Effective Date: March 22, 2023
Welcome to Carrot, offered by Carrot Fertility, Inc. (“Carrot”, “we”, or “us”). These Terms of Service (this “Agreement”) explain the terms by which you may use our online and/or mobile services, including the Carrot platform (the “Platform”), debit-like card (“Carrot Card®”), website, and software provided with the service (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by this Agreement and our Privacy Notice. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”). If you do not agree to the terms of this Agreement, you may not use the Service.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR SERVICE, INCLUDING SECTION 10 WHICH REQUIRES YOU AND CARROT TO ARBITRATE DISPUTES AND LIMITS THE AVAILABILITY OF A JURY TRIAL.
1. Our Service
Your (or your partner’s) employer (the “Employer” or “your Employer”) has partnered with us to make fertility care more accessible to you. Depending on your Employer’s agreement with us and your geographical location, through our Service you may be able to use your benefit toward eligible reproductive care (including care for fertility, menopause, and low testosterone), pregnancy, adoption, travel and/or gestational surrogacy expenses from third-party care providers, schedule a chat with an expert health or wellness professional, and browse a wealth of articles and videos.
1.1 Eligibility
This Agreement is a contract between you and us. Any use of or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement.
Your Employer is not a party to this Agreement. For you to create an account on the Service (each a “User Account”), your Employer must have entered into a written contract with us (an “Employer Agreement”). You understand that your ability to use the Service depends on (1) your Employer’s determination of who is eligible to receive the Service; (2) the Employer Agreement remaining effective, and (3) the Employer’s compliance with the Employer Agreement. If at any time your Employer changes your eligibility status, violates certain terms of the Employer Agreement, or the Employer Agreement expires or is terminated, your access to the Service may be suspended or terminated as a result.
1.2 Limited License
Provided that you comply with this Agreement, Carrot grants you a limited license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service and the Carrot Content (as defined below).
1.3 User Account
Each User must have their own User Account (or, where a User has given Carrot permission to do so, a separate login to their partner’s User Account) to access the Service. When creating your User Account, you must provide accurate and complete information, and you must keep this information up-to-date. Carrot relies on this information to provide the Service and does not independently verify the information you give us. If you give us incorrect information, your ability to receive the Service, including processing of reimbursements, may be impacted. Carrot has no liability for any incorrect information that you provide.
You are solely responsible for the activity that occurs on your User Account, whether or not authorized by you, and you must keep your User Account password secure. You must notify us immediately of any breach of security or unauthorized use of your User Account. You may control your User profile and how you interact with the Service by changing your settings in your User Account.
1.4 Reimbursements
As part of the Service, you may submit requests for reimbursements from your Employer for certain eligible expenses. The types of expenses that are eligible, any limits to reimbursement amounts, and similar reimbursement parameters may be subject to change. Except in instances where Carrot is not able to facilitate a reimbursement payment (as further described below), reimbursement requests submitted through the Service that are approved will be paid to you by or on behalf of your Employer in accordance with your Employer’s instructions. We reserve the right to withhold a reimbursement payment in the event we determine the expense is not eligible for reimbursement.
You hereby appoint Carrot as your limited agent for the purpose of receiving reimbursements from your Employer on your behalf and sending them to you. You also agree that receipt by Carrot of any such reimbursements constitutes receipt of the same by you and that you shall have no recourse against your Employer for such reimbursements in the event Carrot fails to send them to you.
Carrot is not able to facilitate a reimbursement payment unless: 1) your Employer has authorized Carrot under the Employment Agreement; and 2) your Employer provides Carrot with the funds necessary to issue the reimbursement payment. Carrot cannot guarantee the timing of reimbursements and is not responsible for reimbursements where your Employer stops making funds available. If your Employer does not provide sufficient funds as required by its Employer Agreement with Carrot, your sole recourse is to your Employer and not to Carrot.
By submitting a request for reimbursement, you agree that: (i) you or your partner will not use the Service to be reimbursed for any expense that has already been reimbursed by another source, (ii) you or your partner will not seek reimbursement from another source for any expense that has already been reimbursed through the Service, (iii) you or your partner will not use the Service to obtain services that are prohibited by law in your country of residence; (iv) if you reside in the United States and your employer is covering medical expenses as defined in Internal Revenue Code section 213(d) (“Medical Expenses”), you or your partner will not use the Service to be reimbursed for any Medical Expenses unless you are also enrolled in an employer-sponsored medical plan, (v) if you reside in the United States and your employer is covering Medical Expenses, you or your partner will not use the Service to be reimbursed for any Medical Expense for which you received a tax-free distribution from a Health Savings Account (“HSA”) or Flexible Savings Account (“FSA”), (v) you or your partner will not submit false or fraudulent information, and (vi) you or your partner will keep sufficient documentation (including invoices and receipts) for any expense reimbursed using the Service. If you receive a reimbursement as a result of your violation of this Agreement, you hereby agree to send the amount of such reimbursement to Carrot.
Payment shall be made to the bank account you identify to us via the Service from time to time. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and bank information associated with your User Account, which includes applicable tax information. We may withhold your payments until you provide applicable tax information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information. Your reimbursements may also be subject to tax withholding by your Employer. You are responsible for all applicable taxes in connection with your participation in the Service. If you have questions about your tax liability, you should seek advice from a tax professional.
Except for disputes regarding reimbursement for Medical Expenses in the United States, if you dispute any denial of a claim for reimbursement made hereunder, you must notify us in writing via your User Account or by email at support@get-carrot.com within thirty (30) days of such reimbursement or, in the case that no reimbursement has been made, within thirty (30) days of you receiving notice from us that your request for reimbursement was denied. If you dispute, in whole or in part, a denial of a claim for reimbursement for Medical Expenses in the United States, you must notify us in writing via your User Account or by email at support@get-carrot.com within one hundred eighty (180) days after receipt of such reimbursement denial or, in the case that no reimbursement has been made, within one hundred eighty (180) days of notice that your request for reimbursement was denied. Failure to so notify us shall result in the waiver by you of any claim relating to such disputed reimbursement or reimbursement request. Reimbursement amounts shall be calculated solely based on our assessment of the records you submit to us. We will not accept other measurements or statistics of any kind as the basis for reimbursement determinations. You do not have the right to audit any records in connection with this Agreement unless an audit is permitted or required under applicable law.
1.5 Carrot Card Usage and Health Savings Account Distributions
In connection with the Service, you may be issued a Carrot Card. You may only use the Carrot Card to pay for expenses that are designated as eligible for you in the Service and provided by an eligible provider, as defined by Carrot. By using the Carrot Card, you enter into, and agree to, additional terms and conditions of the Third-Party Servicer and Issuer (as applicable) that govern use of the Carrot Card ("Spend Card Program Agreement" and "Spend Card User Terms") found at https://stripe.com/legal/issuing/commercial-card. Any Carrot Card issued to you is the property of the card issuer (the “Issuer”, currently, Celtic Bank). Your Employer, the Issuer, the third-party service provider of Carrot Card account services (the "Third-Party Servicer", currently, Stripe, Inc.), or Carrot may stop payment, block or offset future payments, or cancel your Carrot Card without prior notice to you for any lawful reason, including if we determine that you violated any provision of this Agreement. Your use of the Carrot Card to make ineligible purchases is a violation of this Agreement and you hereby agree to send the amount of any such ineligible purchase to Carrot.
Please be aware that your use of the Carrot Card, including to pay for eligible expenses, may be suspended or unavailable if your Employer does not provide sufficient funds as required by its Employer Agreement with Carrot. If that situation occurs, your sole recourse is to your Employer and not to Carrot.
If you reside in the United States, your employer covers Medical Expenses, and you use the Carrot Card to pay for Medical Expenses, you agree that: (i) you or your partner will not use the Carrot Card for any Medical Expense that has already been reimbursed, (ii) you or your partner will not seek reimbursement under any other health plan for any Medical Expense paid for with the Carrot Card, (iii) you or your partner will not use the Carrot Card for a Medical Expense if you are not also enrolled in an employer-sponsored medical plan, (iv) you or your partner will not use the Carrot Card for any Medical Expense if you received a tax-free distribution from an HSA or an FSA to pay for that Medical Expense; and (v) you or your partner will keep sufficient documentation (including invoices and receipts) for any Medical Expense paid for with the Carrot Card.
To the extent your employer requires you to contribute to the cost of fertility, adoption, and gestational surrogacy expenses (i.e., a "cost share" arrangement) outside of the employer-funded Carrot benefit, you agree to promptly reimburse Carrot for the amount you are responsible for if such amount was not deducted by the provider at the time Carrot Card was used to pay for Services.
Your eligibility to use the Carrot Card will terminate upon your loss of eligibility for the Service.
1.6 Payment Correction Procedures
The correction procedures below will apply to any improper use of the Carrot Card, your failure to reimburse Carrot for the amount you are responsible for if your fertility benefit includes a cost share arrangement, or improper or over-payment, in part or in whole, of a reimbursement request. In addition, if we determine that improper use of the Carrot Card or payment of a reimbursement is due to your fraud or other intentional misconduct, we will no longer process any future reimbursement requests and may terminate your access to the Service, including the Carrot Card.
1.7 Changes to the Service
We work constantly to improve our Service and develop new features to make our Service better for you. As a result, we may need to change the Service; stop providing the Service or features of the Service to you or to Users generally; or create usage limits for the Service. We may terminate or suspend your access to the Service at any time if in our determination you violate any provision of this Agreement, or as otherwise permitted under this Agreement. If we take any of the actions set out above, we will notify you as soon as possible.
1.9 Service Location
The Service is controlled and operated from facilities in the United States. You may not use the Service if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government. By using the Service, you affirm that you are not a resident of a country embargoed by the United States or a person blocked or denied by the United States government.
1.10 Information and Material You Provide to Us
Some areas of the Service allow you to submit, post, or otherwise make available: (i) personally identifiable information about yourself or your partner (“PII”) as described in more detail in our Privacy Notice; (ii) certain materials required to facilitate your use of the Service, such as invoices, receipts, bank account information, bank statements, and the like (“User Materials”); and (iii) comments, questions, and other content provided through the functionality of the Service (collectively with PII and User Materials, “User Content”).
By providing User Content to us, you represent and warrant to us that: (a) you have obtained, and are solely responsible for obtaining, all consents and authorizations as may be required by law to submit, post, or otherwise make available to us any User Content relating to anyone other than yourself, such as your partner, a gestational surrogate, etc.; and (b) your User Content and our use of that content as contemplated by this Agreement and the Service will not violate any applicable law or infringe anyone else’s rights, including any intellectual property rights and privacy rights. Further, you will ensure that all User Content that you submit, post, or otherwise make available to us is complete, truthful, and accurate when we receive it and, with respect to PII, you will keep such PII up-to-date.
1.11 Privacy and Security
We care about the privacy of our Users and the security of their PII. Carrot maintains security protocols intended to protect such PII. You understand that by accessing or using the Service your PII and aggregated and/or anonymized data will be collected, used, and disclosed as set forth in our Privacy Notice, and that your PII will be collected and processed in the United States. You are responsible for taking precautions and security measures best suited to your circumstances and intended use of the Service (e.g., security of your devices, your Wi-Fi network, etc.), including to ensure your communications with us are secure.
1.12 Use Restrictions
You agree not to engage in any of the following prohibited activities:
2. Our Proprietary Rights
Except for your User Content, the Service and all materials therein, including, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and other content of any kind (collectively, “Carrot Content”), and all intellectual property rights related thereto, are the exclusive property of us and our licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Carrot Content. Use of Carrot Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any obligation, and that we, without any compensation to you, are free to use the Idea and/or to disclose the Idea on a non-confidential basis to anyone.
3. Communications
3a. Email and Text Messaging
If you provide us with your phone number and/or email address in your User Account, we may use that information to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. In compliance with applicable law, we may also use your phone number and email address to send you promotional messages, such as information about new features of the Service or Carrot Content you may be interested in.
You do not have to sign up for SMS/text messages in order to use the Service, and your consent to such SMS/text messages is not required. Your participation in this program is completely voluntary. We do not charge for our SMS/text messaging, but you are responsible for all charges and fees associated with SMS/text messaging that may be imposed by your network provider.
You can stop receiving SMS/text message communications and promotional email communications from us at any time with future effect by updating your communications preferences in your User Account, by clicking on the “unsubscribe” link provided in such emails, or by replying “STOP” to any SMS/text message you receive from Carrot. Note that you may not be able to opt out of Service-related communications (e.g., account verification, transactional communications, communications regarding changes/updates to features of the Service, and technical and security notices). For help, reply HELP to any SMS/text message or contact us at support@get-carrot.com.
3b. Direct Mail
If you provide us with your physical mailing address in your User Account, we may use it to mail you an enrollment kit, welcome package, or other announcements or updates via direct mail. Except for notices that we may be required to mail to you by law, you may opt out of direct mail communications from Carrot at any time with future effect by updating your communications preferences in your User Account or contacting us at support@get-carrot.com.
4. No Professional Advice
Carrot does not provide any legal, medical, tax or similar advice or representations in connection with your use of the Service. You should rely solely upon your own professional advisors and not Carrot for such advice. You should seek legal counsel regarding any legal and tax issues and should not rely on any materials or content associated with the Service in determining your rights and obligations under law.
The Service may provide general health and wellness information, a means to interact with health or wellness professionals, or a means to order certain supplements, tests, devices, or medications prescribed to you. The Service does not replace your relationship with any health care provider, practitioner, or health or wellness professional or service, and Carrot itself does not provide medical or health advice, care, diagnosis, or treatment. None of the Carrot Content should be considered medical advice or an endorsement, representation or warranty that any particular medication, supplement, test, device, or treatment is safe, appropriate, or effective for you. If you are experiencing a medical emergency, call emergency services immediately.
5. Third-Party Materials and Interactions with Health or Wellness Professionals and Care Providers
The Service may contain links to third-party websites, information, materials, products, or services that are not owned or controlled by us (“Third-Party Content”). We do not endorse or assume any responsibility for any such Third-Party Content. If you access Third-Party Content through the Service, you do so at your own risk, and you understand that this Agreement and our Privacy Notice do not apply to your use of such Third-Party Content.
We are not a party to any interaction or transaction between you and any health or wellness professional you interact with through the Service (each a “Health or Wellness Professional”), or any third-party care provider or pharmacy service provider whose information is made available via the Service (each a “Care Provider”). Your dealings with Health or Wellness Professionals or Care Providers, including your eligibility to receive services from them, are solely between you and the applicable Health or Wellness Professional or Care Provider. Accordingly, before interacting with, engaging with or receiving services from a Health or Wellness Professional or Care Provider, you should make whatever investigation you feel necessary and appropriate. The inclusion of a Health or Wellness Professional or Care Provider on the Service does not imply recommendation or endorsement by Carrot nor is such information intended as a tool for verifying their credentials, qualifications, or abilities. You understand that this Agreement and our Privacy Notice do not apply to your interactions with Health or Wellness Professionals or the services you receive from Care Providers nor to any information, including PII, that you may provide to Health or Wellness Professionals or Care Providers.
While we use reasonable efforts to ensure that the information for Care Providers is accurate and up-to-date, we make no guarantee that such information is, in fact, accurate or up-to-date as such information is subject to change based on information we receive from such providers. These changes may affect the cost of the services you receive from such providers. Further, service descriptions for Care Providers provided via the Service are not intended to constitute offers to sell or solicitations in connection with any product or service. Not all services are available in all areas due to a variety of factors, including variations in applicable law from area to area.
Any disputes between you and any Health or Wellness Professional, Care Provider or other third party are solely between you and the applicable Health or Wellness Professional, Care Provider or other third party, and you agree that we have no obligation to become involved.
6. Indemnity
You agree to indemnify us and hold us harmless 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 violation of any term of this Agreement; (ii) misleading, false, or inaccurate User Content or any other content that is submitted via your User Account; (iii) your use of the Service, by you or any person using your User Account; (iv) any dispute you may have with any Health or Wellness Professional, Care Provider or other third party; and (v) any dispute between you and your Employer.
7. No Warranty
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including that (i) the Service will be available at any particular time or location, uninterrupted, or secure; (ii) any defects or errors will be corrected; or (iii) the Service will meet your requirements. Carrot Content and other information contained on the Service is provided to you by Carrot as a convenience. No advice or information, whether oral or written, obtained by you from us or through the Service, including with respect to benefit eligibility and reimbursement amounts, will create any warranty not expressly stated herein. Any reliance you place on such information is at your own risk.
Federal law and some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state or country to country. The disclaimers and exclusions under this Agreement apply to the fullest extent permissible under applicable law but will not apply to the extent prohibited by applicable law.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall we, our affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service, including Carrot Content.
To the maximum extent permitted by applicable law, in no event shall we be liable to you for any damages in an amount exceeding $1000.00.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement apply to the fullest extent permissible under applicable law but will not apply to the extent prohibited by applicable law.
9. Arbitration, Class Waiver, Jury Trial Waiver, Governing Law
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND CARROT TO ARBITRATE DISPUTES AND LIMITS THE AVAILABILITY OF A JURY TRIAL.
9.1 Arbitration.
Both you and Carrot agree to resolve by binding arbitration any claim, dispute, or controversy (whether based in contract, tort, statute, or any other legal theory) arising out of or relating to (i) the Service, your use of the Service, or the information that you provide us in connection with your use of the Service, or (ii) this Agreement, including the validity, interpretation, enforcement, or application of this Agreement (collectively, “Claims”). Both you and Carrot further agree that the arbitrator will also have the exclusive authority to determine all additional threshold arbitrability issues.
9.2 Class Action Waiver.
YOU AND CARROT AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN ANY REPRESENTATIVE CAPACITY, INCLUDING A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR ANY OTHER REPRESENTATIVE PROCEEDING WHATSOEVER. Further, unless both you and Carrot agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
9.3 Jury Trial Waiver.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CARROT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
9.4 Arbitration Procedure.
A party who intends to seek arbitration must first send a written notice of the Claim to the other party by certified mail or Federal Express, or in the event that we do not have a physical mailing address on file for you, by electronic mail (“Notice“). All Notices to Carrot must be sent by electronic mail to legal@get-carrot.com. You and Carrot agree to use good faith efforts to resolve the Claim, but if the parties do not resolve the Claim within 30 days of the Notice, then either party may commence arbitration. Any arbitration between you and us will be governed by the American Arbitration Association (“AAA“) Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. Unless you and Carrot otherwise agree, the arbitration will be conducted in the county where you reside. If your Claim is for less than $10,000, we will reimburse your filing fee, unless the arbitrator finds that either the substance of your Claim or the relief sought is frivolous or brought for an improper purpose, in which case the payment of all fees will be determined in accordance with the AAA Rules. If your Claim is for greater than $10,000, the payment of all fees will be determined in accordance with the AAA Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
9.5 Exceptions.
You and Carrot both agree that nothing in this Agreement will be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, provided that injunctive relief is the sole form of relief sought, or (iv) file suit in a court of law to address intellectual property infringement claims.
9.6 Governing Law and Forum Selection.
The parties agree that this Agreement evidences a transaction involving interstate commerce, and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), and AAA Rules will govern interpretation and enforcement of this Arbitration, Class Waiver, Jury Trial Waiver, Governing Law section where applicable. All other claims, disputes, or controversies will be resolved under the laws of the State of California, without respect to its conflict of laws principles. For any claims, disputes or controversies that are not subject to mandatory arbitration under this Section 10, you and Carrot agree that (i) the federal and state courts located in or nearest the county in which you live will be the forum for resolution of the claim, dispute or controversy, and (ii) litigation of any claim, dispute, or controversy proceeding in court will be stayed pending the outcome of any related individual Claim in arbitration.
9.7 Opt-Out.
You may opt out of the applicability of this Section 10 by providing us a written opt-out notice within 30 days of the date on which you create your User Account. This written notice must be provided by electronic mail to legal@get-carrot.com. In order to be effective, this notice must include your full name and clearly indicate your intent to reject this Section 10.
10. General
10.1 Assignment.
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.
10.2 Changes to this Agreement.
We may modify or update this Agreement from time to time. When we change this Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to this Agreement. What constitutes a material change will be determined by Carrot. 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.
10.3 Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with us 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.
10.4 No Waiver.
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.
10.5 California Residents.
The provider of services is: Carrot Fertility, Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
10.6 Survival.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including Section 2 (Our Proprietary Rights), Section 7 (Indemnity), Section 8 (No Warranty), Section 9 (Limitation of Liability), Section 10 (Arbitration, Class Waiver, Jury Trial Waiver, Governing Law) and Section 11 (General).
10.7 Contact.
Please contact us at legal@get-carrot.com with any questions regarding this Agreement.
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