Terms of Use

RealOptions Pregnancy Medical Clinics

DATE LAST MODIFIED: October 30,  2017  These Terms of Use may be changed at any time.

Terms of Use:

This Terms of Use Statement applies only to the website at https://www.realoptions.net. This site is owned and operated by RealOptions, a Domestic Nonprofit Corporation. You are advised to check each page you visit on or from this site to determine whether you have moved onto a third party site.

This agreement is a legally binding contract between you ("You" or "Your") and RealOptions, its affiliates, subsidiaries and/or licensors ("We," "Us," or "Our"). We make the content on Our Site, including all information, documents, communications, files, text, graphics, images, video, user interfaces, visual interfaces, photographs, software, metadata, audio/visual files, and other copyrightable material owned by or licensed to Us (collectively, the "Materials"), available for Your use subject to the Terms of Use set forth below. The Terms of Use spell out what you can expect from Us and what We expect from You.

 

Acceptance of Terms of Use:

You accept and agree to all terms, conditions and notices contained or referenced on the Sites ("Terms of Use"). Please read the following Terms of Use carefully. If you do not agree to the Terms of Use, do not use Our Site. By accessing, shopping, using, or downloading in any way, without limitation, any Materials from Our Sites, or merely browsing Our Sites, You agree to and are bound by these Terms of Use.

We reserve the right to change the Terms of Use at any time. If we modify these Terms of Use, we will update the "Date Last Modified" and such changes will be effective upon posting. If we make material changes to the Terms of Use, we will notify you by prominently posting a notice on the Sites or by sending you a notice to the e-mail address we have on file for you. If You do not agree to the new Terms of Use, then You should stop using Our Materials and service.

 

Site Security:

You are prohibited from violating, or attempting to violate, the security of this site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the site include without limitation:

  • logging into or attempting to log into a server or account that you are not authorized to access;
  • accessing data or taking any action to obtain data, information or services not intended for you or your use;
  • attempting to probe, scan or test the vulnerability of any system or network;
  • tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
  • transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer's functionality or the operation of the site.

 

Other Prohibited Activity

In using this site, you must not:

  • post, send or otherwise transmit to or through the site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person's privacy or other rights or any material that RealOptions in its sole discretion does not wish posted or transmitted on the site;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
  • misrepresent your identity or affiliation in any way;
  • engage in deceptive online marketing;
  • violate any applicable laws or regulations; or
  • assist or permit any persons in engaging in any of the activities described above.

 

User Submissions:

You must exercise caution, good sense and sound judgment in using the site. You are responsible for any material you place on or transmit to or through the site. You agree, represent and warrant that any information you post to or transmit through the site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

 

Unsolicited Ideas:

RealOptions does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through this site that you consider to be confidential or proprietary. Any material that you transmit to or through this site will be considered non-confidential and nonproprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas.

Except as expressly provided in the Privacy Statement or separate written agreement between you and RealOptions you give RealOptions an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that RealOptions has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this site.

 

Copyright:

The material made available at this site is protected by copyright. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of RealOptions’s copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this site except the "home page" (https://www.realoptions.net), must be obtained in a signed written agreement from the CEO of RealOptions in advance. Requests for such authorization should be sent via email. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill is proprietary to RealOptions. In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by RealOptions does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but RealOptions retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human- perceivable form, except to the extent permitted by applicable law and on giving RealOptions prior written notice of such activities.

 

Trademarks:

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to RealOptions or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

 

Ideas and Inventions:

All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Us in connection with Your use of this Site shall become Our exclusive property. You agree that unless otherwise prohibited by law We may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.

 

Links to Other Websites:

As you view this site, you will notice links to other non-RealOptions websites. These links are for convenience only. Certain of these linked websites may make use of RealOptions proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from RealOptions. RealOptions is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third party website. In addition, providing links to these sites should not be interpreted as endorsement or approval by RealOptions the organizations sponsoring the sites or their products or services.

 

Notice and Procedure for Making Claims under the Digital Millennium Copyright Act:

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that your copyrighted work has been copied without your authorization and is available on Our Sites in a way that may constitute copyright infringement, You may provide notice of Your claim to Our Designated Agent listed below. For your notice to be effective, it must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on this Sites;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  5. 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; and
  6. 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.

 

Designated Agent:

RealOptions, CEO, [email protected]
1671 The Alameda, Suite 200. San Jose, 95126

The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Our Sites. All other inquires to the Designated Agent will not be answered.

 

Privacy and Protection of Personal Information:

We respect the privacy of visitors to our Sites. Please see Our Privacy Notice relating to the collection and use of Your information. You acknowledge and agree that this Privacy Notice, including, but not limited to, the manner in which We collect, use and disclose Your personally identifiable information, is incorporated and made part of these Terms of Use. If You do not agree to each and every part of Our Privacy Notice, then You should not use the Sites or submit any personally identifiable information through Our Sites. Questions regarding privacy issues should be directed to Us via e-mail at [email protected].

 

Jurisdictional Issues:

This site is controlled and operated by RealOptions Pregnancy Medical Clinics. 1671 The Alameda, Suite 200, San Jose, CA 95126 from its offices within the State of California in Santa Clara and Alameda County in United States of America. By visiting the RealOptions Site, even if accessed from a location outside California or outside of the United States, you agree that the laws of the State of California will govern these disclaimers, Terms of Use and Privacy Notice, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to Our Sites and these disclaimers, Terms of Use or Privacy Notice at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of California. RealOptions makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this site from jurisdictions where the contents of this site are illegal or penalized is prohibited. Software from this site is further subject to United States export controls.

 

Circumvention:

You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms of Use or the Materials offered through Our Sites or otherwise interrupt or attempt to interrupt the operations of the Sites (collectively, a "Circumvention Act"). If We determine, in Our sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Sites, then, in such an event, We reserve the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.

 

Termination:

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise.

This agreement will terminate immediately without notice from RealOptions if in RealOptions sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under the terms of this agreement or otherwise. The provisions of this Terms of Use Statement concerning site security, prohibited activity, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, governing law and jurisdiction shall survive any termination of this agreement.

 

Security.

We, and Our Providers, reserve the right to monitor all network traffic to Our Sites to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to Our Sites in any fashion. Anyone using Our Sites expressly consents to such monitoring. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any information, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

 

Disclaimer of Warranties and Limitation of Liability:

You expressly agree that use of Our Site, services, and Materials at Your sole risk. Neither We nor any of Our officers, directors, employees, agents, merchants, sponsors, licensors, suppliers (both hardware and software), and/or any third party who provides products or services purchased from, used, transmitted or distributed by Us (collectively "Providers"), or the like, warrant that sites affiliated with Providers, including, but not limited to, Our Sites, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on Our Sites may contain inaccuracies or typographical errors. Furthermore, information You may provide to Us online may be lost or destroyed due to technical problems with Our systems that are beyond Our control. We make no warranty as to the results that may be obtained from the use of Our Sites or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Our Sites.

The materials in this site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, RealOptions disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. RealOptions does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. RealOptions does not make any representations or warranties regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

Limitation of Liability:

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall NOT be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if RealOptions or a RealOptions authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall RealOptions’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to RealOptions if any, for using this site.

 

Indemnity:

You agree to indemnify, defend and hold RealOptions, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this agreement; and/or (ii) your activities in connection with this site.

 

Waiver/Severability:

Any failure by Us to require or enforce strict performance by You of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Your right to assert or rely upon any such provision or right in that or any other instance.

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Use, which shall continue to be in full force and effect.

 

Statute of Limitations:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Our Sites, Terms of Use and/or Privacy Notice must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

 

Entire Agreement:

These Terms of Use constitute the entire agreement between us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use and/or Privacy Notice will be effective only if in writing and signed by Us.

 

THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.

 

Disclosure; Forward-Looking Statements

CAUTIONARY STATEMENT RELEVANT TO FORWARD-LOOKING INFORMATION FOR THE PURPOSE OF "SAFE HARBOR" PROVISIONS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. This Web site contains forward-looking statements relating to RealOptions operations that are based on management's current expectations, estimates and projections. The reader should not place undue reliance on these forward-looking statements, which speak only as of the date of this report.

Unless legally required, RealOptions undertakes no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise.

 

Changes to Terms of Use Statement:

RealOptions may revise this Terms of Use Statement at any time without notice. Although RealOptions will endeavor to highlight any changes to this Statement, you should revisit this site periodically to make sure you are aware of the most recent terms, because they will be binding on you. Your use of the site after such changes constitutes your agreement to such changes. If you have any questions or complaints regarding this Terms of Use Statement, please email us at [email protected] and we will endeavor to respond to you promptly.