Terms of Use

By using our program and website, you agree to the following Terms of Use in their entirety.  If you do not agree to all of these Terms of Use, do not use this site or our product.

Medical-Related Disclaimer

The contents and other material contained in our product and on our website, including information, software, text, graphics and images and the arrangement thereof (collectively, “Content”) are for informational purposes only and are not a substitute for professional medical advice or treatment. This Content is not designed to replace, substitute, or delay medical advice from your doctor.   The information contained in this product and website is not intended and must not be taken to be the provision or practice of medical advice or services nor a substitute for medical advice, diagnosis or treatment.  If you have questions or concerns about your health or fertility, or would like more information, contact your doctor.  Always seek the advice of your doctor or other qualified health professional before starting or changing any treatment.

Auditory Product Guidelines

Because our product is designed to illicit deep relaxation, it is advisable to listen to the product while lying down or reclining with your eyes closed.  You should NOT listen to the product while driving an automobile, operating any kind of machinery, or any other activity that may cause bodily harm to yourself or to others.
Our guided visualization exercises contain Content that assumes that you are successful at conception to help guide you from a mind/body perspective. Circle + Bloom expressly disclaims any and all guarantees, warranties and representations as to the results that may be obtained from use of the Content, including increasing your chances of pregnancy in any way.  We understand that the infertility process can be very upsetting and stressful and if you are concerned about your reaction to the exercise of assuming that you have achieved pregnancy and then not actually becoming successful at conception, then you should not use our Content.

Limited License

All Content are copyright © 2009 Circle + Bloom, LLC. ALL RIGHTS RESERVED. Circle + Bloom or its suppliers or licensors own and retain other proprietary rights in all Content available through this site.  Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Circle + Bloom or the respective copyright owner. Permission is granted to display, copy, and download the Content for your personal, noncommercial, and informational use only; provided that you may not, without the permission of Circle + Bloom or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media, (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (a) any sale, resale, or commercial use of the Content, or services obtained through this site; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted in this section, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Circle and Bloom or any third party.
Circle + Bloom hereby authorizes you to listen, download, and print Content published by on the Circle + Bloom website solely for personal, non-public, and non-commercial use.  No other use of the information is authorized without prior written permission of Circle + Bloom.

Disclaimer

IN NO EVENT SHALL CIRCLE & BLOOM OR ANY OTHER PARTIES INVOLVED IN THE CREATION OR DELIVERY OF THIS CONTENT BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF THIS CONTENT, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THE LICENSE TERMS ACCOMPANYING ANY DOWNLOADED MATERIAL, CIRCLE & BLOOM AND THE OTHER PARTIES INVOLVED IN THE CREATION OR DELIVERY OF THIS WEBSITE & PROGRAM SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THE LICENSE TERMS ACCOMPANYING ANY DOWNLOADED MATERIAL, THE INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND NEITHER CIRCLE & BLOOM OR ANY OTHER PARTIES INVOLVED IN THE CREATION OR DELIVERY OF THIS WEBSITE, PROGRAM OR CONTENT HAVE ANY OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS OR MODIFICATIONS, OR ANY OTHER RESPONSIBILITY WHATSOEVER TO DEFEND OR INDEMNIFY AGAINST CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHTS, TRADE SECRETS, PATENTS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS; THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF SUCH MATERIALS IS WITH THE USER.
Circle + Bloom does not warrant the accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, merchandise or other information provided through this website. Circle + Bloom will not be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided in this guide.  Although this information has been designed with guidance and counsel from multiple medical professionals, our programs should not be thought of as supplemental to any treatment, advice or regimen that you are currently undertaking under professional guidance.  Please discuss all treatments with your medical professional.
In no event shall Circle + Bloom or any other parties involved in the creation or delivery of the Content be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this Content, or sites accessed through this website, and/or content or information provided herein. Your sole and exclusive remedy for dissatisfaction with the service is to stop using the Content.  CIRCLE + BLOOM, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THE CONTENT SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT IN ANY EVENT TO EXCEED THE AMOUNT PAID BY YOU FOR THE CONTENT.
Circle + Bloom will not be liable in any amount for failure to perform any obligation under these Terms of Use if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.
Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
The terms of this section survive any termination of the Terms of Use.

Indemnification

You agree to indemnify and hold harmless Circle + Bloom, its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Content, your violation of these Terms of Use, or your violation of any rights of a third party.
The terms of this section survive any termination of the Terms of Use.

Changes to the Content

Circle + Bloom may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Content or any products available through the site, temporarily or permanently, including the availability of any features of the site or access to any parts of the site, at any time without notice to you, and you agree that Circle + Bloom shall not be liable therefore.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the State of New Jersey, without respect to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms of Use or your use of the Content shall be filed only in the Superior Court of Essex County, New Jersey, or the United States District Court for New Jersey, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms of Use.
The terms of this section survive any termination of the Terms of Use.

Termination

Notwithstanding any of these Terms of Use, Circle + Bloom reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Content and to block or prevent future access to and use of the Content. You agree that Circle + Bloom shall not be liable for any termination of your use of or access to the Content.

Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms of Use.

General

The Terms of Use constitute the entire agreement between Circle + Bloom and you with respect to your use of the Content. Any cause of action you may have with respect to the Content must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Circle + Bloom to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
Nothing in these Terms of Use will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Circle + Bloom, and you do not have any authority to create any obligation or make any representation on Circle + Bloom’s behalf. You may not assign this agreement, by operation of law or otherwise, without Circle + Bloom’s prior written consent. Subject to the foregoing, these Terms of Use will be binding on, inure to the benefit of, and be enforceable against you and Circle + Bloom and their respective successors and assigns.
The terms of this section survive any termination of the Terms of Use.