Please Read Our Terms & Conditions
Read carefully before using this site.
By using this site, you signify you agree to these Terms and Conditions.
Fertility Science Institute (“FSI”) may revise and update these Terms and Conditions at any time. Your continued usage of the FSI website (“FSI Site” or the “Site”) will mean you accept those changes.
1. This Site Does Not Provide Medical Advice.
1.1 If you are experiencing a medical emergency, you should dial “911” immediately. Reliance on any information provided on the FSI site by FSI or others on the Site at the invitation of FSI, or other visitors to the Site is solely at your own risk. Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners.
1.2 The contents of the FSI Site, such as text, graphics, images, webinars, products, and other material contained on the FSI Site are for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the FSI Site.
1.3 Neither FSI, nor any of its subsidiaries or affiliates or any third party who may promote the Site or provide a link to the Site, shall be liable for any professional advice obtained from a health care provider via the Site or for any other information obtained on the website. FSI does not endorse any specific tests, physicians, medications, products, or procedures that are recommended by providers that may use FSI to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Site is solely at your own risk and you assume full responsibility for all risk associated herewith. FSI does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Site.
2.1 FSI is an educational initiative designed to provide the best available information and bring you simple, natural, effective ways to understand and support your fertility awareness, regardless of your stage in life. We want you to feel as comfortable and confident as possible about the products and services we offer.
2.2 FSI offers certain online services through its website. As part of the FSI Website, FSI operates an online retail service (the "Online Store"). For the purposes of this Agreement, “Services” shall mean all of the above, including, without limitation, the availability to you of FSI Websites, and the Online Store.
2.3 The FSI Websites are maintained and updated frequently to bring you the latest information online. Although our technicians do their best, FSI cannot be held responsible for, and you waive any claim against FSI in respect of errors and omissions.
2.4 The FSI Website is hosted and/or operated in the US.
2.5 For good and valuable consideration, the receipt and sufficiency of which is acknowledged, FSI and you, the Client (referred to herein as “you” or the “Client”) agree as follows:
2.7 Modifications to Terms. FSI may modify this Agreement from time to time and such modification shall be effective immediately upon posting such modifications on the FSI Websites or any of them. Your continued use of the Services after FSI has posted a revised Agreement constitutes your acceptance of the revised Agreement. The term “Agreement” when used herein shall be deemed to include all amendments to this Agreement, as and when they are incorporated into this Agreement, regardless of whether you have accessed the most recent version of this Agreement. Accordingly, you should access this Agreement each time you use any of the Services.
2.8 Modifications to the Site. FSI reserves the right to modify the Site or to change or discontinue any of the services offered on the Site with or without notice to you. We shall not be liable to you or to any third party should we exercise our right to modify the Site or to change or discontinue our service offerings. If you object to any change to the Site or our services, your sole recourse will be to discontinue using the Site. Your continued use of any modified service on the Site will indicate your assent to such changes.
2.9 Representations & Warranties. You represent and warrant that: You are of legal age to form a binding agreement (“Legal Age”). If you are not of Legal Age, you are not authorized to use the Services unless: (a) you have received the permission of your parent or legal guardian and (b) your parent or legal guardian, by granting such permission agrees to be bound by this Agreement and in such a case, the term “you” and “Client” shall be deemed to include your parent or legal guardian.
2.10 You will provide true, accurate, current, and complete information about yourself ("Client Information") as prompted and you will maintain and promptly update your Client Information to keep it true, accurate, current, and complete.
2.11 FSI has the right to refuse, suspend or terminate your current or future use of the Services (or any portion thereof), without warning, if: we believe that you are under the Legal Age and you represent yourself as being of or over the Legal Age you provide, or FSI suspects that you have provided, any information that is untrue, inaccurate, not current, incomplete or in violation of the FSI Principles (https://fertilityscienceinstitute.org/about/).
2.12 FSI has the right to refuse, suspend or terminate any directory or other participants if discovered the participants do not practice the FSI Principles (https://fertilityscienceinstitute.org/about/).
This Agreement shall be effective from the moment you access the FSI Websites and/or use the Services and shall remain in full force and effect even after you cease your use of the Services.
4. Ownership of the Site and Related Materials
All pages within this Site and any material made available for download are the property of FSI, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
5. Electronic Communications
5.1 When you use any FSI Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
5.2 By calling or texting the phone numbers 513-471-2000, (800) 745-8252 or (800) 214-6028, you agree to receive non-marketing text messages from our staff. If you no longer wish to receive text Messages, you may opt out at any time by letting the office know.
6. Accuracy and Integrity of Information
Although FSI attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform FSI so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, FSI shall have no responsibility or liability for information or Content posted to the Site from any non-FSI affiliated third party.
7. Links to Other Sites
FSI makes no representations whatsoever about any other website that you may access through this Site. When you access a non-FSI site, please understand that it is independent from FSI, and that FSI has no control over the Content on that website. In addition, a link to a non-FSI website does not mean that FSI endorses or accepts any responsibility for the Content, or the use, of the linked site. 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. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
8. User Submissions
8.1 Children’s Privacy. We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
8.3 You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, forums, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
8.4 If you make any such submission, you agree that you will not send or transmit to FSI by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept, or invention to FSI by email, you agree such submission is non-confidential for all purposes.
8.5 If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to FSI by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted FSI a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. FSI may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to FSI by email. We try to answer every email in a timely manner but are not always able to do so.
8.6 You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
8.7 To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or website URL) of you or of anyone else without permission. Uploading media like images or video of other people without their permission is strictly prohibited.
8.8 By uploading any media on the FSI site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
8.10 You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Site.
8.11 By uploading any media like a photo or video, (a) you grant to FSI a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes FSI to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify FSI and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.
8.12 FSI reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
9.1 Subject to Change. All prices listed on the FSI Site are subject to change without notice. For up-to-date information, please contact FSI by telephone during normal business hours.
9.2 Taxes. All prices listed on the FSI Websites are exclusive of all taxes. Applicable taxes will be added to the listed price at the time of purchase.
9.3 Shipping and Handling. Shipping and handling charges (“S&H Charges”) are not included in the listed price(s). All such charges will be calculated at checkout. The completion of your purchase constitutes your acceptance of the S&H Charges.
9.4 Secured Processing Partners. In order to purchase products or items (collectively, "Products") through our Online Store, you may be required to register with our processing partner, which is currently Stripe Payments. Ltd. (our "Secured Processing Partner") and create an account with our Secured Processing Partner. Your purchase of any Products and use of any services provided by our Secured Payment Partner is governed by our Secured Payment Partner's terms, conditions, and policies. We reserve the right to utilize a different Secured Processing Partner, and, in such a case, the term Secured Processing Partner shall include such different processing partner(s). We are not responsible for any Secured Processing Partner website, service, account, or information collected by such Secured Payment Partner and you are solely and entirely responsible for, and waive any claim against us for, any and all use of your accounts you may have with our Secured Processing Partner.
9.5 Billing Information. For your security, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order where there is a mismatch of information.
10.1 Processing. We will use reasonable efforts to process orders of Products (“Orders”) within 2 – 3 business days of receipt of payment (the "Processing Date").
10.2 Delivery. We will use reasonable efforts to deliver Orders within 2 – 5 business days of the Processing Date. Processing and delivery estimates do not include weekend days and federal and statutory holidays. Business days are Monday-Friday. Orders placed on weekends and federal or statutory holidays will be processed on the next business day.
10.3 Cancellation of Orders. Once you have finalized your Order, which is defined as the moment you click “Send My Order” or equivalent, you cannot cancel or change your Order. Our system is designed to process and ship, and all Orders are final, except that FSI may cancel Orders at its sole discretion for the following or reasonably similar reasons to the following:
1. The Order cannot be shipped to the Client address provided: 2. A duplicate Order was placed by the Client;
3. The payment information provided could not be processed;
4. At the Client’s request (at the sole discretion of FSI); or
5. An event of Force Majeure that continues for 14 days (as further set out below under the heading Force Majeure)
10.4 Notice of Cancellation. If your Order is cancelled, we will send an e-mail notice to the e-mail address you provided, explaining the reason(s) for the cancellation.
10.5 Billing. If you have already been billed for any cancelled order, FSI will refund you at time of cancellation if in line with section 10.3 of this Agreement.
10.6 If you are interested in placing a new Order or if you have questions about cancelled Order, please contact us.
10.7 Non-Refundable. Notwithstanding the foregoing, shipping, and handling fee (Including but not limited to postage and freight charges, customs fees, and charges incurred by FSI resulting from U.S. orders of the coaching sessions) are non-refundable.
11. Returns and Refunds
11.1 Class Returns and Refunds - You may receive a partial refund within the first 30 days of purchasing a class. Refunds will be prorated based on class material usage and percentage of class completion. Shipping and handling charges are not refundable. Any class materials must be in resalable condition and thermometers must not be opened. We will issue refund after receipt of the returned product.
11.2 There will be NO REFUNDS after 30 days of purchase.
11.3 Store Products Returns and Refunds -CCL has a 30-day return policy, beginning the day of shipment for items purchased in our store. All items submitted for return and refund must be in resalable condition; thermometers must be unopened. We will issue refund after receipt of the returned product. Shipping and handling charges are not refundable.
11.4 Overview & FAQ's on Returns and Refunds Our refund and returns policy lasts 30 days. If 30 days have passed since your purchase, we can’t guarantee you a full refund or exchange.
a. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
b. Process. If you are in need of a refund or exchange it is always best to call the office first to discuss. Please call us at 1-800-745-8252 or email firstname.lastname@example.org. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
c. Shipping returns To return your product, you should mail your product to:
Fertility Science Institute
5440 Moeller Ave Suite 149
Cincinnati, OH 45212
d. Shipping Costs: You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you may vary. If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
e. Late or missing refunds: If you haven’t received a refund yet, and you have an email from us stating your refund has been approved, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com
12. Proprietary Rights.
12.1 The Services and any and all content and materials (including but not limited to all FSI Products, logos, trade-marks, and all other intellectual property) posted or otherwise described on or available through the FSI Websites or otherwise created by FSI or its licensors and associated with the Services (collectively, the "Content") are owned by FSI or its licensors, and are protected by applicable intellectual property and other laws (including but not limited to copyright, trademark, patent, trade secret, industrial secret, and other laws). For greater certainty, but without limitation, FSI or its licensors own(s) and retain(s) all rights in the Content and no grant of ownership or license is granted to you. Except as provided for in this Agreement, you shall not modify, rent, lease, loan, sell, distribute or export the Content, or create or cause to be created any derivative works based on the Content, in any manner and you shall not otherwise exploit the Content in any unauthorized way whatsoever.
12.2 Usage Rules. You understand that the Services use a technology that protects digital information and that your use of the Services and materials and Content made available by or through the Services is subject to certain rules ("Usage Rules") established by FSI and its licensors and Content providers. You agree:
- to comply with such Usage Rules, as established by FSI from time to time, and you agree to not violate, or attempt to violate, any of the Usage Rules.
- to not attempt to, or assist another person in attempting to, circumvent, override, reverse engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.
- that the Usage Rules may be controlled and monitored by FSI for compliance purposes, and FSI reserves the right to enforce the Usage Rules with or without notice to you.
- to not modify, or attempt to modify, any software provided, or otherwise made available to you, by FSI or any of its licensors or providers (the "FSI Software") in any manner or form, or to use modified versions of the FSI Software for any purpose including obtaining unauthorized access to the Services.
12.3 Any unauthorized reproduction, publication, exportation, further distribution or public exhibition of the Services or Content, in whole or in part, is strictly prohibited. FSI reserves the right to investigate and take appropriate legal action against anyone who, in FSI’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
- forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Services;
- covering or obscuring the banner advertisements on any FSI Websites pages;
- impersonating or attempting to impersonate another client, person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- selling or otherwise transferring any of the Services;
- accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person; and
- using the Services in a manner inconsistent with any and all applicable laws and regulations.
12.4 No Resale. You agree not to reproduce, duplicate, copy, sell, trade, distribute or exploit for any commercial purposes, any portion of the Services or the Content.
12.5 International Use. Recognizing the global nature of the Internet, in addition to the foregoing, you agree to comply with all local rules and laws regarding online conduct and use of the Internet.
12.6 Linking. The creation and use of links to the FSI Websites, and the creation and use of links by FSI on the FSI Websites, are governed by this Agreement, and specifically by FSI Linking Policy, which is incorporated into this Agreement by reference, and is an integral part of this Agreement.
13. Disclaimer and Limitation of Liability
13.1 Your use of the Services is at your sole risk.
13.2 Any material(s) downloaded or otherwise obtained or viewed through your use of the Services is done at your own discretion and risk and you are solely and entirely responsible for any damages which my occur as a result of same, including but not limited to damage to your computer system or loss of data that results from the download of any such material.
13.3 FSI makes no warranty that information, software and/or other material accessed or viewed using the Services will be free of viruses, bots, worms, or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
13.4 FSI is not responsible for the conduct, whether online or offline, of any user of the Services.
13.5 FSI and/or third parties may provide links to other Internet sites or resources. Inclusion of any link or resource on the Services does not imply the approval or endorsement of FSI. When you access such sites or resources, you do so at your own risk. FSI has no control over third party websites or resources and such websites and resources are not necessarily investigated, monitored or checked for accuracy or completeness by FSI. You expressly acknowledge and agree that FSI is not responsible for the availability of such external sites or resources, and that FSI does not endorse and is not responsible or liable for any content, advertising, products, opinions or other materials on, or available from or through such sites or resources. You further expressly acknowledge and agree that FSI is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13.6 FSI and/or third parties may create and/or otherwise provide advertisements and applications to you. FSI takes no responsibility for third party advertisements or applications that are created and/or posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, representations, warranties, or conditions associated with such dealings, are solely between you and such advertiser. You agree that FSI is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of third party advertisers on the Services.
13.7 FSI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Client communication (whether via the Internet, telephone, "wireless" or any other method of communication).
13.8 FSI is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to you or to any person's computer related to or resulting from participation or downloading materials in connection with the Services.
13.9 Unless otherwise expressly set out herein, the Services and Products sold through our Online Store are provided "as-is" and "as available" and FSI expressly disclaims any and all warranties, representations and conditions of any kind, whether express or implied, including but not limited to any/all implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement. FSI cannot guarantee and does not promise any specific results from your use of the Services or Products.
13.10 No advice or information, whether oral or written, obtained by you from FSI or through the Services shall create any new warranty, representation or condition.
13.11 FSI makes no warranty, express or implied, that:
- the Services or Products will meet your requirements
- the Services will be uninterrupted, timely, secure, or error-free
- the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or
- any errors in the services will be corrected.
13.12 IN NO EVENT SHALL FSI (or its affiliates, licensors, contractors and their respective employees) be liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to damages for lost profit , goodwill, use, data, or other intangible losses (even if FSI has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services or otherwise access the internet or any part thereof; (ii) the use or the inability to use any Products; (iii) the disclosure of information by Clients to FSI; (iv) any content posted on or through the Services (v) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (vi) unauthorized access to or alteration of your transmissions or data; (vii) statements or conduct of any other client or third party, whether online or offline; (viii) spyware, malware or viruses contracted from using the internet or otherwise through the Services; or (ix) any other matter relating to the Services or the Products. Notwithstanding anything to the contrary contained herein, FSI’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to FSI for the Services or Products sold to you through the Services. In the event your jurisdiction does not allow the exclusion of the warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages, these provisions will be limited to the maximum amount prohibited by law.
FSI has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your FSI passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your FSI account and password; (3) promptly inform FSI of any need to deactivate a password. You grant FSI and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. FSI cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using FSI tools and services.
You agree to defend, indemnify, and hold FSI, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
16.1 You expressly agree that exclusive jurisdiction for any dispute with FSI, or in any way relating to your use of the FSI Site, resides in the courts of the State of Ohio and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Ohio in connection with any such dispute including any claim involving FSI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
16.2 These Terms and Conditions are governed by the internal substantive laws of the State of Ohio without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
17. Force Majeure