TERMS OF USE

Last Updated: June 26, 2015

Welcome to the Reconceiving Loss web site (“Site”), which is operated by Reconceiving Loss LLC (“Reconceiving Loss”).  Theses Terms of Use (“Terms”), which include our Privacy Policy, describe the terms and conditions for using the Site.  If we modify the Terms, we will provide you with notice either on the Site or by other means we determine appropriate.  By continuing to use our Site after updated Terms are posted, you agree to the new Terms.

Please read these Terms carefully, because by using our Site, you agree to be bound by these Terms.  If you do not consent to these Terms, you may not use our Site.

Informational and Educational Purposes – Not Medical or other Professional Advice

The Site Content (including text, webinars, graphics, photographs, and other material) is intended for informational and educational purposes only.  Our Site may offer commentary and suggestions from “coaches,” but no Site Content is meant to be medical or other professional advice or to substitute for professional diagnosis or treatment.  Always seek advice from your physician or other health care provider for any questions you may have regarding a condition.  Do not disregard medical advice or delay in seeking it because of any information available on our Site.  If you think you may have a medical emergency, call your physician or 911 immediately.  Our Site does not recommend or endorse any individual physician, treatment, test, procedure, opinion, product, resource, or other information referenced on our Site.  If you choose to meet with any coach, member, or other person outside of your Site or to rely on our Site content, our Site has no responsibility whatsoever and you do so solely at your own risk.  If you find any Site Content objectionable, please do not use our Site.

Our goal is to provide accurate and relevant information and a community of support.  We are dedicated to providing our Site visitors with resources for coping with pregnancy or infant loss and strategies for dealing with loss.  We encourage you to choose the Site Content that is most appropriate for you and your individual circumstances.

Membership; Gift Subscriptions

Access to certain features on our Site is limited to paid members who open an account (“Account”).  If you know someone who has experienced a pregnancy or infant loss, you may give a gift subscription to our Site’s premium resources.

You:

(A) are responsible for all activity under your Account and ensuring all information you submit on the Site is true, accurate and complete;

(B) must keep your username and password confidential;

(C) may not transfer your Account or give another person access to it;

(D) must notify us immediately if you become aware that anyone has gained or attempted to gain unauthorized access to your Account;

(E) are responsible for your interactions with other Members; and

(F) agree to take all necessary precautions in all interactions with others, particularly if you choose to communicate outside of the Site or to meet in person.   

We reserve the right, in our sole discretion, to suspend or terminate any Account or to block access to our Site at any time if we suspect that you have not complied with these Terms or any applicable laws or regulations or for other reasons that we determine in good faith are necessary or appropriate.  

Copyright and Trademark

Content on our Site is protected by copyright law and owned by Reconceiving Loss and our licensors; users (and their licensors) retain copyright in User Content and grant Reconceiving Loss a license as described below.  Unless otherwise noted, you may download a single, machine-readable copy of material on our Site (“Site Content”) for your personal, non-commercial use as long as you do not alter the Site Content or remove any trademark, copyright, or other notices concerning the Site Content.  You may not otherwise reproduce, distribute, create derivative works of, publicly display or perform, or otherwise use the Site Content without prior written permission of the copyright owner.

“Reconceiving Loss” and other trademarks, logos and indicators of source (“Trademarks”) on our Site are owned by Reconceiving Loss or third parties.  You may use these Trademarks only with written permission of the Trademark owner.  You may not use our Trademarks: (A) in connection with any product, service, or activity that does not belong to us; or (B) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity.

Third-Party Web Sites

Our Site may contain links to web sites controlled by third parties including social media networks (collectively, “Third-Party Web Sites”).  We are not responsible for Third-Party Web Sites or their content or activities.   Your activities on Third-Party Web Sites are governed by those sites’ terms of use and privacy policies; please review them carefully to learn about their practices.   Any links or other resources we provide on our Site do not imply we endorse a third party or their content or activities.

User Content

Our Site may allow you to submit content and share comments, questions, answers, information, and other materials, including text, photographs, videos, music, and other materials (collectively, “User Content”). 

If you submit User Content:

(A) you grant us an irrevocable, non-exclusive, worldwide, sublicenseable, royalty-free, license to reproduce, distribute, create derivative works of, and publicly display and perform the User Content in whole or in part in any media now known or later developed in connection with our Site, including your name and likeness, and names and likenesses of others, and third-party material included in the User Content; and

(B) you represent and warrant that: (i) you have the right to submit it; (ii) you have obtained all rights necessary to grant rights to us; (iii) the User Content does not violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or other proprietary, personal, or other right of any kind; and (iv) no User Content contains any material given to you in confidence.

You irrevocably release (on behalf of yourself and your successors, heirs, family members, and executors) Reconceiving Loss LLC and its affiliates (and their respective members, managers, directors, officers, employees, representatives, and agents) from any claim of any nature that you have or ever may have (based on any cause of action, including rights of publicity or privacy, trademark, copyright, “moral rights,” false light, defamation, false advertising, or intentional or negligent infliction of emotional distress) arising out of use of User Content and your name, likeness, or other identifiable traits provided.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”  If you reside in any other jurisdiction that places similar restrictions on a general release, you waive such restrictions to the maximum extent permissible under applicable law.

We:

(A) have no obligation to display or use any User Content in any way or to pre-screen, monitor, reject, edit, supplement, or delete User Content, but we reserve the right to do so;

(B) may delete, modify, or supplement User Content at any time for any reason;

(C) do not endorse or adopt any User Content;

(D) may restrict you from submitting new User Content or from otherwise participating in our Site’s features for any reason at any time; and

(E) are not responsible for any failure or delay in removing User Content that does not comply with these Terms.

You are solely responsible for any User Content you submit to our Site.  Since any personal information you submit to a public area of our Site will be publicly available, you should consider this before submitting it. 

User Content from some platforms may contain advertising from service providers.

Conduct on our Site

We value a diversity of viewpoints and expect users to display respect for others and to be discrete and maintain civility on our Site.  Accordingly, you may not submit or otherwise make available any User Content that:

(A) is obscene, unlawful, tortious, defamatory, vulgar, explicitly sexual, libelous, threatening, intimidating, hostile, harassing, abusive, or otherwise objectionable or inappropriate;

(B) you do not have the right to submit or that violates anyone’s rights or any law or regulation;

(C) includes unauthorized, unsolicited, junk, spam, bulk email, advertising or similar forms of communication; or

(D) contains computer code or other elements designed to interrupt, corrupt, destroy, or otherwise interfere with the functionality of any software, hardware, or equipment or cause any other harmful or undesirable effect.

Notice and Procedure For Making Claims Of Copyright Infringement

We respect copyright and other proprietary rights, but we may not monitor all third-party material posted on our Site.  If you believe any material posted on our Site infringes your copyright, you may request us to remove those materials from our Site in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below.

A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) (“Notice”) must be sent to the agent we have designated with the Copyright Office:

Marla Walker
c/o Wing & Clover
22 East Market Street, 2nd Floor
Rhinebeck, NY 12572
Tel: (845) 205-2854
Fax: (845) 205-2854
Email: marla@wingandclover.com

Your Notice must be in writing and must include the following:

(1) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(5) A statement that you have a good-faith belief that use of the material in the manner complained of 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 made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

When we receive a Notice that complies with the Copyright Act, we may remove the identified material and make a good-faith effort to inform the user who posted the allegedly infringing material (“alleged infringer”) of the Notice and removal.  The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that complies with the Copyright Act.  

The Counter-Notice must be in writing and must include:

(1) A physical or electronic signature of the alleged infringer;

(2) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error;

(4) The alleged infringer’s name, address, and telephone number; and

(5) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.

Upon receipt of a Counter-Notice, we will notify the sender of the Notice that we received the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless the sender of the Notice informs us that it has filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.

Disclaimers

OUR SITE IS AVAILABLE “AS IS” AND “AS AVAILABLE.”  WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ANY PORTION OF IT: (A) WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE, ACCURATE, TIMELY, RELIABLE, OR NON-INFRINGING, AND WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS OR OTHER ISSUES; OR (B) WILL BE FREE OF VIRUSES, WORMS, “TROJAN HORSES,” OR SIMILAR ELEMENTS, AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH ELEMENTS.  TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OUR SITE INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).  IF YOU RELY ON OUR SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. 

Limitation of Liability

RECONCEIVING LOSS LLC AND ITS AFFILIATES (AND THEIR RESPECTIVE DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES) (COLLECTIVELY, “ADDITIONAL PARTIES”) ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR OTHER ISSUES IN OUR SITE, SERVICES OR MATERIALS, INCLUDING ANY LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.  UNDER NO CIRCUMSTANCES WILL RECONCEIVING LOSS LLC OR THE ADDITIONAL PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.  SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  RECONCEIVING LOSS LLC WILL BE LIABLE TO YOU ONLY TO THE EXTENT OF ANY ACTUAL DAMAGES YOU INCUR, NOT TO EXCEED US $1000 IN ANY CASE.  YOU MUST BRING ANY CLAIM IN CONNECTION WITH OUR SITE WITHIN ONE YEAR AFTER THE DATE OF THE EVENT GIVING RISE TO YOUR CLAIM.

Indemnification

You agree to indemnify (and, if requested, defend) Reconceiving Loss LLC and the Additional Parties against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that they may incur based on claims arising out of use of our Site or violation of these Terms. We reserve the right to assume the exclusive defense and control of any claim for which we are entitled to indemnification.  You agree to cooperate as we reasonably request.  You may not settle any claim in a manner that would bind Reconceiving Loss LLC or the Additional Parties without prior written consent in each case.

Links, Frames and Metatags

Unless you obtain our prior written consent in each case, you may not: (A) frame our Site Content on any other web site without our express prior written consent in each case; or (B) use metatags or other “hidden text” that incorporates our Trademarks or marks confusingly similar to our Trademarks

Termination

We reserve the right to terminate your Account, our Site (or any part of it) and these Terms without notice for any reason.  The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination.

General

These Terms, which include our Privacy Policy, is the complete agreement between you and Reconceiving Loss LLC regarding your use of our Site and is governed by the laws of the State of New York applicable to agreements made and completely performed there, unless doing so would lead to the application of the laws of another jurisdiction. You hereby irrevocably agree: (A) to bring any claim relating to your use of our Site or these Terms exclusively in the state and federal courts located in the State and County of New York; and (B) to waive any objection to that jurisdiction based on an inconvenient forum or other reasons.  If a court determines that any of these Terms are unenforceable for any reason, that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law.  Our waiver of any term or breach must be in writing, and a waiver in one instance will not be considered a waiver in another instance, whether similar or different.  You may not assign these Terms, and any attempt to do so will be null and void.  The term “including” is illustrative and means “including, but not limited to.”

Questions

If you have any questions about these Terms, including the Privacy Policy, please contact us at info@reconceivingloss.com.

PRIVACY POLICY

Last Updated: June 26, 2015

Reconceiving Loss LLC is committed to protecting your privacy.  This Privacy Policy describes information we collect through our Site, how we use it, how you can make choices about our use, and with whom we share the information.  By using our Site, you consent to our collection and use of information about you in accordance with this Privacy Policy, which is part of our Terms of Use.

Collection and Use of Your Information

We or our service providers may collect your personal information (“Your Information) when you voluntarily provide it.  For example:

If you register to become a member and open an account or give a gift subscription, our service providers may collect your name, credit card or other payment information and related information; these service providers do not provide us with your credit card or other payment information, but may provide us with selected information such as your name and email or the name and email of the person to whom you send a gift subscription.

If you sign up to receive newsletters or other communications from us, participate in certain services (such as a workbook) or provide personal information in a community forum, we will use Your Information for the purposes you provided it and we will make it available to others in accordance with your privacy settings.  If you no longer want to receive such emails, you may follow the “unsubscribe” instructions in the email, change your preferences in the profile of your Account, or send us an email at info@reconceivingloss.com.

If you use certain services or participate in certain interactive features and events (such as a webinar or coaching session), your participation will be governed not only by these Terms but any terms and policies of the service provider or platform.  We are not responsible for the privacy practices or other activities of these service providers, so please review them carefully.  In addition, some events available on our Site may be recorded and archived so that they will be available as resources for members.  If you ask questions or otherwise participate in events that are recorded, you consent to the recording and use of your participation on our Site as described. 

If you access any User Content that incorporates other platforms, it may contain advertising from those third-party service providers and will be subject to the terms and privacy policies of those third parties.

Cookies

Our Site may use cookies, which are small data files placed on your computer, or similar technologies.  You are not required to accept cookies from our Site.  You can disable the cookies function, or delete existing cookies, by using your web browser’s options.  If you disable cookies, you may not be able to access your Account and may not be able to access other features on our Site.

Other Information 

We may also collect information about visitors to our Site, such as the IP address associated with your computer or device used to access our Site, the time and date of visits to our Site, the web pages viewed during a visit, the type of web browser and operating system used, the web site that referred or linked you to our Site, and the web site you visited upon leaving our Site.  We may use this information to analyze how visitors use our Site so we can improve the quality of the information and services we provide and similar reasons.  We do not use this information in a non-aggregated manner, but we reserve the right to do so if we deem it appropriate in response to legal process, to protect someone’s rights, or similar reasons.

Sharing Information with Third Parties

Workbook Tool.  If you respond to prompts in our workbook tool, you will have the opportunity to invite others to view your response.  To share a workbook response with the registered members on our Site (anonymously if you prefer), click the link “Share with the Reconceiving Loss Community” below your response.  Enter the name you wish to appear with your response and a title to be displayed, then click “Share Now.”  If the response conforms with our Site requirements and Terms, your response will be displayed to registered Site users although there may be a delay in your response becoming visible on our Site.  Please do not share any response in this manner if you do not want the contents to be generally available.  We reserve the right to edit responses before making them available to the public, including to remove any personally identifying information from them, but we have no obligation to do so.

Other Sharing and Disclosures.  We may share Your Information with service providers that help us operate and provide services in connection with our Site (“Service Providers”), such as the companies that host our Site.  We reserve the right to disclose and use Your Information and anonymous information in special circumstances, including to enforce this Privacy Policy or any other part of our Terms; to comply with legal process or law enforcement, to address actual or suspected illegal activity, to protect anyone’s property, rights, or safety; and for other reasons we determine in good faith are necessary, appropriate, or required by law.  If Reconceiving Loss LLC ever has a change in control (e.g., a merger, a sale of assets, or other reorganization), Your Information may be transferred along with other assets. 

Review and Update Your Information

If you wish: (A) to review and update your profile information or communication settings, you can do so through your Account; or (B) to revise or remove your responses to prompts in the workbook tool, you can make these changes through the workbook tool.  

If you have any questions regarding our treatment of Your Information, you can contact us by sending a request to us by email at info@reconceivingloss.com, or by mail at Reconceiving Loss, P.O. Box 184, Rhinebeck, N.Y. 12572.

Third-Party Information

Our Site may allow you to send communications related to our Site to third parties (e.g., in connection with a gift subscription).  If you wish to use these features, our Site or our service providers may collect contact information from you about those third-party recipients (“Third-Party Information”).  We will use Third-Party Information only for the purposes for which you provide it.  If the third-party recipient wishes to have information about him or her deleted from our records, the recipient should contact us at info@reconceivingloss.com.

Security

We strive to keep Your Information in a secure manner and safeguard it from unauthorized access. Of course, no transmission over the Internet can be guaranteed to be 100% secure, so you provide Your Information at your own risk. 

Location of Servers and Transfer of Information

Our servers are located in the United States.  If you are located outside of the United States, be aware that the information you provide to us will be transferred to the United States.  By using our Site or providing Your Information to us, you consent to this transfer and to the collection, storage, processing and use of Your Information in the United States.  If you are located in the United States, our Service Providers may not be located in your geographic area in the United States.  By providing Your Information on our Site, you consent to the transfer of Your Information to these Service Providers. 

Children Under Age 13

Our Site is designed for use solely by individuals 13 years and older.  By using our Site, you represent and warrant that you are at least 13 years old.  If you are not at least 13 years old, you should not provide any personal or other information on our Site.  We do not knowingly collect personally identifiable information from children under the age of 13.  If you are a parent or legal guardian and believe your child under age 13 may have provided personally identifiable information through our Site, please contact us at info@reconceivingloss.com, or by mail at Reconceiving Loss, P.O. Box 184 Rhinebeck, N.Y. 12572.

Questions

For any questions you may have about this Privacy Policy, please contact us at  info@reconceivingloss.com.