Effective Date: November 25, 2021
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
To the extent certain Rita Health products may be provided with additional or different terms or conditions (“Product Terms”). In the event of any Product Terms conflict with this Agreement, the Product Terms will control.
The Services are available only to individuals who are at least 18 years old or who have the consent of a parent or other legal guardian. Therefore, you represent and warrant that if you are an individual, you are at least 18 years old or have had a parent or other legal guardian review and accept this Agreement. You also certify that you take full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
The information provided by Rita Health is for purposes of improving your wellness only and is not intended to provide medical advice, diagnosis, or treatment. Our fertility assessment was developed in partnership with leading fertility experts, however they are not an absolute predictor of fertility. The Content and Services (including any reports we provide you) are for informational purposes only. The Services are designed to help support the health related choices that you make. These choices are yours and may require the advice of a health care provider. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment or recommendation regarding medication. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. Furthermore, you should not interpret any Content or reporting we provide you or any other communications from Rita Health as recommending any specific treatment plan, product or course of action. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services!
If you think you may have a medical emergency, call your doctor or 911 immediately. The Services does not endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services. The Services provides information and answers to certain reproductive health questions based on the information you input. The information the Services provides are meant to be considered by you and your physician. Reliance on any information provided by the Services is solely at your own risk.
WITHOUT LIMITATION OF THE FOREGOING, RITA HEALTH DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE CONTENT FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE CONTENT CONTAINED THEREIN.
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
INTELLECTUAL PROPERTY RIGHTS
You must not:
We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on or through the Services. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party.
We may provide links to third party direction, location and map services solely as a convenience to our users, which are intended to be used solely for informational purposes. We make no warranties on the accuracy of their content, route usability, expeditiousness or road conditions (including whether there are obstructions, like tunnels or bridges that may inhibit certain vehicles from safely using a particular route.) You assume all risk of use. Rita Health and its suppliers shall not be liable to you or any other person for any loss, damage or delay resulting from your use of these third party services.
We are not involved in any actual transaction between any user (including any so-called “expert”, “moderator”, “blog-editor” or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any user and third party relating to or arising out of any transaction between such parties. We urge users and third parties to cooperate with one another to resolve any such disputes. In the event that you have a dispute with one or more other users, you release Rita Health, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do 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."
Service availability, price and time-related information appearing on the Services are subject to change. Rita Health is not responsible for any such changes and advises you to confirm all specific terms appearing on the or through the Services before acting in reliance on such terms.
Third-party products and services represented on the Services are not necessarily endorsed or recommended by Rita Health and Rita Health disclaims all responsibility regarding the performance or the use of third-party products and services. Rita Health does not necessarily endorse or sanction the content, products or actions of websites that are linked to or from the Services.
THE SERVICES AND CONTENT ARE PROVIDED BY RITA HEALTH (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RITA HEALTH (AND ITS LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. RITA HEALTH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RITA HEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT 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.
You agree to indemnify and hold Rita Health (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or relating to your use of and access to the Services (including, without limitation, any decisions, actions, or omissions you make based on any Content).
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.
These Terms will be governed by the laws of the State of California, United States, without regard to conflict-of-law principles. Subject to the arbitration provision below, you agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the state and federal courts in San Francisco County, CA.
If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.
If we are unable to resolve your concerns informally within 30 days after our receipt of your notice, you may file a claim in small claims court so long as you proceed only on an individual basis or commence an arbitration proceeding, which means YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL AND LEAD OR PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS"), then in effect. For the avoidance of doubt, you agree that YOU MAY ONLY BRING CLAIMS AGAINST RITA HEALTH IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, you agree that no arbitrator shall consolidate any other person’s claims with your claims and may not otherwise preside over any form of a multi-party or class proceeding. You agree that the award of the arbitrator will be binding and may be entered as a judgment in any court of competent jurisdiction in the State of California. You agree that we may seek interim or preliminary relief from a court of competent jurisdiction in California, necessary to protect its rights or property pending the completion of arbitration.
You must file a demand for arbitration with the JAMS within ONE (1) YEAR after the date your claim arose, or within the shortest time period permitted by applicable law. Otherwise, your claim is waived.
Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
The owner of the Services is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any of its Content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
These Terms may be subject to change; the result of any change will be reflected on these pages.