Terms of Use and Privacy Policy

Important Legal Information:

This website contains medical information. The medical information is not advice and should not be treated as such. Evelyn Hecht, PT and her team are not physicians, nor acting like direct care or virtual physical therapists. We act as non-medical, health/wellness coaches and administrative personnel to assist people towards healing long standing pelvic issues. The information included on this site is not a substitute for professional medical advice, examination, diagnosis, or treatment. Always seek the advice of your physician or qualified health care practitioner before starting or changing your exercise routine, starting any new treatment, or making changes to existing treatment.

Terms of Use:

Please read these Terms of Use carefully before using this Site.

Welcome to the PelvicSense Inc. (“PelvicSense”, “we”, or “us”) website located at https://pelvicsense.com (the “Site”). Please read these Terms of Use (the “Terms”) and our Privacy Policy (https://pelvicsense.com/privacy) carefully because they govern your use of our Site, the other websites and the online services that we provide. To make these Terms easier to read, the Site, our other websites, the future Apps, and our services are collectively called the “Services.”

THE SERVICES AND ALL CONTENT AND INFORMATION ON OR THROUGH THE SERVICES, ARE FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL OR MEDICAL ADVICE AND WE CANNOT AND DO NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE; DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

Acceptance of Terms; Applicability of Terms

By using the Services, including by using this Site, you consent and agree to these Terms and to our Privacy Policy (https://www.pelvicsense.com/privacy), which is incorporated into and made a part of these Terms.

These Terms constitute a binding legal agreement between you, as a user of the Services, and PelvicSense. If you have been authorized to, and are helping another person visit our Services, these Terms constitute a legally binding agreement between both the helper and the person being helped and PelvicSense. Your access to and use of the Services is expressly conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users of the Services, including users who are also contributors of content, information, and other materials or services in the Services. If you do not agree with these Terms, do not access or use any portion of the Services in any manner, for any purpose.

Your use of any Services with which we may be affiliated may be subject to additional terms, including terms and conditions provided by a third party. If you do not agree with all of these additional terms and conditions, do not access or use any Services subject to such additional terms. If you accept these Terms, but later decide that you want to terminate your account, please contact Customer Support at [email protected], and we will verify and complete your request.

Our Services

To receive our Services, you must register as more fully described below in the section entitled “Registration.” The Services are available only to individuals who are at least 18 years old. You represent and warrant that you have the legal ability (capacity) to enter a binding contract and are at least 18 years old, and that all registration information you submit is accurate and truthful. PelvicSense aka PS may, in its sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time for any reason. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

As part of the Services, we have designed programs to provide information and content related to wellness, health, and lifestyle. We encourage you to consult with your healthcare provider before commencing the Services. You represent that you are in good enough health to begin these Services. The Services require your active engagement and participation. You understand that, despite your efforts, individual users’ results will vary for a variety of reasons and PelvicSense cannot and does not guarantee that you will achieve your health or lifestyle goals.

No Medical Advice

OUR SERVICES AND ALL CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE AND DO NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. WE ARE NOT A MEDICAL DEVICE PROVIDER. RATHER, THE SERVICES ARE INTENDED TO ENABLE REGISTERED USERS TO ACCESS WEB-BASED EDUCATION AND CONTENT AND RESOURCES IN THE HEALTH AND WELLNESS SPACE. RELIANCE ON ANY INFORMATION PROVIDED BY OR ON BEHALF OF PS, PS EMPLOYEES, CONSULTANTS, OR OTHER VISITORS OR USERS OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Certain Services may give registered users with access to our employees, consultants, and other representatives, including facilitators and licensed and non-licensed professionals, who with your consent may communicate with you by web, telephone, SMS, or email. Such employees, consultants, and other representatives provide only educational services and resources, and do not provide medical care, medical advice, patient-specific recommendations, diagnosis, or treatment.

Certain Services include programs offering registered users the opportunity to participate in online and virtual group discussions and question and answer sessions facilitated by both licensed professionals and professionals who are not licensed for an additional fee (collectively, “Virtual Group Programs”). Our Facebook page includes groups and communities (collectively, “Facebook Groups”) that offer users the opportunity to participate in free online group discussions, online communities, and question and answer sessions. Facebook Groups may be unfacilitated or may be facilitated by both licensed facilitators and professionals who are not licensed. Virtual Group Programs and Facebook Groups are intended to provide additional health and wellness content in a virtual group setting. All services, content, and information on, in, or through Virtual Group Programs and Facebook Groups are for informational purposes only and do not constitute medical care, diagnosis, or treatment. Such facilitators do not provide patient-specific recommendations or treatment.

PS does not employ or contract with physicians to provide medical care to you. PS does not offer medical advice, diagnosis, or treatment or engage in the practice of medicine or the provision of medical devices. Only your physician or other healthcare provider can do that. You should not change your treatment or care plan, medication, or therapy based on information, advice, or materials you receive through the Services or from our employees, agents, or consultants (including program facilitators). Use of our Services and consultation with our employees, agents, or consultants are supplemental to any treatment or care provided by your physician or other healthcare provider and do not replace regular medical visits with your physician or other healthcare provider. Always seek the advice of your physician or other qualified healthcare provider with any questions regarding your medical condition or the use (or frequency) of any treatment, medication, or medical device. Never disregard professional medical advice or delay in seeking it because of something you have read, viewed, or heard in connection with our Services. To the extent you receive medical care consequent to the Services, all diagnosis and treatment by any medical professional is separate from and unrelated to the Services provided by PS.

If you have an existing mental health condition, you should speak with your physician or other healthcare provider before starting use of any of our Services.

No Emergency Services

THE SERVICES ARE FOR NON-EMERGENCY PURPOSES ONLY. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THE SERVICES. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM.

THE SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY OR TIME-CRITICAL CALLS OR COMMUNICATIONS TO ANY TYPE OF HOSPITAL, LAW ENFORCEMENT AGENCY, MEDICAL CARE UNIT, OR ANY OTHER KIND OF EMERGENCY OR TIME-CRITICAL SERVICE.

If in our opinion we perceive there to be a life-threatening emergency involving any user of our Services, we may, but are not obligated by reason of your use of our Services to, take such actions as we in our sole discretion determine to be reasonable, necessary, or appropriate, including contacting such law enforcement, hospital, and/or medical personnel (“Emergency Responders”) as we in our sole discretion determine to be appropriate, and providing your personal information to such Emergency Responders. You understand and agree that, in the event that we take any action with respect to securing Emergency Responders, you, and not PS or any of our affiliates or representatives, will be solely responsible for payment of any and all medical services rendered in connection with any treatment arising therefrom. You further understand and agree that PS may, but has no obligation to, monitor any of the Services or any user communications made on or through any of the Services or any Facebook Groups (including but not limited to communications through Virtual Group Programs and comments and posts made in any Facebook Group), and that PS has no obligation to contact any Emergency Responders under any circumstances. PS shall have no liability of any nature whatsoever for monitoring or not monitoring any of the Services or any user communications on or through any Services or any of our Facebook Groups, or for contacting or not contacting Emergency Responders or any other authorities under any circumstances.

Privacy and Your Personal Information

PS’s current privacy policy is located at https://www.pelvicsense.com/privacy (the “Privacy Policy”) and is expressly incorporated into these Terms. The Privacy Policy governs the collection, use, processing, and disclosure of your personal information submitted on or through the Services. By using the Services and agreeing to these Terms, you agree to the terms of the Privacy Policy and consent to all actions taken by us with respect to your personal information in compliance with the Privacy Policy and the use, processing, and disclosure of information provided to PS as set forth herein. For inquiries regarding the Privacy Policy, or to report a privacy-related problem, please contact [email protected]. In the event of any conflict between the Privacy Policy and these terms, these Terms shall govern to the extent of such conflict.

The Services may include the ability to connect with a small social network of people previously diagnosed with or prescreened for certain medical conditions, including endometriosis, OAB, IC, IBS, vulvodynia, and chronic pelvic pain conditions. BY VISITING OR USING THE SERVICES, YOU CONSENT TO OUR COLLECTION, USE, PROCESSING, AND DISCLOSURE OF YOUR PERSONAL INFORMATION, INCLUDING HEALTH-RELATED INFORMATION SUCH AS YOUR MEDICAL CONDITIONS, IN COMPLIANCE WITH OUR PRIVACY POLICY. IF YOU DO NOT CONSENT TO THE USE, PROCESSING, AND DISCLOSURE OF THIS INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY, YOU SHOULD NOT ACCESS OR USE THE SERVICES.

Rules and Conduct

As a condition of use of the Services, you agree not to use the Services for any purpose that is prohibited by these Terms or by applicable law. The Services (including, without limitation, any Content or User Submissions (both as defined below)) are provided only for your own personal, noncommercial, limited use in accordance with these Terms. You are solely responsible for all your activity in connection with the Services. For purposes of these Terms, the term “Content” includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, materials, data (obtained about you through the Services or from third parties), text, photographs, images, software, scripts, art, graphics, logos, button icons, and interactive features generated, provided, or otherwise made accessible by or on behalf of PS or its partners on or through the Services.

By way of example, and not limitation, you shall not, and shall not permit any third party to, directly or indirectly (a) take any action or (b) upload, download, post, submit, or otherwise distribute or facilitate distribution of any content on or through the Services, that: infringes any patent, trademark, trade secret, copyright, other intellectual property right, right of publicity, or other right of PS or any other person or entity; is unlawful, threatening, abusive, harassing, defamatory, libelous, slanderous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk, chain letters, or bulk e-mail (“spamming”); involves commercial activities and/or sales without PS’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains or distributes software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of PS or any third party; or impersonates any person or entity, including any employee or representative of PS. Without limiting the foregoing, you (i) shall not share or disclose the personal information of another user without that user’s permission, and (ii) shall not use for any improper or unlawful purpose any personal information of another user.

Additionally, you shall not: (a) take any action that imposes or may impose (as determined by PS in its sole discretion) an unreasonable or disproportionately large load on PS’s (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (c) bypass any measures PS may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (d) run Maillist, Listserv, any form of auto-responder, or “spam” on the Services; or (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Services.

You shall not directly or indirectly: (a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction; (b) modify, translate, or otherwise create derivative works of any part of the Services; or (c) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws, and regulations.

PS reserves the right to, without prior notice, remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if PS is concerned that you may have violated these Terms), or for no reason at all, and to delete any user’s account or suspend or terminate a user’s subscription or access to any Services upon any fraud or breach or suspected breach of these Terms.

PS shall have no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the foregoing activities.

Registration; Computer Equipment and Internet Services; Consent to Receive Email/Phone Communications

As a condition to using certain aspects of the Services, you may be required to register with PS and select a password and screen name (“Screen Name”). You shall not (a) select or use as a Screen Name a name of another person with the intent to impersonate that person; (b) use as a Screen Name a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a Screen Name a name that is otherwise offensive, vulgar, or obscene. PS reserves the right to refuse registration of or cancel a Screen Name in its sole discretion. You are solely responsible for choosing your Screen Name and for activity that occurs on your account. Additionally, you are solely responsible for setting your account password, as well as maintaining its confidentiality. You shall never use another user’s account without such other user’s express permission. You will immediately notify PS in writing of any unauthorized use of your account, or other account related security breach of which you become aware.

As a condition of using our Services, you may be required to provide PS with your email address and phone number as part of registration. As part of the Services, you may receive from us email and other communications (e.g., SMS messages and voice calls) relating to your use of our Services. By disclosing this contact information or otherwise sending electronic communications through the Services, you acknowledge and agree that we may send you communications through registered mail, email and other electronic communications, SMS messages, voice calls, or otherwise, that we determine, in our sole discretion, are related to your use of our Services. As part of using our Services you agree to receive all agreements, notices, disclosures, and other communications that we provide to you in electronic form, and acknowledge that receipt of such documents in electronic form satisfies any legal requirement that such communications be in writing.

With the exception of the Services, you are responsible for obtaining, installing, maintaining, and operating all software, hardware, and other equipment (collectively, “Systems”) necessary for you to access and use the Services, as well as Internet services via the Internet service provider of your choice. This responsibility includes, without limitation, your utilizing current versions of web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. You acknowledge that there is certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the Service for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems, and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or the Systems.

WHEN YOU CONTACT US BY EMAIL OR TEXT, WE HAVE NO WAY OF PROTECTING YOUR INFORMATION UNTIL IT REACHES US SINCE EMAIL AND TEXT MESSAGING AND THE COMMUNICATION LINES SUCH COMMUNICATIONS TRAVEL OVER DO NOT HAVE THE SECURITY FEATURES THAT ARE BUILT INTO OUR SERVICES AND MAY NOT BE SECURE. BY SENDING ANY INFORMATION TO US VIA EMAIL OR TEXT OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.

Fees and Payment

PS reserves the right to require payment of fees for certain features of the Services. Should you elect to subscribe to such features, you shall pay all applicable fees, as described in connection with such features. PS reserves the right to change its price list and to institute new charges at any time, upon prior notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.

Any discount or promotion code or offer provided by PS may not be used in conjunction with any other promotion code or offer, past or present. Unless otherwise set forth in the terms of the applicable promotion, all promotions or discounts will apply to the initial period of the subscription, and any renewals may be subject to the pricing in effect at the time of renewal for the type of subscription purchased.

Gifting

“Gift Subscriptions” are pre-paid memberships to the Services. A person who purchases the gift is referred to in these Terms as the “Giftor.” A person who receives and redeems a Gift Subscription to the Services is referred to in these Terms as the “Recipient.” Gift Subscriptions are paid for as a one-off upfront payment. Once bought, the Giftor will receive an order confirmation. The Gift Subscription will be sent to the Recipient on the Giftor’s specified date. We will automatically bill the payment method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscriptions that are not redeemed. We are not responsible if a Gift Subscription is lost, stolen, or used without permission. Gift subscriptions and the Recipients are subject to all the Terms. Gift subscriptions may be cancelled as stated below in Paragraph 13: Termination.

Third-Party Sites and Materials

The Services may allow you to display, use, include or make available content, data, information, applications, or materials from third parties (“Third Party Materials”), or the Services may provide links to certain third party websites (“Third Party Websites”).

When you allow the use of any Third Party Materials or access any Third Party Websites, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use and/or privacy policies that apply to such Third Party Materials or Third Party Websites. These Third-Party Materials and Third-Party Websites and their content and performance are not under PS’s control. Your or others’ provision of Third Party Materials and PS’s provisions of Third Party Websites are for convenience only and all statements and opinions expressed in Third Party Materials or Third Party Websites are solely the opinions and the responsibility of the person or entity providing those materials. The inclusion of any such Third Party Materials or Third Party Websites in the Services does not imply endorsement or a recommendation by PS of such Third Party Materials or Third Party Websites or any affiliation or association with any provider of Third Party Materials or Third Party Websites (each, a “Third Party Service Provider”). PS does not accept any responsibility for technical failures or for unauthorized access of user transmissions by any third parties. You expressly understand and agree that your use of Facebook Groups constitutes use of a Third Party Website, that such use is subject to Facebook’s terms of use, privacy policy, and data retention and data sharing policies, which are not controlled by PS, and that PS shall have no liability with respect to such Third Party Website or your use thereof.

Third Party Service Providers may collect and use certain information about you, as specified in their privacy policies and terms of use. Prior to using or providing any information to any Third-Party Service Provider, you should review their privacy policy and terms of use. If you do not understand or do not agree to the terms of a Third-Party Service Provider’s privacy policy and/or terms of use, you should not use the related third-party services. For more information about third parties and your information collected by the Services, please see our Privacy Policy (https://www.curablehealth.com/privacy).

PS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO ALL THIRD PARTY MATERIALS AND ALL THIRD PARTY WEBSITES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, CONTENT, FUNCTIONS, ACCURACY, LEGALITY, APPROPRIATENESS, SERVICES, MATERIALS, POLICIES, PRACTICES, OR ANY OTHER ASPECT OF SUCH THIRD PARTY MATERIALS OR THIRD PARTY WEBSITES OR FOUND THROUGH THE USE OF ANY THIRD PARTY WEBSITES THAT LINK TO OR FROM THE SERVICES OR ARE OTHERWISE REFERENCED IN THE SERVICES.

PS HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY THIRD-PARTY SERVICE PROVIDER. BY ACCESSING, DOWNLOADING, REGISTERING FOR, OR USING THE SERVICES, YOU AGREE THAT CURABLE HAS AND WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS, OR SERVICES PROVIDED BY ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY OTHER USERS OF THE SERVICES OR ANY THIRD PARTY SERVICE PROVIDERS LINKED THROUGH THE SERVICES, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM OR ALLEGED TO HAVE RESULTED FROM YOUR USE OF THIRD PARTY MATERIALS AND THIRD PARTY WEBSITES.

Intellectual Property

The Services and the Content are protected under United States and international intellectual property, copyright, trademark, patent, trade secret, and other laws. The Services and the Content are the sole property of PS (or our affiliates and/or licensors, where applicable). Subject to your compliance with these Terms, as revised (and any other terms governing your use of the Services), PS grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to enter and use our Site, download to your personal device our future Apps, and access and use our Services in accordance with these Terms for personal, noncommercial purposes. All rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by PS (or our affiliates and/or licensors, where applicable).

You shall abide by all copyright notices, limitations, obligations, restrictions, and special rules contained in any Content accessed through the Services, which notices, limitations, obligations, restrictions, and special rules are incorporated herein by reference. The Services, including Content, shall not be used except as provided in these Terms. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the Services or any Content or third party submissions or other proprietary rights not owned by you, (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right.

You may, to the extent the Services expressly authorize you to do so, download or copy the Content, and other items displayed on the Services for download, for personal, noncommercial use only in accordance with and subject to these Terms, provided that you maintain without altering or obscuring all copyright, trademark, and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use in accordance with these Terms is expressly prohibited without prior written permission from Curable, or from the copyright holder identified in such Content’s copyright notice. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will PS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

PelvicSense, PelvicSense Groups, and the PelvicSense logo (the “PelvicSense Marks”) are trademarks or registered trademarks of PelvicSense Inc. Other trademarks, service marks, graphics, and logos appearing on the Services may be the property of third parties (the “Third Party Marks”). Neither your use of the Services nor these Terms grant you any right, title, or interest in or to, or any license to reproduce or otherwise use, the PelvicSense Marks or any Third-Party Marks.

If you believe any materials accessible on or from the Site or other Services infringe your copyright, you may request removal of those materials (or access to them) from the Site or other Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, as amended (17 U.S.C. § 512) (“DMCA”), the written notice must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive such notices is:

PelvicSense Inc.

Attention: Copyright Officer

201 Milwaukee Street

Denver, CO 80206

[email protected]

User Submissions

The Services may provide you with the ability to create, upload, submit (through our Services or through third-party websites, software or tools), disclose, distribute, or otherwise post (hereafter, “posting”) content (including personal information), videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship, and other information related to the Services, including without limitation any feedback or suggestions for improvements, enhancements, or error corrections (collectively, “User Submissions”). You may also have access to other users’ User Submissions through the Services. You represent and warrant to us that you own or control all rights in and to your User Submissions, have the legal right to post such User Submissions, and that doing so will not violate any law or infringe upon or violate the rights of any person or entity.

User Submissions must comply with these Terms. User Submissions shared through Virtual Group Programs, public Facebook Groups, or other public forums such as online message boards, chats, or other forums (“Public Submissions”) are considered public, non-confidential, and non-proprietary. By posting, creating, and disclosing User Submissions or any other data on, in, or through any of the Services, including without limitation any individually identifiable health or personal information you submit to us, you hereby irrevocably and unconditionally assign to us all right, title, and interest in and to any such User Submissions (including, without limitation, any modifications, reproductions, or derivative works thereof), and all User Submissions you supply to us through the Services shall be deemed and shall remain our property, subject to PS’s compliance with the current Privacy Policy and all applicable federal and state privacy laws. To the extent such an assignment is not permitted by applicable law, you hereby grant to PS and its licensees, successors, and assigns a perpetual, non-exclusive, worldwide, royalty-free, irrevocable right and license to use, copy, print, display, reproduce, modify, publish, post, transmit, perform, distribute, prepare derivative works of, incorporate into other works, and otherwise exploit such User Submissions and other data for any purpose (including, without limitation, commercial, publicity, trade, promotion, or advertising purposes), with the right to sublicense. Notwithstanding the foregoing, User Submissions you share with PS solely through non-public Services (e.g., chatbots, email, text messages, private Facebook Groups, and phone calls with PS) will not be shared by PS with third parties except in compliance with our current Privacy Policy found here (https://www.pelvicsense.com/privacy), or with your consent; provided, that if you also share such information through any public Services, including through Virtual Group Programs or public Facebook Groups, such information will be considered Public Submissions. You further understand and agree that PS has the right to create, use, and disclose such User Submissions in accordance with applicable law and/or after they have been de-identified in accordance with 45 CFR section 164.514.

You understand that PS shall have the right to de-identify, reformat, excerpt, or translate any materials, content, information, or other User Submissions submitted by you; and that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated.

PS is and shall not be liable or responsible for the appropriateness, legality, reliability, or accuracy of any User Submissions, for any errors or omissions therein, or otherwise with respect to any User Submissions. PS cannot and does not guarantee the identity of any other users with whom you may interact while using the Services. PS does not endorse or recommend and has no control over any User Submissions. PS cannot and does not guarantee the authenticity of any data which users may provide about themselves. Your sharing or disclosure of User Submissions and your use of others’ User Submissions is at your own risk.

PS has the right but no obligation to monitor the Services, Content, or User Submissions. PS may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission or in order to comply with applicable laws), or for no reason at all, and to delete any user’s account or suspend or terminate a user’s subscription or access to any Services upon any fraud or breach or suspected breach of these Terms. Without limiting the foregoing, in Facebook Groups that are facilitated by a PS admin, PS has the right but not the obligation to delete User Submissions that violate the guidelines of any Facebook Group, our Terms of Use, or applicable law, as determined by PS in its sole discretion. You understand that PS shall have the right, but not the obligation, to record or monitor for quality assurance and training purposes all telephonic, e-mail, and other forms of communication, and to monitor or disclose in accordance with our Privacy Policy any User Submissions and other communications made in, on, or through the Site or other Services. By accepting these Terms, you consent to any such recording, saving, monitoring, or disclosure.

Termination

PS may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. Upon termination of your right to use any Services or our termination of the Services, all licenses and other rights granted to you by these Terms will immediately terminate.

If you wish to terminate your account with a full refund, minus a $100.00 administration fee, you may do so within the 14-day period from the time of purchase. Follow the instructions on the Services or by emailing us at [email protected]. All provisions of these Terms which by their nature should survive termination of your account and/or termination or expiration of these Terms shall survive such termination or expiration, including, without limitation, ownership and intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.

Warranty Disclaimer

Notwithstanding anything to the contrary elsewhere in these Terms, PS has no special relationship with or fiduciary duty to you, your heirs, personal representatives, successors, or assigns. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, PS, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, CONTENT PROVIDERS, AND OTHER PERSONS ASSOCIATED WITH PS, DO NOT WARRANT: (A) THAT THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THAT THE SERVICES WILL BE ACCURATE OR FREE FROM ERRORS OR DEFECTS OR THAT ANY INACCURACIES, DEFECTS, OR ERRORS WILL BE CORRECTED; (C) THAT THE SERVICES OR ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MATERIAL; (D) AS TO THE RELIABILITY, COMPLETENESS, CURRENTNESS, OR SUITABILITY FOR ANY PURPOSE OF THE SERVICES OR THE CONTENT OR ANY OTHER MATERIALS OR COMMUNICATIONS PROVIDED BY OR THROUGH THE SERVICES; OR (E) THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE OR PROVIDE ANY HEALTH, BEHAVIORAL, OR THERAPUETIC BENEFIT. YOUR USE OF THE SERVICES AND THE CONTENT IS SOLELY AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You shall defend, indemnify, and hold harmless PS, our affiliates and each of our and our affiliates’ respective employees, contractors, owners, directors, officers, licensors, suppliers, representatives, successors, and assigns from all liabilities, claims, judgments, awards, losses, damages, penalties, costs, and expenses, including reasonable attorneys’ fees and costs, that arise from or relate to: (a) your use or misuse of, or access to, any of the Services, Content, or otherwise from your User Submissions or other materials or data you submit on or through the Services; (b) your breach of these Terms; (c) your fraud or your violation or alleged violation of any applicable federal, state, or local laws, rules and/or regulations; or (d) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. PS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with PS in asserting any available defenses.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PS, ITS AFFILIATES, NOR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS, CONTENT PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO OR RESULTING FROM THE USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR USER SUBMISSIONS), INCLUDING, WITHOUT LIMITATION, FOR ANY: (A) LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR YOUR RELIANCE ON THE SERVICES; (D) CLAIMS FOR PERSONAL INJURY, INCLUDING DEATH; OR (E) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER ARISING FROM OR RELATED TO MEDICAL SERVICES YOU MAY RECEIVE CONSEQUENT TO THE USE OF THE SERVICES. WE ARE NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY LICENSED MEDICAL PROFESSIONAL OR ANY OTHER PARTY.

When using the Services, information will be transmitted over media that are beyond the control and jurisdiction of PS and/or its vendors. PS assumes no liability whatsoever for or relating to any delay, unintended disclosure, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.

Any claims against PS arising in connection with your use of the Services must be brought against PS within one (1) year of the date of the event giving rise to such action.

International Use

PS makes no representation that the Services are appropriate or available for use in locations outside of the United States, and accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Governing Law

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Suffolk County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration or any court proceeding hereunder shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties’ consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of NY or in a state court in Suffolk County, New York. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this Section.

Integration and Severability

These Terms, the Privacy Policy, and any other policy or agreement referenced herein, constitute the entire agreement between you and PS with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and PS with respect to the Services . If any provision of these Terms is found to be unenforceable or invalid by a court or arbitrator of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right or remedy provided for herein shall not be deemed a waiver of any further rights or remedies hereunder.

Miscellaneous

PS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PS’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with PS’s prior written consent. PS may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. Our licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms except, if applicable, a party to an applicable benefit agreement. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service, to your most recent address or email address provided to PelvicSense Inc, or to PelvicSense at:

PelvicSense Inc., 24 Collingswood Drive, Sag Harbor, NY 11963, [email protected]

Changes to Terms

We reserve the right, at our discretion, to modify, replace, update, or change any of these Terms or modify, replace, update, upgrade, change, suspend, delete, or discontinue the Services or any portion of the Services (including without limitation, the availability of any feature, database, or content) at any time and for any reason. PS shall not be liable to you for any such modification, replacement, suspension, or discontinuation of your rights to access and use the Services. However, if we make any material changes to these Terms, we will notify registered users by e-mail, post a notice on our home page, and/or alert you to such changes by other similar means. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. By continuing to use the Services, you agree to and accept all such revisions.

Contact

You may contact PelvicSense at the following address: PelvicSense Inc., 24 Collingswood Drive, Sag Harbor, NY 11963, [email protected]

Effective and last updated: January 18, 2021.

PelvicSense Privacy Policy

Effective and last updated on January 18, 2021.

PelvicSense Inc. (“PelvicSense”, “us”, “we”, or “our”) knows that you care about how your personal information is collected, used, processed, and shared, and we take your privacy seriously. We are committed to protecting and respecting your privacy through our compliance with this policy.

When we refer to “you” or “your” or similar terms, we are referring to you as a user of our Services (as defined below).

This policy describes the types of information we may collect or that you may provide when you visit, purchase, download, install, register with, access, or use the websites, including www.pelvicsense.com (the “Websites”), and the future mobile device applications (“Apps”) owned and operated by us, and our practices for collecting, using, maintaining, protecting, processing, and disclosing that information. We may refer to the Websites and the Apps collectively as the “Sites”. We refer to the information and services made available through the Websites and the Apps, including information communicated through messages, text, and email, collectively as the “Services”.

This policy DOES NOT apply to information that you provide to or is collected by any third party (see Ads, Analytics, and Third-Party Information Collection).

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not accept our policies and practices, do not access, download, register with, purchase, or use the Sites or Services. This policy is incorporated into and made a part of our terms of use (https://www.pelvicsense.com/terms) (“Terms of Use”). By visiting, accessing, downloading, purchasing, registering for, or using the Sites or Services, you consent to our use, processing, and sharing of your information as described in this policy. You may withdraw your consent to such use, processing, and sharing at any time by contacting us at [email protected], in which case we will delete your account pursuant to such request (see Your Choices About Our Collection, Use, and Disclosure of Your Information).

For more information about your rights and choices with respect to your information, please see Your Rights to Access, Modify, and Erase Personal Information and Your Choices About Our Collection, Use, and Disclosure of Your Information.

This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Sites and Services after we revise this policy means you accept those changes, so please check this policy periodically for updates.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

We collect the following information from and about users of our Sites and other Services:

Information You Provide to Us

When you visit, download, register with, subscribe to, purchase, access, or use the Websites, Apps, or other Services, we may ask you to provide (or if not required, you may choose to provide) information:

By which you may be personally identified, such as your name, date of birth, home or business postal address, city or town, email address, telephone number, videos, photos, stories, GIFs, personal information of individuals for whom you purchase gift subscriptions or refer to our Sites or other Services, usernames, passwords, medical conditions, other health information (including illnesses, symptoms, treatments, and feelings about your medical conditions and/or yourself), any other identifier by which you may be contacted online or offline, and other data that you provide when using our Sites or the other Services (collectively, “personal information”).

This information includes:

Information provided by you at the time of registering to use the Sites or subscribing to or purchasing our Services and requesting further services.
Information that you provide by filling in forms on, answering questions, using chats, and participating in online or virtual question and answer sessions through the Websites or in the Apps.
Information when you report a problem with the Services.
Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
Your responses to surveys that we might ask you to complete, which you choose to complete.
Details of purchases you make through the Sites and of the fulfillment of your purchases of products and services. You may be required to provide financial information before purchasing goods or services through the Sites.

Information Shared Through PelvicSense Online Communities

PS’s Websites and future Apps feature programs that offer online and virtual group discussions and question and answer sessions facilitated by both licensed professionals and professionals who are not licensed (collectively, “Virtual Group Programs”). Users participate in Virtual Group Programs through virtual communication methods that may permit your voice or likeness to be shared with PS facilitators and other Site users, including video and audio conference calls and virtual meetings. Virtual Group Programs are intended to provide users with an opportunity to discuss topics related to chronic pelvic pain management and related topics such as support and suggested resources for further exploration. Accordingly, users of Virtual Group Programs will likely share or discuss their personal experiences during such programs. You choose and control whether to participate in Virtual Group Programs and what, if any, information (including personal information) you share in any Virtual Group Programs (collectively, “User Program Contributions”). Certain Virtual Group Program sessions may be recorded by PS and made available elsewhere on the Site. PS will give advance notice of which sessions will be recorded, and you may choose to participate or not. By participating in any Virtual Group Program, you consent to such recording and transmission, distribution, performance, and display by PS on its Sites.

User Program Contributions are considered public, non-confidential Public Submissions (as defined in our Terms of Use at https://www.pelvicsense.com/terms). Although our Terms of Use (https://www.pelvicsense.com/terms) requests users of Virtual Group Programs not to share or disclose other’s User Program Contributions, including personal information, without their permission, please be aware that we cannot control the actions of other users of the Services and third parties with whom you may choose to share your User Program Contributions. Therefore, we cannot and do not guarantee that your User Program Contributions, including personal information, will be kept private, nor viewed or used by unauthorized persons, nor used for unauthorized purposes, including for purposes of contacting you.

PS may also feature online message boards, chats, or other forums through the Sites and other Services, including through our Facebook page, groups, and communities (collectively, “Public Forums”). Users may choose to share personal information through Public Submissions, including comments, questions and answers, posts, messages, and other similar methods on or through the Public Forums. All User Submissions (as defined in our Terms of Use at https://www.pelvicsense.com/terms), including personal information, you share through our Public Forums are public and not private and are shared with and transmitted to others at your own risk.

Notwithstanding the foregoing, User Submissions you share with PS solely through non-public Services (e.g., chatbots, email, text messages, private Facebook Groups and phone calls with PS) will not be shared by PS except in compliance with this Privacy Policy; provided, that if you also share such information through any Public Forum, including through Virtual Group Programs or Facebook, such information will be considered Public Submissions.

Automatically Collected Information and Online Tracking

When you visit, download, access, and use the Sites, we may use technology to automatically collect:

Usage Details. Certain details of your access to and use of the Sites, including traffic data, logs, the page or feature you requested, when you last used the Services, when you last updated your information, time and duration of your activities on the Sites, and other communication data and the resources that you access and use on or through the Sites.
Device Information. Information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
Stored Information and Files. Metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
Online Tracking. We do not collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking). We do not currently respond to browser “Do Not Track” signals sent from web browsers on our Websites or Apps.

Tracking Technologies

The technologies we use for automatically collected information may include:

Cookies. A cookie is a small data file placed on your device when you visit or access our Websites or Apps. Cookies enable us to recognize your browser or device and collect and store information about your use of the Services. It may be possible to refuse to accept cookies by activating the appropriate setting on your browser or device. However, if you select this setting, certain functionality or features of the Sites may be diminished or inoperable.
Web Beacons. Pages of the Sites and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to monitor activity and collect information such as counting users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).

Ads, Analytics, and Third-Party Information Collection

We partner with third-party analytics providers to help us collect statistical information about your use of the Sites and Services and traffic on the Sites. Five of the analytics providers we currently use are Google, Facebook, Kajabi, Mixpanel, and Lucky Orange. When you use the Sites or its content, these third parties may use automatic tracking technologies to collect information about you. We share your email addresses with these third-party providers for them to deliver the services we require of them. In addition, the information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. You may review Google’s privacy policy here: (https://policies.google.com/privacy), Facebook’s privacy policy here: (https://www.facebook.com/policy.php), Kajabi’s privacy policy here: https://kajabi.com/legal/privacy-policy/) Mixpanel’s privacy policy here: (https://mixpanel.com/legal/privacy-policy/), and Lucky Orange's privacy policy here: (https://www.luckyorange.com/privacy.php). For information about how you can opt out of receiving targeted advertising from third-party providers, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

We may also engage other third parties, such as web hosting and storage service providers, including Google, and payment processing provider, PayPal, to provide services to us so that we may provide the Sites and Services, and such service providers will have access to your personal information in connection with their provision of those services subject to each third party provider’s own terms of use and privacy policies.

Notwithstanding anything to the contrary in this policy, we do not control any third-party sites that you link to through our Sites. If you click a link to any third-party website or service, that third party may also transmit cookies to you or automatically collect tracking or other information about you. Before using such third-party sites or their services, you must review and accept the terms of use and privacy policies for those sites and services. We are not responsible or liable with respect to any third party sites, policies, or practices, including the availability, reliability, content, functions, performance, accuracy, legality, appropriateness, services, materials, or any other aspect of any third party sites. This policy governs only information collected on our Sites or through our Services. When you access any third party sites, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use and privacy policies that apply to such third party sites and release Curable and its affiliates and partners from any liability with respect to such third party sites.

COOKIES

What Is A Cookie?

“Cookies” are small data files that are stored on the hard drive of the device you use to view a website. Each device that accesses a Site is assigned a different cookie by PS.

Session cookies are specific to a particular visit and carry information as you view different pages within a Site. Session cookies expire and delete themselves automatically in a short period of time, e.g., when you leave the website or when you close your browser.

Persistent cookies enable us to recognize you when you visit a Site and remember your preferences. Persistent cookies are stored on your browser or mobile device until you choose to delete them, and otherwise typically delete themselves at expiration.

Third-party cookies are placed by someone other than PS and may gather browsing activity across multiple websites and sessions. They are usually persistent cookies and are stored until you delete them, or they expire based on the time period set in each third-party cookie.

“Web Beacons” (also referred to as clear gifs, pixel tags, and single-pixel gifs) are small electronic files embedded in a page of a website that permit us to monitor activity and collect information such as counting users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain Site content and verifying system and server integrity). Web beacons send back to its home server (which can belong to the host site, a network advertiser, or some other third party) information from your browser, such as the IP address, the URL of the page on which the Web Beacon is located, the type of browser that is accessing the site, and the ID number of any cookies on your computer previously placed by that server.

“Application SDKs” are mobile application third-party software development kits that are embedded in mobile applications. These app SDKs permit the collection of information about the app itself, activity in the app, and the device the application is running on.

Why We Use Cookies

We use cookies and other tracking technologies to recognize individual users when they access the Services, remember user preferences, keep track of users’ access to and use of the Services, track whether our emails opened and whether links are clicked, ensure that the Services are functioning properly, track and analyze usage and other trends, improve users’ experience on the Sites, and personalize the Services so that they are relevant to an individual user’s interests which may be inferred based on location, prior activity on the Sites, and other information that we or our partners may have about our users.

Curable Cookie Uses

The cookies used on the Sites are used for one of the following purposes:

Essential functionality. These cookies are essential to access some areas of the Sites and provide services that our users need on our Sites. For example, these cookies may enable us to identify registered users and ensure that they have access to content that is available only to registered users.
Important functionality. These cookies enable us to remember your preferences and choices you make on the Sites, such as your username, language, or the region you are in, and provide more personalized features. We may also use these cookies to provide services you have asked for, such as watching a video. These cookies are persistent cookies that will not have to be set again the next time you visit the website. The information these cookies collect cannot track your browsing activity on non-PelvicSense websites.
Performance and Analytics. These cookies enable us to analyze how visitors use the Sites and to monitor website performance. We use the information collected by these cookies to improve the performance of the Sites and our Services. All information these cookies collect are aggregated and do not collect information that identifies you.

Your Options for Managing Cookies

You can typically control the use of cookies at the individual browser level. Most browsers can be set to refuse all or some cookies, or to alert you when cookies are being sent. If you choose not to activate cookies or to later disable them, you can still visit and use our Sites and Services, but some parts of the Sites or their functionality or features may then be limited, inoperable, inaccessible, or not function properly.

In addition, certain third-party analytics or advertising networks, including Google, allow users to opt out of or customize preferences associated with your internet browsing.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information, to:

Provide you with the Websites and future Apps and their contents, features, and programs, the other Services, and any other information, products, or services that you request from us.
Improve, research, develop, or create new Websites, future Apps, or other Services.
Administer your account and subscriptions, including to give you notices about your account and payment plans.
Recognize you when you use the Sites, customize content for you that we think you might like based on your usage patterns, and deliver a more personalized experience when you use the Sites and other Services.
Process transactions.
Carry out our obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection.
Notify you when Site or other Service updates are available, and of changes to any products or services we offer or provide though any of them.
Contact you via phone, text, email, or other electronic means with newsletters, details of blog posts, and other communications, services, or features that are available on our Sites or through our other Services, that we think may be of interest to you or that we in our sole discretion determine is related to your usage (including User Submissions) of our Services.
Obtain your feedback about the Sites and other Services.
Respond to User Submissions.
Provide customer support.
Identify issues with the Sites and other Services.
Help make our communications more relevant, useful, interesting, or helpful to our users.
Help maintain the safety, security, and integrity of our Sites, other Services, databases, other technology assets, and business.
Investigate suspicious or unlawful activity or violations of our Terms of Use or community guidelines.
Obtain statistical behavior regarding usage patterns, trends, user behavior, preferences, and activity with respect to the Sites and other Services and for other testing and analysis related to the Sites and other Services.
Fulfill and enforce our terms and conditions.
Comply with our obligations to third parties.
Comply with judicial and administrative orders and other applicable law.
Fulfill any other purpose for which you provide personal information or for which you provide your consent.

PS shall have the right, but not the obligation, to record or monitor for quality assurance and training purposes all telephonic, e-mail, and other forms of communication, and to monitor or disclose in accordance with this policy any User Submissions and other communications made in, on, or through the Site or other Services. By visiting, accessing, downloading, purchasing, registering for, or using the Sites or Services or otherwise consenting to our Terms of Use, you consent to any such recording, saving, monitoring, or disclosure.

We may also use your information to contact you about our third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, you may unsubscribe from receiving those communications (please see Your Choices About Our Collection, Use, and Disclosure of Your Information).

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

User Program Contributions, including personal information, you choose to share through our Virtual Group Programs are available to the facilitators and other users of such Virtual Group Programs and may be available to our administrators, moderators, and other staff and are considered Public Submissions (as defined in our Terms of Use [link]). We cannot guarantee that User Program Contributions will not be shared by other users, used by unauthorized persons, or used for unauthorized purposes.

User Submissions that you share through any other Public Forum, including through our Facebook page, groups, and communities, are Public Submissions and are available to the general public and are not private.

User Submissions you share with PS solely through non-public Services (e.g., chatbots, email, text messages, and phone calls with PS) will not be shared by PS except in compliance with this Privacy Policy; provided, that if you also share such information through any Public Forum, including through Virtual Group Programs or Facebook, such information will be considered Public Submissions.

In addition, we may disclose personal information that we collect, or you provide:

To our subsidiaries and affiliates for our and their legitimate business purposes or to provide you with a product or service that you have requested, or to offer you services or products that we believe may be of interest to you.
To agents, contractors, service providers, and other third parties we use to provide our Services or support our business.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of PS’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by PS about users of our Sites and other Services is among the assets transferred.
To fulfill the purpose for which you provide it. For example, if you give us an email address to use the gift subscription feature of our Site, we will use that email address to transmit the contents of that email and your name and email address to the gift recipient.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce our rights arising from any contracts entered between you and us, including Site terms and conditions and for billing and collection.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PS, our affiliates, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection, detection, or suppression and credit risk reduction.
For any other purpose disclosed by us when you provide the information.
Except as provided in this policy with respect to third party information collection (see Ads, Analytics, and Third-Party Information Collection, we do not share your personal information with unaffiliated third parties without your prior consent, which you may withdraw at any time by sending an email to us at [email protected] (for more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information).

DATA SECURITY

We employ industry standard administrative, physical, and technical measures designed to safeguard and protect your personal information under our control from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and we suggest that you limit access to your computer and browser by signing off after you have finished accessing your PS account. We urge you to be careful about giving out information in public areas of the Sites like message boards. The information you share in public areas may be viewed by any user of the Sites.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure, and we cannot and do not guarantee the security or confidentiality of your personal information transmitted through any of our Sites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

We will make all legally required disclosures of any breach of your unencrypted, electronically stored “personal information” or “medical information” (as defined in applicable state statutes or other applicable laws on security breach notification). To the extent permitted by applicable laws, we will disclose any such breach to you via email or a conspicuous posting on your private profile on the Sites in the most expedient time practicable and without unreasonable delay, subject to and as consistent with (a) the legitimate needs of law enforcement, or (b) any measures necessary to determine the scope of the breach and restore the reasonable integrity of our data system.

If you have any questions about data security, you can contact us at [email protected].

YOUR RIGHTS TO ACCESS, MODIFY, AND ERASE PERSONAL INFORMATION

You can review, correct, and update personal information you have submitted when you registered with our Sites by visiting the settings option within the applicable Site’s main menu. You may also contact us to correct or update inaccurate information in your user account or profile by sending an email to us at [email protected]. We may retain a copy of the original or unrevised information in our records for a period of time. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or our Terms of Use.

You may request to receive your personal information by emailing us at [email protected]. PS will use commercially reasonable efforts to provide you access to your personal information within thirty (30) days of such request, but may not provide access under certain circumstances, including but not limited to instances where the information cannot legally be disclosed, where such access would compromise others’ privacy or other legal rights, where it would be unduly burdensome or expensive to provide such access as balanced against the risks to your privacy, or where the information is subject to confidentiality or proprietary restrictions.

Editing or deletion of personal information is handled in the following ways:

Personal information transmitted through User Submissions on or through Facebook Groups may be edited or deleted, without deleting your PS account, in accordance with Facebook’s terms of use and privacy policy. Your use of Facebook Groups constitutes the use of a third-party site and is subject in all respects to Facebook’s terms of use, privacy policy, and data retention and data sharing policies. PS does not control any functionality of the Facebook site generally or Facebook’s policies for editing or deleting posts and comments made on their site. Without limiting any of PS’s other rights under this privacy policy or the Terms of Use, in Facebook Groups that are facilitated by a PS admin. PS has the right but not the obligation to delete User Submissions that violate the guidelines of any Facebook Group, our Terms of Use, or applicable law, as determined by PS in its sole discretion.
Personal information contained in or transmitted through User Program Contributions (such as information shared during your participation in video conferences or calls that have already occurred via Virtual Group Programs) cannot be edited or deleted. User Submissions made in or through Virtual Group Programs are available to the PS facilitators and the other participants and are considered public, and question and answer sessions may be recorded and made available elsewhere on the Site.
Personal information contained in non-public User Submissions made directly to PS through email, phone, or text cannot be edited or deleted, but are not shared with third parties except in accordance with this policy.
Personal information you share with PS in response to its chatbots (e.g., information you submitted through the App regarding your experiences, health, and goals, etc.) may not be edited. Such personal information may be deleted by deleting your PS account by emailing us at [email protected] (see Your Choices About Our Collection, Use, and Disclosure of Your Information).

If you delete or edit your personal information as provided herein, copies may remain viewable in cached and archived pages, or might have been copied or stored by other Site users, and complete removal of all traces of personal information is not guaranteed. Proper access and use of information provided on or through the Sites, including User Submissions, is governed by our Terms of Use.

YOUR CHOICES ABOUT OUR COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

Tracking Technologies. Most browsers can be set to refuse all or some cookies, or to alert you when cookies are being sent. Such changes to browser settings must be made to each browser used to access the Site or other Services. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Sites or their functionality or features may then be limited, inoperable, inaccessible, or not function properly.
Promotion by PS. All promotional emails that we send with opportunities from us, our affiliates, our sponsors, or third parties will contain an opportunity to unsubscribe from getting additional emails of that type in the future from us. If you do not want us to use your email address or other contact information to promote our own or third parties’ products or services in the future, click the “Unsubscribe” link contained in the emails and follow the directions to indicate this preference, or make a request by emailing us at [email protected]. Please note that if you do not want to receive legal notices from us, such as this policy, those legal notices will still govern your use of the Sites and other Services, and you are responsible for reviewing such legal notices for changes. We will process your request to unsubscribe within a reasonable time, but you may receive additional emails until your request is processed.
Deletion of Account. You may at any time request to remove or delete your personal information from our system or withdraw your consent to our use, sharing, and processing of your personal information as described in this policy (although a withdrawal of consent shall not affect the lawfulness of processing your personal information at any time prior to the date of such withdrawal and is subject to the other terms of this policy). If you wish to remove or delete your personal information or withdraw your consent, you may request deletion of your account with us by sending an email to [email protected]. We will process your request within a reasonable time, but you may continue to receive communications from us until your request has been processed. Some information may remain in our records after deletion of your account, including any information or records that we are legally obligated to retain and as described in Your Rights to Access, Modify, and Erase Personal Information. In addition, deletion of your account does not affect Public Submissions and personal information others may have about you, including copies of posts, messages, or other User Submissions to or from you.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

RETENTION OF PERSONAL INFORMATION

We will retain the personal information we receive from you as described in this policy for as long as you use the Sites or other Services or as long as necessary to fulfill the purposes for which such personal information was collected, to provide our Services, to resolve disputes and prepare for, defend against, and otherwise conduct any legal action or process, to conduct audits, to pursue our legitimate business purposes, to enforce or comply with contracts, and to comply with applicable laws.

CHILDREN UNDER THE AGE OF 18

The Sites and Services are not designed or intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If you are under the age of 18, you may not create an account through, and must not use, our Sites or other Services. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that user’s account. If you believe we might have any information from or about a child under 18, please contact us at [email protected].

LOCATION OF DATA

PS and our (or our service providers’) servers containing personal information are located in the United States. If you are located outside of the United States, your personal information must be transferred or transmitted to the United States for storage and processing in compliance with this policy. By using our Sites and other Services, you consent to such collection, storage, and processing in the United States. Please be advised that the United States or such other countries may not afford the same level of data protection as is required in your own country. Pursuant to legal process made in the United States, your personal information may be available to the United States government or its agencies.

ADDITIONAL INFORMATION SOLELY FOR USERS LOCATED IN THE EU OR A EUROPEAN ECONOMIC AREA

We collect, use, process, and share your personal information as described in this policy. Our legal bases to process your information include (a) carrying out our legitimate interests in providing, maintaining, and improving the Sites and other Services, (b) performing any contractual obligations under the Terms of Use or under contracts entered into between you and us, (c) complying with applicable law, (d) fulfilling our obligations to our service providers and partners, and (e) where you have consented to the processing, which consent you can withdraw at any time by requesting to delete your PS account, subject to the other terms of this policy (although a withdrawal of consent shall not affect the lawfulness of processing your personal information at any time prior to the date of such withdrawal) (see Your Choices About Our Collection, Use, and Disclosure of Your Information). Notwithstanding any other terms of this policy, where the EU General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”) requires our compliance with applicable provisions thereof, we will undertake commercially reasonable efforts to comply with all lawful requests made pursuant to and in accordance with the GDPR, as it may be amended from time to time.

If you are a user of Services who is located in an EU member state or a European Economic Area, you may contact us at [email protected] to inquire whether we are processing your personal information. You may request that PS cease processing your personal information by emailing us a request at [email protected], in which case PS will delete your account pursuant to such request (see Your Choices About Our Collection, Use, and Disclosure of Your Information).

If you are a user of Services who is located in an EU member state or a European Economic Area and you believe that we have not complied with applicable data protection laws, you may file a complaint with your local supervisory authority.

CHANGES TO OUR PRIVACY POLICY

We may update our privacy policy, our Sites, and our other Services from time to time in our sole discretion. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated or by sending you an email to the email address specified in your account with us. By continuing to use our Sites or other Services, you agree to the most recent privacy policy and Terms of Use. If you do not accept the terms of this privacy policy, do not register with us or access, download, purchase, subscribe to, or use the Sites or Services. We recommend that you check this page from time to time for the latest information on our privacy practices.

The date the privacy policy was last revised is identified at the top of the page.

CONTACT INFORMATION

If you have any questions or concerns regarding privacy on our Sites or with respect to our Services, please send us a detailed email to [email protected] or contact us at the address below:

PelvicSense Inc. 24 Collingswood Drive, Sag Harbor, NY 11963

Important Legal Information:

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