PRIVACY POLICY AND TERMS OF SERVICE

PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THE
FOLLOWING PRIVACY POLICY AND TERMS OF SERVICE.

 

Notice

This website (“Site”) is operated by Expecting and Empowered, LLC (“Company”), a Wisconsin limited liability company. 

This privacy policy (“Privacy Policy”) applies to information that you provide to Company via this Site and by use of other services (collectively, “Services”) that may be provided by other means or media, including as set forth in these Terms of Service (“TOS”).

This Privacy Policy is intended to provide you with notice of Company’s information management practices, including the types of information gathered, how it is used and safeguarded, and the degree to which you may control the maintenance and sharing of your information. Your use of any Company Site or Services constitutes acceptance of this Privacy Policy and any other applicable terms, including the TOS, which TOS incorporates this Privacy Policy by reference.

Personally Identifiable Information Company Collects

Company respects your privacy and is committed to protecting personally identifiable information that you provide in connection with your use of the Site and the Services.

In some situations, Company may directly or indirectly collect personally identifiable information and other information about you. For example, if you access any Company content or purchase such content via your wireless carrier or through another third party, Company may collect information directly from you or through the third party. Likewise, if you use our software or provide information to other companies who share information about their customers, Company may collect additional information about you. In each of these cases, Company will apply this Privacy Policy to any personally identifiable information.

To ensure that credit card information is secure and electronic payments are processed safely and efficiently, Company uses Stripe and Paypal, which are secured sites to protect your online payment.

To purchase products online, Company requires you to provide your full name, address, telephone number, and email address. Company will not sell or transfer such information to any third parties except to the extent necessary to authorize third parties to process the transaction you are authorizing and to use the necessary information needed to perform their functions. Company may collect information about you to deliver the Services that you request, to keep you informed about changes affecting the Site and the Services or your account, to inform you of offers in which you might be interested, to improve and enhance the Site and the Services, to prevent potentially prohibited or illegal activities, and to enforce our TOS. If you provide Company with personally identifiable information, Company will take all reasonable and appropriate steps to protect it from unauthorized disclosure.

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site or the Services, of any information about you contained in the applicable Company database, if Company or one of its companies assigns its rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of Company’s assets related to the Site or Services to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site or Services signifies your agreement to be bound by the TOS and Privacy Policy of the subsequent owner or operator.

Company will not share, sell, rent, or disclose any personally identifiable information collected except as stated herein, or in the following instances: 1) Company has been given your consent to disclose; 2) Company has previously informed you of the disclosure, including by means of our Privacy Policy or on the Site, or through the Service where you provided your information; 3) Company is required by law, legal process, or court order to disclose; 4) disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, Company’s rights or property, other Company website users, or anyone else; or 5) to respond to an inquiry, request or complaint that you have made. Company may also use IP addresses in cooperation with Internet service providers to identify users if Company deems it necessary to comply with law, to enforce compliance with this Privacy Policy or the TOS, or to protect our sites, customers, or others.

Company reserves the right to retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce the TOS, and take other actions otherwise permitted by law.

Non-Personally Identifiable Information That Company Collects

In many cases, Company will automatically collect certain non-personally identifiable information about your use of the Site and the Services. Company might collect, among other things, information concerning the date, time and length of your visit and the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your “click path” through the Company Site or “click-through” from an e-mail, the website or advertisement that was linked to or from the Company Site when you visited, and your IP address. To do this, Company may use cookies and other technology (see below). If you are using our wireless Services, Company may also automatically collect information such as the type of wireless device you are using, your mobile identification number (assigned by your telecommunications carrier) and telecommunications carrier. Your use of the Site and the Services, and information provided through these technologies, will be anonymous unless you provide us with personally identifiable information or have provided such information in the past.

From time to time, Company may use and share with third parties aggregate, non-personally identifiable user information to show general demographic and preference information among users of the Site and the Services

Cookies and Related Technology

The Site, some Services, and advertisements contained therein may contain “cookies,” clear gifs (also known as web beacons or web bugs), or similar technology. A cookie is a piece of data that is sent to your Internet browser, which will store the cookie on your computer if your browser is enabled to accept cookies, that helps a server identify and provide information about a browser when it’s used to visit a website. Company may also use cookies to better understand how our visitors use the Site and the Services and to continue to improve our services. Web beacons assist in the delivery of cookies and the collection of non-personally identifiable information, such as “click path” and other data as described above.

Company uses cookies, clear gifs, frames, server log analysis, and other technologies as they are developed to customize your experience with the Site and Services.

Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or “Help” screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Site and the Services may not function properly.

Company does not control cookies in third party ads, and visitors are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. The ads appearing on the Site and the Services may be delivered to you by third party advertising companies. Company’s Privacy Policy does not cover the use of information collected from you by third party ad servers. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this and other websites in order to provide advertisements on this Site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please review the privacy policies and terms of service for these companies. 

Disclaimer, Waiver, and Release

 

By consuming content provided by Company’s Site and Services, whether you obtained the content from Company or a third party, you understand and agree to the following:

 

In consideration of participating in and consuming the content provided by Company, you, for yourself and on behalf of your heirs, unborn heirs, assigns, personal representatives and next of kin, hereby assume all risk and liability and agree to release, indemnify, and hold harmless Company and all of its respective members, employees, heirs, successors, agents, contractors, and assigns with respect to any and all injury, disability, death, or loss or damage to person or property, to the fullest extent permitted by law.

 

Company is not liable for your use of the information and content provided in the Company’s fitness guides, Company’s Site and related social media, Company’s Services, or any other product or material provided by Company. Company shall not be liable for the interpretation or use of the information provided. The use of any information provided by Company is solely at your own risk. 

 

Using Company’s fitness guides or other fitness advice means that you are voluntarily engaging in strenuous physical activity, including, but not limited to, muscular resistance and strength, endurance training, pelvic floor training, cardiovascular conditioning, and stretching. All exercise programs carry a potential risk. Such risks include, but are not limited to, heart attack, stroke, abnormal breathing, abnormal blood pressure, fainting, irregular heartbeat, muscle strain, muscle pull, muscle tear, joint sprain/strain in neck, back, shoulders, elbows, wrists, hips, knees, ankles, and feet, muscle soreness, or death. Women who are pregnant and engaging in physical activity have additional risks, including, but not limited to, premature labor, premature rupture of membranes, placenta previa, placental abruption, bleeding or spotting, preeclampsia/eclampsia, uterine rupture, and miscarriage. You should consult your physician or other health care professional before using Company’s fitness guides, fitness advice, or other products to determine if it is right for you. 

 

Although some of the content offered by Company was developed by a licensed physical therapist, all content provided by Company is for informational purposes only, is intended to be general, and cannot be substituted for medical advice.

 

Developments in medical research may impact the health, fitness, and nutritional advice offered by Company. No assurance can be given that the advice contained in Company’s fitness guides or other products or materials will always include the most recent findings or developments with respect to the particular material.

 

Company does not make any guarantee of weight loss or improved fitness and does not make any express or implied warranties of any type.  Additionally, Company does not make any guarantee of direct effect on delivery method or labor and delivery outcomes.

 

Refund Policy

Company does not offer any refunds.

Special Notice Regarding Children Under 13

Company recognizes the sensitivity of personally identifiable information concerning children under the age of 13, and therefore, Company provides this special notice. Company’s Site and Services are not intended for and may not be used by children under the age of 13. By using the Site and Services, you represent that you are at least 13 years old. Company is committed to complying with all applicable laws and regulations regarding children, including the Children’s Online Privacy Protection Act (“COPPA”). Except in limited circumstances allowed by COPPA, Company will not knowingly collect, maintain, or disclose any personally identifiable information from a child under the age of 13 without first obtaining consent from that child’s parent or legal guardian. Company will not share such child’s personally identifiable information with any third party (except for purposes of fulfillment by a third party that has agreed to protect the information in accordance with this Privacy Policy), unless consent is obtained or as permitted by COPPA or other applicable law.

No Spam, Spyware, or Spoofing

Company does not tolerate spam. You may not use our communication tools to send spam or otherwise send content that would violate the TOS.

User Disclosure of Information on the Site and Services

The Site and the Services may enable you to share or otherwise disclose personal information. This Privacy Policy addresses only the use and disclosure of information Company collects from you, except as otherwise expressly indicated. Different rules may apply to the use or disclosure of your personal information, if you disclose such information to others on the Site or the Service or on other sites throughout the Internet. Company does not have the ability, nor will it attempt to control the privacy policies of third parties. You are subject to the privacy policies of those third parties, where applicable.

Our Commitment to Data Security

While Company takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our Site, Services, and customer databases, no website, Internet transmission, computer system, or wireless connection is completely secure. Consequently, Company cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Site and Services is at your own risk. Whenever you give Company sensitive or confidential information (for example, credit card numbers for purchases), Company will take commercially reasonable steps to protect the information by establishing a secure connection with your Web browser. Unless otherwise specified herein or on the Site where you make a purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes.

Hyperlinks To and From Other Sites

Company sites may frame, contain links to, or advertisements about non-Company websites. Other sites may also reference, advertise, or link to Company sites. Company does not endorse or sponsor other websites, is not responsible for the privacy practices or the content of non-Company sites, expressly disclaims any statements or assertions made on such websites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.

Consent to Processing in the United States

By providing any personally identifiable information to Company, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection, storage, and processing of such information in the United States of America.

Contact Us Regarding Privacy

Company is dedicated to protecting your personally identifiable information and welcomes comments and questions on this Privacy Policy. You may e-mail your questions or comments to expectingandempowered@gmail.com.

Changes to Policy

Company reserves the right to change this Privacy Policy and its TOS at any time. All changes to the Privacy Policy and TOS will be effective when posted, and your continued use of any Company Site or Service after the posting will constitute acceptance of, and agreement to be bound by, those changes.

 

Effective Date: August 1, 2017