Terms of use

Women’s Care LLC, together with its subsidiaries and affiliates (collectively, “WCF,” “we,” or “us”), is appreciative that you have chosen to visit our website located at www.WomensCareOBGYN.com (our “Website”) and/or do business with us. Our Mission is to improve the health of women every day. Our Website and any material made available for download are the property of WCF, or its licensors or suppliers, as applicable. By accessing our Website and using it in any way, including, for example, browsing, using the information from our Website, or providing information to us through our Website, including your Personal Information, you agree to be bound and are bound by the below terms and conditions of use (“Terms of Use”), including our Privacy Policy, which is hereby incorporated by reference and becomes an integral part of these Terms of Use. If you do not agree to be bound by the Terms of Use and/or our Privacy Policy, promptly exit our Website.

Binding Arbitration

These Terms of Use provide that all disputes between you and WCF that in any way relate to these Terms of Use or your use of our Website will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for details regarding your agreement to arbitrate any disputes with WCF.

Our website does not provide medical advice

Both your medical condition and treatment plan are unique to you. The information provided on our Website is designed to support, not replace, the relationship that exists between you and your physician. All information contained on our Website is provided for general informational purposes only and does not constitute medical advice, diagnosis, treatment, or recommendations of any kind. Never disregard professional medical advice or delay seeking it because of something you have read on our Website.

Access to website, security, and restrictions; passwords

You are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using our Website or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on our Website, deep-link to any feature or content on our Website, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to our Website.

Violations of system or network security may result in civil or criminal liability. WCF will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on our Website.

In the event access to our Website or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by our Website. You agree to protect the confidentiality of your user ID and password and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to our Website may be revoked by WCF at any time with or without cause. You agree to defend, indemnify, and hold WCF harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by WCF arising out of your breach of these Terms of Use or violation of applicable law, your use or access of our Website, or access by anyone accessing our Website using your user ID and password.

Links to other sites

WCF makes no representations whatsoever about any other website that you may access through our Website. When you access a non-WCF website, please understand that it is independent from WCF and that WCF has no control over the content on that website. In addition, a link to a non-WCF website does not mean that WCF endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

Intellectual Property Rights

Our Website and all content, functionality, and features are protected under United States copyright law, trademark law, patent law, and other intellectual property laws. All trademark, names, logos, slogans, and the like are the proprietary marks of WCF, its affiliates, or third parties. No mark can be used without our permission. All copyright and other intellectual property rights in all text, images, sound, software, and other materials on our Website are owned by WCF, or are included with the permission of the relevant owner. You are permitted to browse our Website and reproduce extracts by way of printing, downloading to a hard disk, and by distribution to other people, but in all cases for non-commercial, informational, and personal purposes only. No other right or license is granted, and no part of our Website may be sold, reproduced, further distributed, modified, or incorporated in any other work, publication, or website, whether in hard copy or electronic format, including framing or similar means, without the prior written consent of WCF. You may not remove or alter any copyright or other legal notice from copies of materials from our Website.

Disclaimer of Warranties and Limitation of Liability

You understand that we do not guarantee that material available for downloading from the Internet or our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OFSERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USEOF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WCF NOR ANY PERSON ASSOCIATED WITH WCF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING,NEITHER WCF NOR ANYONE ASSOCIATED WITH WCF REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THIS DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL WCF, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify, defend, and hold WCF and our third party business partners and licensors and each of our and their respective affiliates, licensees, successors and assigns and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of or in any way related to your violation of these Terms of Use or your access or use of our Website(s), any content or submission (including any use or access by your employees or agents), your violation of these Terms of Use or your violation of any rights of another.

Dispute Resolution; Arbitration Agreement

We will try to work in good faith to resolve any issue you have with our Website if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and WCF agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of our Website shall be determined by binding arbitration instead of courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and the amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in doing so, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and WCF are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and WCF.

If you desire to assert a claim against WCF, and you therefore elect to seek arbitration, you must first send to WCF, by certified mail, a written notice of your claim (“Notice”). The Notice to WCF should be addressed to: Registered Agent Solutions, Inc., 155 Office Plaza Drive, Suite A, Tallahassee, FL 32301 (“Notice Address”). If WCF desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or WCF, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If WCF and you do not reach an agreement to settle the claim
within thirty (30) days after the Notice is received, you or WCF may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by WCF or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after WCF receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than U.S. $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless WCF and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules, including the AAA rules regarding the selection of an arbitrator). If your claim is for U.S. $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of WCF’s last written settlement offer made before an arbitrator was selected (or if WCF did not make a settlement offer before an arbitrator was selected), then WCF will pay you the amount of the award or U.S. $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND WCF 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 PROCEEDING. Further, unless both you and WCF agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Hillsborough County, Florida.

Miscellaneous; Revisions; General

These Terms of Use will be governed and interpreted pursuant to the domestic laws of the the State of Florida, the State of Arizona, and United States of America, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on our Website will govern the items to which they pertain. WCF may revise these Terms of Use at any time by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of our Website after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within our Website.

Remarketing and Analytics

When you use our websites or applications, we may collect certain information by automated means using third-party web analytics services such as HubSpot, Google Analytics, and Google Ads Remarketing. These technologies use cookies to collect information that may be used to serve you advertisements across the internet and to provide data that help us improve our websites, applications, and overall patient experience.

You can learn more about Google’s use of cookies and opt out by visiting Google’s Ad Settings , or download the Google Analytics Opt-out Browser Add-on . You can also learn more about your options for opting out of internet-based advertising by visiting the Network Advertising Initiative or the Digital Advertising Alliance WebChoices .