Premium Membership
Updated and Effective as of 1 August 2022
This Premium Membership Terms of Service document (“Premium Membership TOS”) governs your access to and use of a “Membership Account” (as defined below) and Premium Membership Services (as defined below) provided by Future Family, Inc. (“FF”, “we”, “us”, or “our”). As used in this Premium Membership TOS, the terms “you” and “your” refer to the individuals who enroll with FF to establish a Membership Account and who purchase “Premium Membership Services”. To purchase the Premium Membership Services, you must enroll for a Membership Account with FF at www.futurefamily.com.
Please read these Premium Membership Terms of Service carefully before enrolling for a Membership Account and purchasing the Premium Membership Services. By purchasing Premium Membership, you agree to the Premium Membership Terms of Service and Privacy Policy. You also represent that you are of legal age to form a binding contract with FF and are not barred under any applicable laws from doing so. If you do not meet these requirements, you must not access or use the Premium Membership Services.
1. Description of Premium Membership Services
Premium Membership Services includes the following items upon payment of the Premium Membership Fee:
- Three months of support from a dedicated Fertility Coach (who are Registered Nurses with clinical backgrounds in fertility) and our payments and financing team, during your fertility treatment and procedure
- This support includes live video and phone coaching sessions with your Fertility Coach, as well as text and email support during the three-month membership term
- Your three-month membership also includes access to our fully trained financial counselors and payments team to help manage medical bills
2. Updates to the Premium Membership TOS
We may revise and update these Premium Membership TOS from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Premium Membership Services thereafter. Your continued use of the Premium Membership Services following the posting of revised Premium Membership TOS means that you accept and agree to the changes. As we will be continually improving the Premium Membership Services, you are expected to check this page each time you access the Premium Membership Services so you are aware of any changes, as they are binding on you.
3. Account Registration / Eligibility for Premium Membership
To become a member, you will have to have create Membership Account via the FF website at www.futurefamily.com and then sign up and pay the Premium Membership Fee as detailed in Section 4
You may use the Premium Membership Services only if you are 18 years or older and a resident of the United States. By registering for the Premium Membership Services, you confirm that you are 18 years or older and resident of the United States; if you are not 18 years or older or not a United States resident, do not access FF’s site and do not register for the Premium Membership Services. Those who choose to access and use our Premium Membership Services from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws. You may use the Premium Membership Services solely for your own personal, non-commercial use.
It is important that you provide us with accurate and complete information for your Premium Membership and update as needed. You are responsible for protecting your Membership Account username and password, and for all activities that occur under your Membership Account. You should immediately notify us of any unauthorized use of your Membership Account. You should use particular caution when accessing your Membership Account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your Membership Account or your personal information.
- You will be able to access your account and be able to schedule services and reach the support team via the digital dashboard (hosted at www.futurefamily.com)
4. Premium Membership Fee
FF charges a membership fee (the “Premium Membership Fee”) for the Premium Membership Services. The Premium Membership Fee is due at the time of purchase of Premium Membership Services.
FF accepts payment via the current payment method indicated at time of purchase, which may include credit card, debit card and any other form of payment that we make available to you from time to time. You agree to abide by any relevant terms of service or other legal agreement with any third party that governs your use of a given payment processing method. FF will charge your credit card, debit card, or other form of payment for Premium Membership Fee listed at the time of purchase of Premium Membership Services, along with any additional amounts relating to applicable taxes and bank fees.
YOU AUTHORIZE US TO CHARGE YOUR CHOSEN PAYMENT METHOD THE PREMIUM MEMBERSHIP FEE AT THE TIME OF PAYMENT. IF YOU CANCEL YOUR PREMIUM MEMBERSHIP SERVICES AND YOUR TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE PREMIUM MEMBERSHIP SERVICES UNTIL THE END OF THE THREE MONTH MEMBERSHIP TERM. YOU WON’T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE PREMIUM MEMBERSHIP FEE PAID FOR THE THEN-CURRENT PREMIUM MEMBERSHIP SERVICES PERIOD.
The Premium Membership Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Premium Membership Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Premium Membership Fee.
5. Free Trials and Other Promotions
IF WE OFFER A FREE TRIAL OR OTHER PROMOTION THAT PROVIDES PAID PREMIUM MEMBER-LEVEL ACCESS TO THE PREMIUM MEMBERSHIP SERVICES OR DISCOUNTS TO THE PRICE OF THE PREMIUM MEMBERSHIP FEE YOU MUST ENROLL FOR YOUR MEMBERSHIP ACCOUNT AND PURCHASE THE PREMIUM MEMBERSHIP SERVICES WITHIN THE TIME SPECIFIED IN THE PROMOTIONAL OFFER TO BE ELIGIBLE FOR THE FREE TRIAL OR PROMOTIONAL DISCOUNT. IF YOU DO NOT WISH TO CONTINUE YOUR PREMIUM MEMBERSHIP AFTER A TRIAL PERIOD, YOU MUST CANCEL YOUR TRIAL PREMIUM MEMBERSHIP BEFORE THE END OF THE TRIAL PERIOD IN ORDER TO AVOID BEING CHARGED THE PREMIUM MEMBERSHIP FEE, AS APPLICABLE. IF YOU CANCEL PRIOR TO THE END OF THE TRIAL PERIOD AND ARE INADVERTENTLY CHARGED FOR A PREMIUM MEMBERSHIP, PLEASE CONTACT US AT SUPPORT@FUTUREFAMILY. COM FOR A REFUND. IF YOU ENROLLED FOR YOUR MEMBERSHIP ACCOUNT AND PURCHASED THE PREMIUM MEMBERSHIP SERVICES DURING A PROMOTIONAL PERIOD, AND YOU BELIEVE YOU WERE NOT AWARDED THE PROMOTIONAL DISCOUNT IN ERROR, PLEASE CONTACT US AT SUPPORT@FUTUREFAMILY.COM FOR A REFUND.
6. Term and Termination of Your Premium Membership Account
The term of your Membership Account is for a period of three months from the date you enroll for your Membership Account (such date being your “Enrollment Date” and such term herein referred to as your “Premium Membership Term”).
If you wish to terminate your Membership Account and your use of Premium Membership Services, you can do so by contacting us via email at support@futurefamily.com. If you terminate your Membership Account, your Membership Account will remain active, and you will remain able to use the Premium Membership Services purchased, until the end of your Premium Membership Term. PLEASE NOTE THAT IF YOU TERMINATE YOUR MEMBERSHIP ACCOUNT YOU WILL NOT BE ENTITLED TO A REFUND OF THE PREMIUM MEMBERSHIP FEE.
We may terminate your Membership Account and your use of the Premium Membership Services at any time by sending notice to you at the email address associated with your Membership Account. We are not required to provide you with notice prior to terminating your Membership Account or your use of the Premium Membership Services. We are not required to provide you with a reason for such termination. If we terminate your Membership Account and your use of the Premium Membership Services because you have breached this Premium Membership TOS, or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Premium Membership Fee. If we terminate your access to the Membership Account and the Premium Membership Services other than due to your breach of this Premium Membership TOS or any other agreement you have entered into with us, you will be entitled to a pro rata refund of the Premium Membership Fee that you paid for the remainder of your Premium Membership Term.
7. Use of Your Membership Account and the Premium Membership Services
You may use your Membership Account and the Premium Membership Services only for lawful purposes and in accordance with these Premium Membership TOS. You agree not to use the Membership Account and Premium Membership Services in any way that violates any applicable federal, state, local or international law or regulation. You acknowledge that you do not acquire any ownership rights in the Membership Account or Premium Membership Services. You also agree not to:
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the your Membership Account or the Premium Membership Services or its contents
- You will not interfere, access, tamper with or disrupt your Membership Account or the Premium Membership Services or the servers or networks connected to your Membership Account or the Premium Membership Services
- You will not attempt to probe, scan or test the vulnerability of your Membership Account or the Premium Membership Services or any of our systems or network or breach any security or authentication measures
- You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent
- You will not use your Membership Account or the Premium Membership Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Premium Membership TOS
- You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity
- You will not use, display, “frame” or “mirror” any part of your Membership Account or Premium Membership Services, our names, any of our trademarks, logos, or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us.
8. Consent to Electronic Communications
You agree that FF may send the following to you by email or by posting them on our website:
- The Premium Membership TOS
- Our Privacy Policy
- Billing statements associated with your Membership Account and/or the Premium Membership Services you purchase
- Any changes to the terms of the Premium Membership TOS and/or the Privacy Policy
- Any other notices, policies, communications or disclosures and information related to your Membership Account and/or the Premium Membership Services
You agree that FF may contact you via email, phone, text, or mail regarding your Membership Account or Premium Membership Services at the contact information that you have provide to us. You consent to receive such communications electronically. Message and data rates may apply. If you have any questions about your text plan or data plan, please contact your wireless provider. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and FF regarding your Membership Account and Premium Membership Services. You allow FF to either text or call you at the number provided even if on a state or national do not call list.
You agree that we may monitor and/or record your phone conversations with us and use automated telephone dialing and text messaging systems to provide messages to you in order to service your Membership Account or to collect any amounts you may owe. Subject to applicable law, you agree that we may from time to time make calls and send text messages to you using prerecorded or artificial voice messages or through the use of an automatic dialing device at any telephone number you provide to us in connection with your Membership Account, including a mobile telephone number that could result in charges to you from your wireless service provider.
9. Intellectual Property Rights
FF and our licensors retain all ownership rights, title, and interest (including all intellectual property rights) worldwide to the Premium Membership Services, including to all software and content regarding the Premium Membership Services made available to you through your Membership Account. No rights are granted to you other than as expressly set forth in these Premium Membership Services.
10. Disclaimers
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE YOUR MEMBERSHIP ACCOUNT OR THE PREMIUM MEMBERSHIP SERVICES, OR RESULTING FROM ANY CONTENT POSTED TO YOUR MEMBERSHIP ACCOUNT OR REGARDING THE PREMIUM MEMBERSHIP SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, YOUR MEMBERSHIP ACCOUNT AND THE PREMIUM MEMBERSHIP SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF YOUR MEMBERSHIP ACCOUNT AND THE PREMIUM MEMBERSHIP SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT YOUR MEMBERSHIP ACCOUNT OR THE PREMIUM MEMBERSHIP SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF YOUR MEMBERSHIP ACCOUNT OR THE PREMIUM MEMBERSHIP SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Any general advice that may be posted to your Membership Account regarding the Premium Membership Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through your Membership Account or the Premium Membership Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.
FF does not perform and is not responsible for any of the medical services and procedures to be performed by a medical service provider. The persons performing or providing medical services and procedures are solely liable for such services and procedures. Without limiting the generality of the foregoing, FF is not responsible for performing or providing and bears no risk of loss or damage from any medical services and procedures, including without limitation any retrieval, storage, freezing, in vitro fertilization or other procedures involving, or any loss, damage, theft, or destruction of, any genetic material (including but not limited to eggs, sperm, and embryos).
Also, FF is not responsible for, and accepts no liability related to, medication orders prescribed by a medical service provider, medication calendaring by a medical service provider, medications obtained from pharmacies or other providers, or any other services provided by parties other than FF.
11. Limitation of Liability and Indemnification
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, AND THEIR SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR INDEPENDENT CONTRACTORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR PREMIUM MEMBERSHIP SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS PREMIUM MEMBERSHIP TOS OR FROM THE USE OF OR INABILITY TO USE YOUR MEMBERSHIP ACCOUNT OR THE PREMIUM MEMBERSHIP SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THIS PREMIUM MEMBERSHIP TOS, OR THE USE OF OR INABILITY TO USE YOUR MEMBERSHIP ACCOUNT AND/ OR THE PREMIUM MEMBERSHIP SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF YOUR MEMBERSHIP ACCOUNT AND THE PREMIUM MEMBERSHIP SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Additionally, you agree to defend, indemnify, and hold FF, and our affiliates, licensors, and their shareholders, employees, officers, directors, agents or independent contractors from and against all claims and expenses, including attorney’s fees, arising out of your violation of this Premium Membership TOS or your misuse of your Membership Account or Premium Membership Services.
12. Exclusive Remedy
If you are dissatisfied with your Membership Account or the Premium Membership Services, your sole and exclusive remedy is to terminate your Membership Account and to stop using the Premium Membership Services , but as noted, under no circumstances will a Premium Membership Fee be refunded to you upon your elected termination of your Membership Account.
13. Governing Law and Jurisdiction
These Premium Membership TOS and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with California law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the Premium Membership Services must be litigated exclusively in the federal or state courts of California, and both parties consent to venue and personal jurisdiction there.
14. Links to Third Party Websites
The Premium Membership Services may contain links to other sites that are owned and operated by third parties (each, a “Third Party Site”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to a Third Party Site is not a recommendation or endorsement by FF of any products, services, information, goods, ideas, or opinions that may be found on any Third Party Site. FF makes no warranties, either express or implied, concerning the content of any Third Party Site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose. FF does not warrant that any Third Party Site is free from any claims of copyright, trademark, or other infringement. FF does not warrant than any Third Party Site is free from any viruses or other contamination. You understand that Third Party Sites may have a privacy policy that is different from that of FF and that Third Party Sites may provide less security than the FF website. The choice to access a Third Party Site, or to purchase or otherwise use any of the products or services advertised or provided on a Third Party Site is yours at your sole discretion.
15. General Provisions
- This Premium Membership TOS makes up the entire agreement relating to your use of your Membership Account and the Premium Membership Services, and supersedes all prior agreements relating to the subject matter hereof.
- This Premium Membership TOS will be governed by the laws of the State of California without regard to its conflict of laws provisions.
- We may change, suspend, or discontinue your Membership Account and any of the Premium Membership Services at any time. We will try to give you prior notice of any material changes to your Membership Account or the Premium Membership Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of your Membership Account or the Premium Membership Services.
- This Premium Membership TOS does not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under this Premium Membership TOS to anyone else without our consent. FF may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about your Membership Account or the Premium Membership Services. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and we have no obligation to keep them confidential.
- Even after termination, this Premium Membership TOS will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.
- In order to protect the integrity of your Membership Account and/or the Premium Membership Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing your Membership Account or the Premium Membership Services.
Contact Us
If you have any questions about this Premium Membership TOS, please contact support@futurefamily.com. By purchasing Premium Membership, you agree to the Premium Membership Terms of Service and Privacy Policy.