can post messages, information, and images ("Postings") such as forums, blogs, and personal stories, that can be accessed and viewed by others, including the public in general. When you submit Postings keep in mind that they are not confidential and that they will be designated as modules that can be clipped and pasted on other personal and community websites. Please be thoughtful with your Postings, and avoid offending others or infringing their rights. You may only post Postings to public areas on the Site that you created or that you have permission to post. You may not post Postings that violate these Terms of Service or the Posting Guidelines, and we reserve the right to block your ability to post and/or to access the Site and Services if you do. You may also have the opportunity to submit ratings of doctors and hospitals on the Site. It is important that you act responsibly when providing these ratings. Please give clear, honest information about the doctor or hospital and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments. You may also have the opportunity to rate articles and user contributed Content. Please be respectful and thoughtful with your ratings. Your ratings are considered Postings and must comply with the Posting Guidelines.
You (or the author) continue to own the copyright in your Postings but, by submitting Postings to public areas of the Site, you grant us and our affiliates the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your Postings in any medium and any manner we choose, and to use your display name to attribute your postings to you if we so choose.
While some community areas are monitored for topicality, we have no obligation to prescreen Postings, and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content by using the Report Abuse link in community areas, and we reserve the right to remove Postings for any reason. We are not, however, responsible for any failure or delay in removing Postings. Keep in mind that the Postings of others are simply their opinions and you should not rely on them.
In addition to Postings, you may submit feedback to us. We welcome your feedback regarding our Site and Services. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site or Services, and that we will own all intellectual property that we create based upon or incorporating your feedback.
12. Your Use of Content
All of the Content available on or through the Services and/or the Site is owned by us, our suppliers, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give you permission to use the Content for personal, non-commercial purposes only, including the right to clip designated modules and paste them on a Kegel Queen.com personal or community page or other personal webpage, in accordance with the clip and paste rules built into each module. Some modules may not be clipped, some modules may be clipped, but only pasted on websites within kegelqueen.com, and others can be clipped and pasted on any personal website on the net. You may not circumvent these built-in usage rules. You may also print, download, and store articles and other information for your own convenience, but you may not distribute, republish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain.
13. Linking To This Website
You generally do not need to obtain permission from the Kegel Queen to put a text link on your site that links back to the KegelQueen.com website. We reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, use the following guidelines for adding one or more links to the Site from your website:
* The link must be a text-only link that clearly includes the phrases "KegelQueen.com" or "The Kegel Queen."
* The link must "point" to www.kegelqueen.com.
* The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Kegel Queen's good name and trademarks.
* The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by The Kegel Queen.
* The link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows.
* The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
14. Sweepstakes and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the page offering the contest, sweepstakes, or game, and which will be presented to you at the time you choose to participate in a contest,sweepstakes, or game.
15. International Use
The Site and Services, including the information provided on the Site, are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
16. We Make No Warranties
WE PROVIDE THE SITE AND THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE,FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES,WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE AND OUR SUPPLIERS ALSO DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. NO ORAL OR WRITTEN INFORMATION GIVEN BY A KEGEL QUEEN.COM REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.You use the Site and the Services at your own risk.
17. We Do Not Provide Medical Advice
THIS SITE AND THE SERVICES OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION,BUT ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS,OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD,AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OFANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATE DOR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE,AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES,WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTHCARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Your access or use of this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by thisSite, its employees, or its guests or visitors, you do so solely at your ownrisk.
18. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR, OUR PARENT'S AND OUR SUPPLIERS' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THEUSE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PRIOR SIX MONTHS FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR PARENT,AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USETHE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS,LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BYLAW.
19. Limitation of Liability
KEGELQUEEN.COM HEREBY DISCLAIMS ANY LIABILITY TO YOU, THE USERS OF YOUR PERSONAL HEALTH PORTFOLIO, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR PERSONAL HEALTH PORTFOLIO, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR,OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF SUCH PERSONAL HEALTH PORTFOLIO UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES,AGENTS, SUPPLIERS, OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
We may terminate and/or suspend your registration immediately, without notice,if there has been a violation of these Terms of Service or other policies and terms posted on the Services by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Your right to use the Services will end once your registration is canceled or terminated, and any data you have stored on such a Service maybe unavailable later, unless we are required to retain it by law. You may terminate your registration at any time on the Account information page. We recommend that you transfer any medical records or other information stored on the Site prior to terminating your registration.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site and the Services.We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
22. Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may sendto you in electronic form any privacy or other notices, disclosures, reports,documents, communications or other records regarding the Services (collectively,"Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicableService or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms of Service" link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
23. Entire Agreement
This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of theseTerms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible,the original intentions of the parties, and the remaining portions shall remain in full force and effect.
24. Choice of Law and Location for Resolving Disputes
You agree that the law of the State of New York governs this contract and any claim or dispute that you may have against us or our suppliers, without regard to the State's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.You further agree that any disputes or claims that you may have against us or our suppliers will be resolved by a court located in the District of Columbia.PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS,INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to any one else.
26. Procedures for Making Claims of Copyright Infringement
We respect the intellectual property of others, and we ask our suppliers and those posting to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
4. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
5. Your name, address, telephone number, and email address so that we may contact you.
6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this Site can be reached as follows: Support Page.
All trademarks appearing on the Services are the property of their respective owners, including, without limitation, the Kegel Queen. No right, license or interest to such trademarks is granted by this Agreement.