Terms and Conditions
Please consider the following information prior to interacting with our website. We are committed to informing you of your rights and the rights held by HerChoice in relation to your use of this website. We are committed to making your experience safe, secure, and enjoyable.
By using and accessing this website, you expressly agree to be bound by these Terms and Conditions as set forth below. If you do not agree with these Terms and Conditions, you should not use this website.
HerChoice is not responsible for any damages or injuries caused by the use of or access to this website. HerChoice does not guarantee any merchandise, information, service, or other material provided on or through this website.
All contents copyright © HerChoice. All materials on this website are solely owned and copyrighted by HerChoice and are protected by U.S. and international copyrights unless otherwise indicated.
COLLECTION OF INFORMATION
HerChoice will never collect personal information without your knowledge during your visit to our website. Any information that is requested will typically be in direct correlation to the services you are requesting. From time to time, HerChoice may ask for your personal input and suggestions related to your online experience. This information will remain confidential and will allow us to improve and enhance your online user experience. Your provision of personal comments or suggestions will serve as consent to our use of this information to improve user experience.
All transactions accomplished through this website are secured using SSL encryption to protect sensitive data transmissions from your computer to our website. HerChoice also uses password protection to secure personal information.
HerChoice maintains the right to adjust or change these Terms and Conditions at any time without notice to users and asks that you check this policy for updates.
All information and materials contained within the HerChoice website are the copyrighted property of HerChoice unless otherwise indicated. All trademarks, service marks, and trade names are the property of HerChoice. Unless otherwise noted on the material or documents, no material or documents from our website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, with the exception of five (5) copies downloaded to your computer for personal use or for centers that wish to use affiliated resources for operational or educational purposes. In order to use HerChoice documents, you must maintain original content and copyright marks. Before using HerChoice documents and resources, please obtain written permission from HerChoice, unless you are using the documents or material for internal operational or educational purposes. You are prohibited from adding, deleting, distorting, or misrepresenting any content provided by HerChoice. Any attempts to modify any material featured on our website or to defeat or circumvent our security features are also prohibited. Any manuals, materials, documents, or portions thereof that are purchased from HerChoice’s online bookstore may not be copied, reproduced, or resold without the express authorization of HerChoice. By using and accessing this website, you agree to abide by the restrictions set forth in this “copyright” section of these Terms and Conditions.
RESTRICTIONS ON USE
HerChoice strictly prohibits and disclaims any and all liability for the use of this website for the communication of illegal, false, pornographic, obscene, threatening, or otherwise offensive remarks, content, or material. We strictly prohibit and are not liable for breaches of confidentiality that may take place within this website.
All material, resources, content, and information published, posted, or distributed by HerChoice are designed and intended for general informational purposes only and should not be relied upon as a substitute for the direct counsel of an attorney, professional counselor, or medical professional. You expressly assume the risk of your reliance upon any content or information contained in or accessed through this website.
All remarks, suggestions, ideas, graphics, comments, or other information that you send to HerChoice through our website other than information directly requested by HerChoice or provided through our bookstore, financial transactions, and online account creation, will become the property of HerChoice. This releases HerChoice from any obligation to treat such submissions as confidential. You cannot take legal action against us or request payment from us for using materials you submit in this manner. We maintain the right to use such materials for any and all purposes that we believe to be appropriate to the mission and vision of HerChoice.
When submitting such materials, you acknowledge that you are responsible for such submissions and that you have full responsibility for the content of the message, including its legality, reliability, appropriateness, originality, and copyright.
INFORMATION ABOUT HEALTH
The HerChoice website features a variety of content on issues related to pregnancy, abortion, human sexuality, sexual health, contraception, abstinence, and other related issues. Such information featured on this website is not intended to substitute for professional medical advice. You are always advised to seek advice from your personal medical physician on issues related to your health. The issues and content discussed on this website are for general audiences only. Your physician is typically best able to evaluate whether or not a specific health suggestion or potential course of treatment is best for you.
LIMITATION OF LIABILITY
HerChoice and its affiliates are not liable for any injury or damages of any kind, whether incidental, consequential, direct, indirect, special, punitive, exemplary, or contractual, that may result from your use of or reliance on any operation, material, content, or other aspect of our website.
These may include but are not limited to: (a) use of this website or your inability to use this website; (b) use of websites linked from this website or your inability to use any website linked from this website; (c) the purchasing, reliance on, or use of any products, goods, or services purchased from any entity contacted in any way through this website; (d) errors, delays, omissions, or defects on this website; (e) viruses; (f) loss of use, data, or profits; (g) business interruption and/or (h) consequential or incidental damages.
WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY, WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGLENCE OR OTHER WRONGFUL CONDUCT, OR THEY ARE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES.
YOU AGREE AND ACKNOWLEDGE BAKERFIELD PREGNANCY CENTER’S LIMITATIONS ON LIABILITY SET FORTH ABOVE.
DISCLAIMER OF WARRANTY
HerChoice makes no representations or warranties about the completeness or accuracy of this website’s content, information, or other material contained within the website. HerChoice and its affiliates disclaim all express or implied warranties with regard to information, content, materials, services, products, resources, publications, and other information contained in or accessible through this website, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. By accessing and using this website, you agree to hold HerChoice and its affiliates harmless and not responsible for the content distributed by or through this website.
ONLINE FORUM POSTINGS
HerChoice maintains the right to monitor and censor the content of postings within any online affiliate forum within this website, provided by HerChoice via email, or hosted on this website. However, we are not under any legal obligation to guarantee the censorship of materials that some parties may deem inappropriate or offensive. We expect forum users to adhere to the standards of content set forth on the forums, to respect the Christian nature of HerChoice’s foundational beliefs and values, and to maintain decency within all communications and decorum that we deem appropriate. However, as the nature of some topics is controversial, we seek to maintain freedom for users to express their personal opinions and views. We retain the right to serve as the final authority on any issue related to the appropriateness of posted comments; however, we are not liable or responsible for the content of online or forum postings. We strictly prohibit the communication of illegal, false, pornographic, obscene, threatening, or otherwise offensive remarks through our online forums. We strictly prohibit and are not liable for breaches of confidentiality that may take place within our forums. All such postings may be immediately removed and the account responsible for the transmission of such content may be deleted. HerChoice will fully accommodate requests from authorities related to the content of illegal postings. HerChoice maintains the right to monitor, delete, and edit any information posted within these forums that is deemed questionable and to delete user accounts that are responsible for the creation of content that does not fit within these guidelines. We do not allow children under 13 to use or participate in our online forums and should an account be created by a child under 13, this account will be removed and all content will be deleted.
You agree to indemnify, defend, and hold harmless HerChoice and its suppliers and affiliates from any liability, loss, claim, expense, and damage award (including attorneys’ fees) that arise from any claim, action, or demand related to your violation of this agreement or use of this site in any manner. By accessing and using this website, you accept these Terms and Conditions, as revised and modified, if any, each and every time you access this website.
UPDATES AND CHANGES TO TERMS AND CONDITIONS
HerChoice reserves the right to modify or amend its Terms and Conditions at any time and from time to time. Any changes to these Terms and Conditions will be posted on this site and become effective immediately upon posting.
JURISDICTION/GOVERNING LAW – Our Terms and Conditions are governed by the laws set forth by the state of Ohio. The material presented within this website, unless otherwise noted, was created in the state of Ohio for sole use by and for HerChoice. If you utilize this website or the resources therein outside of the United States, you are legally obligated to abide by the laws of that location.
If any provision of these Terms and Conditions is found void, unenforceable, or unlawful, it does not serve to invalidate all other provisions herein. HerChoice maintains the right to alter these terms at any time by updating this content without formal notice to users. This is the full agreement for the use of this website.