TERMS AND CONDITIONS

TERMS AND CONDITIONS

OVERVIEW Please read these Terms and Conditions (“Terms”, “Terms of Service”) carefully before purchasing from FERTILITY MOM, INC., a New York corporation (“Company”). By purchasing from the Company (the “Effective Date”), you (“Participant”) agree to these Terms by checking the box or otherwise indicating acceptance. If you do not agree, do not purchase or access the Services.

These Terms govern all purchases, including low-ticket or “tiny offer” digital products (e.g., guides, templates, mini-courses). Any new features added to the Services are also subject to these Terms. The Company may update these Terms by posting changes on its website; continued use constitutes acceptance. It is your responsibility to review updates.

This website may use third-party platforms, including ThriveCart and other processors, for sales and delivery. Your use is also governed by our Privacy Policy, which is incorporated herein.

SECTION 1: SERVICES (A) Company Services The Company provides educational and informational digital products and services as described on the checkout/sales page (“Services”). Services are one-time purchases, not memberships/subscriptions unless stated. The Company may refuse service to anyone.

All Services are delivered virtually/digital. Access is via the Company’s member portal, email delivery, or third-party platform. Login details are provided upon purchase (Effective Date). Tiny offer/low-ticket products often provide immediate access to downloadable/pre-recorded content.

Services may include pre-recorded materials; live elements are not guaranteed unless specified.

Participant is responsible for reliable internet, compatible devices/software, and any necessary accounts to access Services. The Company is not liable for technical issues beyond its reasonable control.

(B) Group Calls (If Applicable) For programs including live group calls, calls are scheduled as posted in the member portal but subject to change. Calls typically last ~60 minutes and may include coaching, Q&A, etc. Attendance is encouraged but not required. The Company may mute participants as needed.

(C) Community Access (If Applicable) Private communities (e.g., Facebook group) provide educational support/peer discussion. The Company offers reasonable support during normal business hours (Monday–Friday, 10:00am–5:00pm ET, excluding holidays, December development periods, etc.). Responses within 3 business days. No direct messages on social media. No crisis/medical support.

Low-ticket/tiny offer products typically exclude community/group access unless explicitly stated.

(D) Bonuses/Add-Ons Bonuses are promotional and guaranteed only at purchase if eligible. They are non-transferable, expire with access, and may be removed/archived without refund/compensation.

(E) Participant Responsibilities You agree to cooperate, implement materials diligently, attend scheduled sessions on time, act professionally/respectfully, and avoid disruptive behavior. The Company may remove you from Services (without refund) for inappropriate conduct, in its sole discretion.

SECTION 2: FEES & PAYMENTS (A) Fees You agree to pay the full Fee shown at checkout. Payment plans require full responsibility for the total amount.

(B) Late Payments Overdue amounts accrue interest at 1.5% per month (or max allowed by law).

(C) Refunds and Cancellations The Company’s refund policy is conspicuously disclosed on the sales/checkout page (including by a clear hyperlink or prominent notice displayed or accessible prior to the request for any billing or payment information) and before completion of the purchase. This disclosure is provided in a clear and conspicuous manner so that you may review it fully before agreeing to buy.

Due to the immediate digital delivery, instant access upon purchase, and non-returnable nature of the Services (including all downloadable content, pre-recorded materials, bonuses, and access to any member portals or platforms), all purchases are NON-REFUNDABLE and non-transferable. No refunds, credits, or exchanges will be issued for any reason, including but not limited to: change of mind, dissatisfaction, partial use or non-use, technical issues on the Participant’s end, or failure to achieve desired results.

This no-refund policy applies because the Services consist of digital goods and immediate/permanent access to educational/informational content, which cannot be returned in the traditional sense. Except as expressly required by applicable law (e.g., in cases of the Company’s material non-performance, fraud, or other legal mandate), no exceptions will be made.

For any coupon, promotional code, or pricing errors identified by the Company, refunds (if issued) will be at the Company’s sole discretion and may be processed minus any transaction or processing fees incurred.

By completing your purchase, you acknowledge that you have reviewed this refund policy as conspicuously disclosed, understand its terms, and agree that no refund rights apply beyond what is required by law.

(D) Credit Card Authorization & Chargebacks You authorize charges to your provided card(s). Update payment info at least 14 days before due dates. Failed updates may incur fees.

Any chargeback attempt (successful or not) is a breach. You agree not to dispute charges and to withdraw any disputes immediately. The Company may pursue all remedies, including recovery of Fees, costs, expenses, and attorneys’ fees. The Company may seek injunctive relief or other remedies for chargebacks.

(E) Billing Disputes The Company may temporarily hold access during review of billing issues. Access reinstates upon resolution if in good standing.

SECTION 3: TERM AND TERMINATION (A) Term Begins on Effective Date and continues until terminated or access expires (as per product).

(B) Termination The Company may terminate for breach (with 7-day cure period) or any reason (with notice, no refund for earned Fees). You may terminate for Company’s material breach (with 14-day cure period), but no refund.

The Fee is earned upon purchase; termination does not relieve payment obligations.

SECTION 4: RESTRICTIVE COVENANTS (A) Confidential Information You agree not to disclose or use Company’s proprietary information (course materials, frameworks, client data, etc.) except as authorized or required by law.

(B) Non-Solicitation For 1 year after termination (“Restricted Period”), you will not solicit Company’s clients (known through participation) or employees/contractors without written consent.

These restrictions protect legitimate business interests and are reasonable.

SECTION 5: INTELLECTUAL PROPERTY All Services, content, materials, and bonuses are owned by the Company (copyright, trademarks, etc.). You receive a limited, non-exclusive, non-transferable license for personal, non-commercial use only during the access period. No sharing, reselling, reproducing, modifying, or creating derivatives. Unauthorized use may result in termination and legal action.

SECTION 6: DEFAULT AND REMEDIES (A) Remedies Breach may cause irreparable harm; the Company may seek injunctive relief without bond, plus other remedies.

(B) Attorney’s Fees Prevailing party recovers costs/attorneys’ fees in enforcement actions.

(C) Governing Law & Dispute Resolution Governed by New York law (no conflicts principles). Exclusive venue: New York courts.

Dispute Process (mandatory pre-suit):

  1. Written notice and good-faith discussion.
  2. If unresolved, mediation via AAA Commercial Mediation Procedures (costs split 50/50).
  3. If mediation fails, binding arbitration via AAA in New York (Commercial Rules). No class actions; disputes individual only. The Parties agree that any arbitration or other proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not award relief or remedies that would apply to more than one Participant.

SECTION 7: DISCLAIMERS; LIMITATION OF LIABILITY (A) Medical Disclaimer Services are educational/informational only. No medical advice, diagnosis, or treatment. No doctor-patient relationship. Consult licensed providers before health decisions. You assume all responsibility for outcomes.

(B) No Warranties/Guarantees Services “AS IS.” No implied warranties. No results guaranteed; success depends on your efforts/circumstances. Prior results not indicative.

(C) Limitation of Liability Company not liable for indirect/consequential damages. Total liability capped at Fees paid by you. No personal liability for officers/directors/etc.

SECTION 8: INDEMNITY You indemnify Company against claims from your breach or misuse of Services.

SECTION 9: MISCELLANEOUS

  • Amendments: Updates posted; continued use = acceptance.
  • Assignment: You may not assign without consent; Company may.
  • Electronic Execution: Box-check/electronic acceptance valid.
  • Non-Disparagement: Mutual; no injurious public/private statements.
  • Notice: To rose@fertilitymom.com (email sufficient with receipt).
  • Severability/Survival: Invalid provisions severed; key sections survive termination.
  • Force Majeure: No liability for uncontrollable events (including cyberattacks not due to negligence).
  • Publicity: You grant license for voluntary testimonials/contributions for marketing.

CONTACT: rose@fertilitymom.com

By purchasing, you acknowledge reading, understanding, and agreeing to these Terms.