Last Updated: August 21, 2024

These Terms of Use (“Terms”) are entered into by and between you and Women’s Health Platform, Inc. dba Era Institute ("Era Institute," "we," “our” or "us") and govern your access to and use of www.erawomenshealth.com and any other website that links to these Terms (each a “Website”), including any content, functionality, and services offered on or through the Website.

These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

Please read these Terms carefully. By using the Website, or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, do not use the Website. 

1. Privacy

Please review our Privacy Policy for information about how we collect and use your personal information.

2. Changes to these Terms

We may revise and update these Terms from time to time in our sole discretion. Any changes to these Terms are effective upon posting to the Website, and your continued use after a change has been posted constitutes your acceptance of the changes unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. We encourage you to review these Terms regularly to determine if any changes have been made.

3. Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or current. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

4. Ownership of the Website and Content

The Website and all information and content included on the Website are the exclusive property of Era Institute or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

5. Trademarks 

The Era Institute name, logo, and all related names, logos, product and service names, designs, and slogans (including the Era Women’s Health name, logo, and other marks) are trademarks of Era Institute or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

6. Your Use of the Website

These Terms permit you to access and use the Website for your personal, non-commercial use only. You agree not to (a) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or reverse-engineer the Website or any of the material on the Website, (b) use materials, products or services available on the Website in violation of any law, (c) impersonate or attempt to impersonate Era Institute, any Era Institute employee or any other person or entity (including, without limitation, by using email addresses associated with Era Institute, or (d) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined in our sole discretion, may harm Era Institute or other users of the Website or expose them to liability.

Additionally, you agree not to, or permit or direct any other person to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website are stored, or any server, computer, or database connected to the Website. 
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or otherwise engaged in conduct in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. 

7. Termination

We have the right to terminate or suspend your access to all or part of the Website at any time for any reason without notice.

8. Linking to the Website

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

9. Links from the Website

If the Website contains links to third-party sites or resources, these links are provided for your convenience only. We do not control or endorse these third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. Disclaimer of Warranties

The Website and the information and content on the website is provided for general informational purposes only on an "as is," "as available" basis. you agree that use of the Website is at your sole risk. Era Institute, its affiliates, and its or their licensors, service providers, employees, agents, officers, and directors disclaim all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the accuracy, completeness, or usefulness of any content or information on the Website. To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. If this is the case, your sole and exclusive remedy relating to your use of the Website shall be to discontinue using the Website.

11. Limitation on Liability

To the maximum extent permitted by law, in no event will Era Institute, its affiliates, or its or their licensors, service providers, employees, agents, officers, or directors be liable for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any website linked to it, any content on the Website or such other websites, even if advised of the possibility of such damages. your sole remedy for dissatisfaction with the Website and/or content shall be to discontinue using the Website.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion or limitation of certain damages. If these laws apply to you, the foregoing exclusions or limitations that directly conflict with such laws may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Era Institute, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including any use of the Website content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

13. Dispute Resolution and Binding Arbitration

You and Era Institute are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of services or products through the site, will be resolved exclusively and finally by binding arbitration.

You agree to an arbitration on an individual basis. In any dispute, neither you nor Era Institute will be entitled to join or consolidate claims by or against other customers in court or arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You may opt out of this arbitration agreement by providing written notice to us by email at membership@erawomenshealth.com within 60 days of entering into these Terms.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

14. Governing Law

You agree that the laws of the state of California will govern these Terms and any dispute that may arise between you and Era Institute or its affiliates related to your use of the Website, without regard to conflicts of laws provisions. 

15. Waiver and Severability

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. 

16. Geographic Restrictions

Era Institute is based in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17. Entire Agreement

These Terms constitute the sole and entire agreement between you and Era Institute regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

18. Contact Us

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: membership@erawomenshealth.com.

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