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Terms of Service

Last updated: January 25, 2023

Please read these Terms of Service carefully before using Our Service.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: the United States.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Women AI Inc., 188 W Blithedale Ave, Mill Valley, CA 94941, USA.

Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Services refers to the website located at wearerita.com, and all related services, features and content offered by the Company. 

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms of Service (also referred to herein as "Terms" and “Agreement”) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Service governing the use of the Services and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Services.

Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Services.

By accessing or using the Services. You agree to be bound by these Terms of Service. IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF SERVICE THEN YOU MAY NOT ACCESS THE SERVICES.

You represent that you are over the age of 21. The Company does not permit those under 21 to use the Services.

Your access to and use of the Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company, located at https://www.wearerita.com/privacy-policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Services or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

You grant the Company and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services, subject to Our Privacy Policy. 

Medical services disclaimer

THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION, OR SERVE AS A BIRTH CONTROL METHOD OR ​CONTRACEPTION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY OR FETUS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL EMERGENCY SERVICES OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS ANY VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO SEXUAL EDUCATION AND RELATED MATERIALS.​ NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. 

OUR GOAL IS TO HELP MAKE CERTAIN HEALTH-RELATED INFORMATION MORE READILY AVAILABLE AND USEFUL TO YOU. HOWEVER, THE SERVICES CANNOT AND DOES NOT GUARANTEE HEALTH-RELATED IMPROVEMENTS OR OUTCOMES. YOUR USE OF THE SERVICES AND ANY INFORMATION, PREDICTIONS, OR SUGGESTIONS PROVIDED IN THE SERVICES ARE AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND AS TO THE ACCURACY OF DATA, INFORMATION, ESTIMATES, AND PREDICTIONS THAT WE MAY PROVIDE TO YOU THROUGH THE SERVICES AND YOU AGREE AND UNDERSTAND THAT THE SERVICES ARE NOT INTENDED TO MATCH OR SERVE THE SAME PURPOSE AS A MEDICAL OR SCIENTIFIC DEVICE OR HEALTHCARE PROVIDER. YOUR RELIANCE ON ANY INFORMATION PROVIDED BY RITA HEALTH OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.

Registration and eligibility

To use the Services, you may be required to create or update an Account and will be asked to provide certain personal information, which may include your name, birth date, and e-mail address. This information will be held and used in accordance with our privacy policy, which can be found at Privacy Policy, located at https://www.wearerita.com/privacy-policy. When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

Your use of the Services

If you think you may have a medical emergency, call your doctor or emergency services immediately.

As a condition of using the Services, you agree not to use the Services for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Services and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:

а. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services;

b. modify, reverse engineer, decompile or disassemble the Services;

c. copy, adapt, alter, modify, translate, or create derivative works of the Services without the written authorization of the Company;

d. permit other individuals to use the Services, including but not limited to shared use via a network connection, except under the terms of this Agreement;

e. circumvent or disable any technological features or measures in the Services for protection of intellectual property rights;

f. use the Services in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;

g. use or access the Services to compile data in a manner that is used or usable by a competitive product or service;

i. use your Account to engage in any illegal conduct.

Any such forbidden use shall immediately terminate your license to use the Services.

Payment

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the fees for the Service (including the Subscription). 

Refunds

Rita's proactive fertility health report is non-refundable.

Certain refund requests for fees may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

User Accounts

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account by e-mailing us at support@wearerita.com.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You further acknowledge and agree that the Services and your Account are designed and intended for personal use on an individual basis and you should not share your account and/or password details with another individual. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received arising from using the Services, and shall not be responsible for any losses arising out of the unauthorized use of your account or information resulting from you not following these rules.

Intellectual Property

The Service and its original content (excluding User Content, defined below), features and functionality, including any feedback and suggestions for improvement provided by You that are not included in “User Content,” are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on the Services are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.

  • Your computer may temporarily store copies of the Content in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your web browser for display enhancement purposes.

  • When we provide social media features, such as allowing you to share items you find in the blog and in the summary report section through social media links in those posts, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any Content from the Services;

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services; or,

  • Access or use for any commercial purposes any part of the Services or any Content available through the Services, including medical explanations, insights and next steps. 

Limited License to the Services

We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the Services for personal and non-commercial purposes in accordance with the terms of this Agreement. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Services without prior express written permission from the Company which may be withheld for any or no reason. You further agree not to download, display or use any content on the Services that is provided by the Company or its licensors located on the Services for use in any publications, in public performances, on websites other than the Services for any other commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company or its licensor's property, or that otherwise infringes the Company or its licensors’ intellectual property rights. You further agree to in no other way misuse any content published by the Company or third-party content that appears on the Services.

All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to support@wearerita.com.

To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the Services, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content (as defined below), and the compilation of aggregate user review ratings and all other elements and components of the Services, excluding User Content (collectively referred to herein as the “Company’s Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the Company’s Content are retained by us.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Use of mobile devices

Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the Services on a mobile device.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company, Company’s affiliates, agents, contractors, and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Indemnity

You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers and content providers, harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys’ fees, arising out of the user’s use of the Services, any claims related to the user’s violation of these Terms, the user’s violation of applicable law arising from its use of the Services, and the user’s violation of any third party’s rights arising from the use of the Services. 

‍UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RITA HEALTH BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SERVICES, EVEN IF RITA HEALTH OR A RITA HEALTH 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, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RITA HEALTH’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 IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State of California, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Services may also be subject to other local, state, national, or international laws.

Dispute Resolution

Unless otherwise required by mandatory laws in your country of residence, the Agreement (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and the Company agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

If you are a resident of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

IF YOU RESIDE IN THE UNITED STATES, THE ARBITRATION AGREEMENT (DEFINED BELOW) IN THIS SECTION SERVICES LIES TO YOU. PLEASE READ THEM CAREFULLY.

This Arbitration Agreement only applies to you if you reside in the United States.

You may opt out of this Arbitration Agreement. If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding.

To opt out, you must notify the Company in writing postmarked within 30 days of the date you first accepted this Agreement. You must use this address to opt out:

Women AI Inc., 188 W Blithedale Ave, Mill Valley, CA 94941, USA

If you do not reside in the United States, and you nevertheless attempt to bring any legal claim against the Company in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

The Company is committed to participating in a consumer-friendly dispute resolution process. To that end, this Agreement provides for a two-part process for individuals to whom this Section applies: (1) an informal negotiation directly with the Company’s customer service team, and, if necessary, (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and the Company each retain the right to seek relief in small claims court as an alternative to arbitration. 

At least 30 days prior to initiating an arbitration, you and the Company each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Women AI Inc., 188 W Blithedale Ave, Mill Valley, CA 94941, USA. The Company will send its notice of dispute to the email address associated with your Company account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

You and the Company mutually agree that any dispute, claim or controversy arising out of or relating to this Agreement (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”).  If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and the Company agree that the arbitrator will decide that issue.

This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules. 

In order to make the arbitration most convenient to you, the Company agrees that any required arbitration hearing may be conducted, at your option: (a) in the US county where you reside; (b) in Marin County, California; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

No Class Actions or Representative Proceedings. You and the Company acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

If the Company changes this Section after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and the Company (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and the Company.

Except as provided in the preceding paragraph, upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, all ownership provisions, warranty disclaimers, and limitations of liability.

If for any reason an arbitral tribunal or court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in arbitral, judicial or administrative proceedings.

No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

The software that supports the Services may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product or products derived from or based on such technology received from the Company under these Terms of Service thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to the Services

From time to time and without prior notice to you, we may change, expand, and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain features of the Services. Your use of the Services does not entitle you to the continued provision or availability of the Services. Any modification or elimination of the Services or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Notice and Takedown Procedures

If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from this Services by contacting the Company and providing the following information:

а. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorized version of the work.

b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

c. Your name, address, telephone number and (if available) e-mail address.

d. A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.

e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

f. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.

Contact Us

If you have any questions about these Terms of Service, You can contact us:

  • By email: support@wearerita.com

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