Terms & Condition

MyNestwell Terms & Conditions

Effective April 15, 2019

Please read these Terms & Conditions carefully, as the contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.

The MyNestwell website provides general health and wellness information. The MyNestwell Services do not replace your relationship with any practitioner or service, and MyNestwell, itself or through its services, does not provide medical or health advice, care, diagnosis, or treatment.

The MyNestwell, LLC. (“MyNestwell”) website allows users to obtain educational materials pertaining to health and wellness, receive information about MyNestwell (including e-mail newsletters and updates), interact with subscribers, licensees, and other members or visitors to the MyNestwell website, and pay for services offered by MyNestwell. The services (“MyNestwell Services”) offered by MyNestwell include, but are not limited to those detailed on www.myMyNestwell.com (the “Website”), which is hosted in the United States.

These Terms & Conditions (“Terms of Service”) set forth the legally binding terms for your use of the MyNestwell Services. By using the MyNestwell Services, you agree to be bound by these Terms of Service, whether you are “Visitor,” “Member,” or “Provider.”

You are a “Visitor” if you simply browse the MyNestwell website.

You are a “Member” if you have registered with MyNestwell and/or purchased one or more MyNestwell Services.

You are a “Provider” if you have registered with MyNestwell and/or purchased one or more MyNestwell Subscriptions as a maternal wellness provider.

The term “User” refers to Visitor or a Member. The term “Provider” refers to a Provider.

You are only authorized to use the MyNestwell Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read this Terms of Service carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the MyNestwell Services immediately. If you wish to become a Member or Provider, you must read these Terms of Service and indicate your acceptance during the registration process.

MyNestwell Services

The MyNestwell Services include, but are not limited to, educational materials, newsletters, and information provided on or by the Website, educational classes, seminars, and group sessions, electronic (web-based or mobile), video, or audio educational communications, community events, and connecting the network of Visitors, Members, Providers, and Professionals (the “Community”). The Services also include Provider membership subscriptions for public Provider profiles.

MyNestwell Providers

The healthcare or wellness providers or specialists utilizing or featured on the Website or involved in the MyNestwell Services (the “Providers”) are not employees of MyNestwell. Any opinions, advice, or information expressed by a Provider using or featured on the Website or during a Service are of the Provider alone. MyNestwell does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Website or by a licensee of MyNestwell.

The inclusion of Providers on the Website or in any Provider directory located on the Website does not imply recommendation or endorsement of such Provider nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Provider contained therein.

MyNestwell shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Member or Visitor) in reliance on information about or from any Providers on the Website. The use of the Website by any entity or individual to verify the credentials of Providers is prohibited.

Though MyNestwell has evaluated each MyNestwell Provider’s credentials, we encourage all Users to do the same independently. When applicable, all Providers are nationally board-certified, state licensed, and independently insured. Any issue, warranty, or claim by a User must directly address the offending Providers.

Terms of Use Your Acceptance

By using and/or visiting the Website, you signify your agreement to these Terms of Service, as well as MyNestwell’s Privacy Policy (found at www.myMyNestwell.com/privacy and incorporated herein by reference). If you do not agree to any of these terms or the MyNestwell Privacy Policy please do not use the Website.

Although MyNestwell may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version, which will always be posted at www.myMyNestwell.com/terms. MyNestwell may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

MyNestwell Website

These Terms of Service apply to all Users and Providers of the Website. The Website may contain links to third party websites that are not owned or controlled by MyNestwell. MyNestwell has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, including privacy and data gathering practices. In addition, MyNestwell will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve and release MyNestwell from any and all liability arising from your use of any third party website.

Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit. Upon leaving the Website these Terms of Service shall no longer govern.

Security Statement

MyNestwell makes every effort to ensure that all of the transactions that occur on the Website are secure. All credit card numbers and transactions are submitted using via WordPress using Stripe. MyNestwell is concerned about safeguarding the confidentiality of your information. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

General Terms

Eligibility

Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. By using the MyNestwell Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.

Term

These Terms of Service shall remain in full force and effect while you use the MyNestwell Services. You may terminate your usage at any time, for any reason. MyNestwell may terminate User or Provider accounts at any time, without warning, if you breach these Terms of Service. Even after your account is terminated, these Terms of Service will remain in effect.

Fees

You acknowledge that MyNestwell charges fees for some of its Services, such as its Provider membership subscriptions, community events, and premium educational content. MyNestwell reserves the right to change its fees from time to time in its discretion. If MyNestwell terminates a Provider membership subscription because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

Events

The Facilities

The physical location of where the MyNestwell Community Events take place (the “Facility”), are owned and operated by an affiliate of MyNestwell. MyNestwell does not own or operate the Facility and is not liable for the condition, maintenance, or liabilities of the Facility.

Community Event Presenters

The Community Event Instructors (“Event Instructors”) are not agents of MyNestwell and are not authorized to make any representation, contract, or commitment on behalf of MyNestwell. Event Instructors will choose the manner and means to perform the Events.

Educational Purposes Only

The Community Events are provided for informational purposes only and will not serve to diagnose or treat any of my medical conditions or symptoms. Your attendance or participation in a Community Event does not create a provider-patient relationship between you and the Event Instructors or between you and MyNestwell. As such, neither the Event Instructors nor MyNestwell will have any responsibility for your current or ongoing medical care or treatment.

Community Event Waiver and Release

By signing up for and/or attending Community Events of MyNestwell and utilizing the Facility of MyNestwell’s affiliates, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in participating in physical activities during pregnancy. You have read and thoroughly understand the MyNestwell Community Event Waiver, Agreement, and Release Form, an electronic copy of which was provided to you upon registering for the Community Event. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by the Event Instructor. If in the subjective opinion of the Event Instructors, you would be at physical risk participating in

MyNestwell’s Community Event, you understand and agree that you may be denied access to the Community Event and the Facility.

In consideration of being allowed to participate in the Community Event and access to the Facility, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Community Event and Facility, (2) release, indemnify, and hold harmless MyNestwell, its direct and indirect parent, affiliate entities, and each of their respective officers, directors, members, employees, representatives, and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Community Event or use of the Facility, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly participating in any of MyNestwell’s Community Events, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical activity. You acknowledge that if you have any chronic disabilities or conditions, you may be at risk in participating in MyNestwell’s Community Events and should not participate.

General Use of the Website — Permissions and Restrictions

MyNestwell hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the website, without MyNestwell’s prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies.

You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations. MyNestwell reserves the right to discontinue any aspect of the Website at any time.

Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to MyNestwell, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MyNestwell reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the MyNestwell Services, provided by you to MyNestwell are non-confidential and shall become the sole property of MyNestwell. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

Trademarks

“MyNestwell” and the “MyNestwell” logo and other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names or trade dress of MyNestwell in the U.S. and/or other countries and applications are pending. MyNestwell’s trademarks and trade dress may not be used,

including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MyNestwell.

Mobile Services

The MyNestwell Services may include certain services that may be available via your mobile phone, including, but not limited to (i) the ability to book and/or purchase MyNestwell Services via your mobile phone, (ii) the ability to receive and reply to MyNestwell messages, and (iii) the ability to browse the Website from your mobile phone (collectively the “Mobile Services”). MyNestwell does not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services or providing MyNestwell with your mobile device number, you agree that we may communicate with you regarding MyNestwell and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Electronic Communications

When you visit the Website or communicate with MyNestwell via email or mobile messaging (“Texting”) you are communicating electronically. By accessing the Website and partaking in any of MyNestwell’s Services you consent to receive communications from MyNestwell electronically. MyNestwell will communicate with you by email, Texting or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that MyNestwell provides electronically satisfy any legal requirement that such communications be in writing. If you provide your mobile number to MyNestwell, you understand and agree that standard data and message rates based on your carrier may apply.

Automatically Collected Information

The Website and/or the Mobile Services may collect some anonymous information about Users and Members automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help MyNestwell monitor how individuals use the Website and the Mobile Services, which allows MyNestwell to provide an optimal experience and better service throughout the MyNestwell Services. The information collected automatically does not contain anything that can identify individuals personally, such as an email or home address.

Account Termination Policy

MyNestwell will terminate a User’s or Provider’s access to its Website and/or the MyNestwell Services if, under appropriate circumstances, they are determined to be a repeat infringer of this Terms of Service, the Privacy Policy or any other policy of MyNestwell.

Disclaimer

Content and other information contained on the Website is provided by MyNestwell as a convenience. Users relying on Content or other information from the Website do so at their own risk.

You agree that your use of the MyNestwell Website shall be at your sole risk. To the fullest extent permitted by law, MyNestwell, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. MyNestwell makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or death or property damage, of any nature whatsoever, resulting from your access to and use of our Website or from the conduct of any Users or Providers of the MyNestwell Services, whether online or offline, (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information store therin, (IV) any interruption or cessation of transmission to or from our Website, (V) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the MyNestwell Website.

From time to time, MyNestwell may choose to partner with, promote, become an affiliate of, or otherwise engage in a joint venture with another individual or company whom we feel aligns with our Services. You understand that should an affiliate or joint venture program be featured on our Website, we may receive financial compensation or other payment as a result.

MyNestwell does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the MyNestwell Website or any hyperlinked website featured in any banner or other advertising, and MyNestwell will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers or products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate. The MyNestwell Services are provided “as is” and “as available” and MyNestwell expressly disclaims any warranty of fitness for a particular purpose or

non-infringement. MyNestwell cannot guarantee and does not promise any specific results from use of the MyNestwell Services.

Although we have spent considerable time and effort in creating the the content provided on the MyNestwell Website, you understand and acknowledge that we are not responsible nor liable for any errors, omissions, or liability as a result of any loss or damages incurred as a direct or indirect result of your use of Website or our products. You also understand there may be inadvertent typographical errors or inaccuracies. By your use of this Website, you acknowledge and understand this information, and agree you have chosen/will choose to utilize our Website and/or our products voluntarily. You agree that we are not responsible for the accuracy of our Website, or for any errors or omissions that may occur on the site or in our products.

Similarly, you understand your obligation to provide only authentic, accurate information to us, including your name, email address, and payment information, should you choose to purchase a MyNestwell Service. You understand and agree that should any information provided prove inaccurate, and any issues or damages arise from your giving us false or inaccurate information, you may be liable for any subsequent damages that occur as a result.

Reviews & Testimonials

The MyNestwell Website may feature reviews and testimonials from Users and Providers, in order to provide readers with additional comments from others’ experiences with the MyNestwell Website, and products or services.

As a User submitting a Review, you understand and agree that you are indeed a client of the Provider under review, sharing your real and honest opinions of and experiences with the Provider. If it is revealed that you are not a factual client of the Provider in question, your Review is subject to deletion and your User account is subject to termination.

As a User reading Reviews, you understand and agree that while we try to ensure that all information and Reviews are from actual Provider clients, sharing their real, honest opinions of and experiences with the Provider, these Reviews and testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a Review on our Website, you do not expect the same results, and understand this information is not a guarantee.

As a User or Provider reading Testimonials, you understand that while all information, photos, and quotes used are from actual Users and Providers, sharing their real, honest opinions of MyNestwell Website and Services, these testimonials are not to be considered as a guarantee that current or future Users and Providers will experience the same results, or a guarantee that all Users and Providers will have the same experience. You understand and agree that by reading a testimonial on our Website, you do not expect the same results, and understand this information is not a guarantee.

Limitation of Liability

In no event shall MyNestwell, its officers, directors, employees, or agents, be liable to your for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, resulting from any (I) errors, mistables, or inaccuracies of content, your access to an use of our Website (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (III) any unauthorized access to or use of our secure services and/or any and all personal information and/ or financial information stored therein, (IV) any interruption or cessation of transmission to or from our Website, (V) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or (VI) any errors or omissions in any content of for any loss or damage of any kind incurred as a results of your use of any content posted, emailed, transmitted, or otherwise made available via the MyNestwell Website, whether based on warranty, contract, tort, and any other legal theory, and whether or not the company is advised of the the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that MyNestwell shall not be liable for User submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Website is controlled and offered by MyNestwell from its facilities in the United States of America. MyNestwell makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify, and hold harmless MyNestwell, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and

access to the Website or your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MyNestwell without restriction.

Governing Law; Venue and Jurisdiction

You agree that: (i) the MyNestwell website shall be deemed solely based in New York; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over MyNestwell, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and MyNestwell that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Westchester County, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.

These Terms of Service, together with the Privacy Policy (located at www.MyNestwell.com/privacy) and any other legal notices published by MyNestwell on the Website shall constitute the entire agreement between you and MyNestwell concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MyNestwell’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MyNestwell reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the MyNestwell website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You and MyNestwell agree that any cause of action arising out of or related the the MyNestwell Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Remedies

You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause MyNestwell irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to MyNestwell obtaining any injunctive or equitable relief that MyNestwell deems necessary or appropriate. These remedies are in addition to any other remedies MyNestwell may have at law or in equity.

No Agency Relationship

Neither these Terms of Service, nor any Content, materials or features of the Website create any partnership, joint venture, employment, or other agency relationship between MyNestwell and you. You may not enter into any contract on MyNestwell’s behalf or bind MyNestwell in any way.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the MyNestwell Services, provided by you to MyNestwell are

non-confidential and shall become the sole property of MyNestwell. MyNestwell shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Entire Agreement

These Terms of Service and other policies MyNestwell may post on the Website or that you and MyNestwell may execute constitute the entire agreement between MyNestwell and you in connection with your use of the Website and supersedes any prior agreements between MyNestwell and you regarding use of the Website, including prior versions of these Terms of Service.

Questions

Please contact us at: hello@mynestwell.com with any questions regarding these Terms of Service.