This service, located at http://get-carrot.com (“Get-Carrot.com”), and any application including any platforms, APIs, interfaces, related web sites, networks, embeddable widgets, downloadable software, and other services provided by us and in which a link to these Terms of Service is displayed (the “Service”) are owned and operated by Carrot Fertility, Inc., a Delaware corporation (“Carrot,” “we,” “us,” or “our”).
This page explains the terms by which you may use the Service. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service (these “Terms’) and to the collection and use of your information as set forth in the Get-Carrot.com Privacy Statement (together, this “Agreement”), whether or not you are a registered user of our Service. We reserve the right to make unilateral modifications to these Terms and will provide notice of these changes as described below. If you are not eligible, or do not agree to this Agreement, then you do not have our permission to use the Services.
The Service is not intended or designed to attract children under the age of thirteen (13). We do not knowingly allow children under the age of thirteen (13) to create Service accounts and submit personally identifiable information. By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least thirteen (13) years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that organization. Carrot may, in its sole discretion, refuse to offer the Services to any person or entity, and may change its eligibility criteria at any time.
Carrot understands the importance of maintaining the privacy of your Personal Information. Carrot is not subject to the regulations that govern Covered Entities under the Health Insurance Portability and Accountability Act (“HIPAA”), so the information you submit to us is governed by our Privacy Statement and Carrot’s privacy policies, which follow the guidelines of HIPAA. Please review Carrot’s Privacy Statement carefully. This describes how your Personal Information may be used and disclosed. To the extent there is a disagreement between these Terms and our Privacy Statement, these Terms shall control.
You agree not to engage in any of the following prohibited activities:
Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Carrot servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from Get-Carrot.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); Transmitting spam, chain letters, or other unsolicited email; Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; Uploading invalid data, viruses, worms, or other software agents through the Service; Collecting or harvesting any personally identifiable information, including account names, from the Service; Using the Service for any commercial solicitation purposes; Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; Using the Service in order to obtain information about us, the Service, or our customers for the purpose of competing with us or otherwise replicating some or all of the Service for any reason; Interfering with the proper working of the Service; Accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may, without prior notice, and solely in compliance with any applicable laws, change the Service; stop providing the Service or features of it, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any lawful reason, including if in our sole determination you violate any provision of this Agreement, or for no reason if lawfully permitted. Upon any such termination, you continue to be bound by this Agreement.
As a condition of your use of the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. If you violate any of the Terms, your permission to use the Service automatically ends.
Your Carrot account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. The Service allows you to record and store information. You are solely responsible for the activity that occurs on your account, and are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account.
It is your sole responsibility to (1) control the disclosure and use of your account and password; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly change your password if you feel it has become compromised; and (4) promptly inform us using the link [______] of any need to deactivate your account entirely. You grant us and all other persons involved in the operation of the Service the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Service. You represent and warrant to us that all information submitted to us through your account is current, accurate and complete and Carrot does not assume any responsibility or liability for information you submit, your or third-parties’ use or misuse of information transmitted or received using the Service. To change your password, click the [_____ portal], sign in and change your password in the account information section.
By accepting these Terms, you agree to receive essential communications from us by email. These communications may include (but are not limited to): notifications of purchase of service, submission of a claim for reimbursement and status of submitted claim.
All content such as text, graphics, images and information available on the Service (collectively the “Content”) is for informational purposes only. Reliance on the Content is solely at your own risk. Except as otherwise expressly stated, all Service Content is the copyrighted work of Carrot or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Service Content is also the exclusive property of Carrot and is protected by U.S. and international copyright laws. Carrot owns the Content. Any use of the Content not expressly permitted by these Terms may violate copyright, trademark and other law. Content and other features of the Service are subject to change without notice.
We may provide links to third-party websites. In each such instance, where practicable, we will let you know when you are leaving the Service and linking to a third-party website. We are not responsible for the content, security or the privacy practices of third-party websites and do not make any representations regarding their content or accuracy. Your use of any third-party website is at your own risk. Links to third-party websites do not constitute or imply endorsement by us of those sites, the information they contain or any products or services they describe.
If we provide you any professional information in the course of providing the Service, you understand and agree that it is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any such information without first seeking independent professional advice from a person who is licensed and/or qualified in the applicable area. For clarity, you will be solely responsible for: (i) compliance with any and all applicable laws, rules, and regulations affecting you; and (ii) any use you may make of the Service to assist in complying with any such laws, rules, or regulations. The Service does not include any legal, medical, regulatory, accounting, or tax advice, and you will rely solely upon your own advisors with respect to such advice.
The Service and all site-related services are provided “as is,” with all faults and with no representations or warranties of any kind. All express implied or statutory warranties, including without limitation warranties of merchantability, fitness for a particular purpose or non-infringement of proprietary rights, are expressly disclaimed. You assume total responsibility and risk for your use of the Service, Get-Carrot.com, all site-related services, and third-party websites. No oral or written information or advice given by the Service or its authorized representatives shall create a warranty of any kind. Any references to specific products or services on the Service do not constitute or imply a recommendation or endorsement by the Service unless specifically stated otherwise.
In no event shall we and our affiliates, suppliers, and other third parties mentioned or linked to on the Service be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damage arising out of or relating in any way to the Service, Get-Carrot.com, site related services and products, content or information contained within Get-Carrot.com, and/or any third party website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Service, site related services, and/ or third-party websites is to stop using the Service and/or those services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to the Service and Service Content, or relating to any activity, information, or service, provided by us or any of our agents or employees or employees’ agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Service or Service Content or use therein.
You agree to defend, indemnify and hold harmless Carrot and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, right provided by any labor or employment law, rule, or regulation, or intellectual property right; (iv) your violation of any applicable law, rule or regulation; (v) any information, materials, or content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence or willful misconduct; or (vii) any other party’s access and use of the Service (or access and use of any third-party service via the Service) with your unique username, password or other appropriate security code.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
You agree that any dispute, controversy or claim arising out of or related to this Agreement will be resolved and settled through arbitration administered by the American Arbitration Association and conducted in Santa Clara, California, United States of America. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
The performance of Company hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like.
We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Carrot is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the version number and date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
This Agreement, together with any amendments and any additional agreements you may enter into with Carrot in connection with the Service, shall constitute the entire agreement between you and us concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Carrot Fertility, Inc. ("Carrot" or "we") is committed to respecting the privacy and recognizing the need for appropriate protection and management of our users' personal information. We understand how important the privacy of personal information is to our visitors and users. When we do need your personal information to provide services that you request or when you choose to provide us with your personal information, this Privacy Statement describes what information we collect about you and how we use or disclose that information. While Carrot is not a Covered Entity under the Health Insurance Portability and Accountability Act ("HIPAA"), Carrot does follow the guidelines set forth in HIPAA. Please take the time to read our entire Privacy Statement carefully for more information about our privacy practices.
This Privacy Statement applies to http://get-carrot.com ("Get-Carrot.com") and any applications made available by Carrot and through the service we provide (collectively, our "Service"). By providing personal information to us through the Service you are bound by the terms of this Privacy Statement, you are consenting to the collection, use, and disclosure of your personal information in accordance with this Privacy Statement. If you do not agree with the practices described in this Privacy Statement, please do not provide personal information through Get-Carrot.com or applications made available by Carrot.
If you choose to register and create an account with Get-Carrot.com, you will be required to submit personal information to us. This personal information may include, but not necessarily be limited to, the following:
We use your personal information that you provide to fulfill the purpose for which you provided the information and to enhance your experience with us. These uses include:
We and our third party partners may automatically collect certain types of usage information when you visit our website or use our Service. For instance, when you visit our websites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information about your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol ("IP") address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service. Although we do our best to honor the privacy preferences of our Users, we are not able to respond to Do Not Track signals from your browser at this time.
We may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; and (f) otherwise plan for and enhance our service.
We may permit third party ad networks, social media companies, and other third party services to collect information about browsing behavior from visitors to our Service through cookies, social plug-ins, or other tracking technology. We may permit third party online advertising networks to collect information about your use of our websites over time so that they may play or display ads that may be relevant to your interests on our Service as well as on other websites or services. Typically, the information is collected through cookies or similar tracking technologies. The only way to completely "opt out" of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser's or mobile device's technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies and how you may opt-out of some of this tracking, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative's online resources, at http://www.networkadvertising.org). Depending on your mobile device, you may not be able to control tracking technologies through settings.
We use third-party vendors to help us manage some of our email communications with you. While we do supply these vendors with email addresses of those we wish them to contact, your email address is never used for any purpose other than to communicate with you on our behalf. When you click on a link in an email, you may temporarily be redirected through one of the vendor's servers (although this process will be invisible to you) which will register that you have clicked on that link, and have visited Get-Carrot.com.
We will periodically ask users to complete surveys asking about their experiences with features of the website. Our surveys ask visitors for demographic information such as occupation, insurance status, and education, and whether they are satisfied with our services. We use survey information for research and quality improvement purposes, including helping us to improve information and services offered through Get-Carrot.com. In addition, users giving feedback may be individually contacted for follow-up due to concerns raised during the course of such evaluation. Demographic information and Web log data may be stored for future research and evaluation.
Comments or questions sent to us using email or secure messaging forms will be shared with our staff that is most able to address your concerns. We will archive your messages once we have made our best effort to provide you with a complete and satisfactory response.
When you provide us with your credit card number for payments, we will treat your credit card number in a secure manner. We use a third-party vendor to process your credit card payments and do not collect or store your credit card information on our systems.
If you are a registered Carrot user, requests to view and correct personal information from Get-Carrot.com may be submitted using the contact information in the "Questions, complaints, and contacts" section below.
Carrot does not knowingly collect or solicit any information from anyone under the age of 13. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at [email@example.com.]
Your personal information is never shared outside Carrot without your permission, except under conditions explained below. We may share or disclose personal information in the instances described below:
Third party service providers who are involved in providing services to you, as needed to perform the Service; * Third party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include billing, payments, claims processing, service fulfillment, web hosting or providing analytic services. We provide only as much information as is needed to perform the Services on our behalf; * Other companies owned by or under common ownership as Carrot. These companies will use your personal information in the same way as we can under this policy; * Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceeding; and * Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Carrot, our users, or others. *
We may combine any public and non-personal information you provide with information from other users to create aggregate data to display on the Website. This sort of statistical information is called aggregate data because it reflects the characteristics of a large group of anonymous people. Aggregate data does not contain any information that could be used to identify you or contact you. For example, we might inform third parties regarding the number of users of the Website and the activities they conduct while on our site. We may use aggregate data or share it with our business partners so that the information and services we provide best meet the needs of our users. Aggregate data also helps advertisers and sponsors know how effectively they are reaching and meeting the needs of their target audience.
If a user makes a request to receive information in an ongoing manner through Get-Carrot.com by providing their email address, a user may make a request to discontinue future mailings. Similarly, if you receive information about a Carrot service through email, you may make a request to discontinue receiving similar messages in the future. All such materials sent to you by email will contain information about how to opt out. Please note that you may not opt out of Service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).
When using certain functions via Carrot's applications, or when accessing our Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers ("IDFA"), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device.
Storage and Processing: Your information collected through the Service may be stored and processed in the United States or any other country in which Carrot or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the United States or any other country in which Carrot or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Statement. Carrot is governed by the laws of the United States. By using Get-Carrot.com and submitting any personal information, visitors from outside the United States acknowledge that the Website is subject to United States law, consent to the transfer of personal information to the United States, and waive any claims that may arise under their own jurisdiction.
Keeping your information safe: Your Carrot account information is password-protected for your privacy and security. Carrot cares about the security of your information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through the Service. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, Carrot will investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Get-Carrot.com contains links to websites operated by third parties. If you provide personal information to any third party's website, your transaction will occur on that website (not Get-Carrot.com) and that website operator will collect the personal information you provide, and this information will be subject to the third-party's privacy policies. We encourage you to read the legal notice posted on those sites, including their privacy policies.
This Privacy Statement does not apply to your use of and activity on those other websites. We provide links through Get-Carrot.com to other websites only as a convenience, and the inclusion of these links does not imply endorsement of the linked site. We are simply a portal and do not have access to their data. We have no responsibility or liability for your use of third party websites.
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including the collection, usage and disclosure policies regarding any personal information you disclose to other organizations through or in connection with our mobile applications or other websites.
California Civil code Section 1798.83, entitles California customers to request information relating to whether a business has disclosed personal information to any third parties for the third parties' direct marketing purposes. As explained elsewhere in this Privacy Statement, Carrot will not sell or transfer your personal information to third party companies for their direct marketing purposes without your consent. California customers who wish to request further information about our compliance with this statute or who have questions can contact us at [firstname.lastname@example.org ] or write to us at 240 Dolores Street, #123 San Francisco, CA 94103.
We may revise this Privacy Statement from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last updated' date at the bottom of this page.
If you have any questions about this Privacy Statement, our policies and practices concerning Get-Carrot.com, your rights under this statement, or your dealings with Get-Carrot.com, you can contact us by sending a message to [ email@example.com], or by U.S. mail at 240 Dolores Street, #123 San Francisco, CA 94103.
This Privacy Statement was last updated September 1, 2016.