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Terms and Conditions
FertileWell Terms and Conditions
Effective Date: August 22, 2018
This website (“Website”) is operated by FertileWell (“FertileWell” “we,” or “us”). By using FertileWell Website in any way, you accept these Terms and Conditions (“Agreement”). If you are not willing to be bound by this Agreement, do not use FertileWell Website.
FertileWell reserves the right, in its sole discretion, to make changes to our Website, these Terms, the policies and conditions that govern the use of our Website and an individual’s access to this Website at any time, or to terminate this Website without notice. It is recommended that you periodically read these Terms for any updates or changes. Your continued access or use of our Website shall be deemed your acceptance of these changes.
This Website is provided by FertileWell. FertileWell grants you (“you” or “user”) a limited, non-exclusive, personal, non-commercial, royalty-free, non-transferable license to access.
Except as expressly permitted by FertileWell in writing, you will not reproduce, copy, store, transmit, redistribute, sell, rent, lease, distribute, display, modify, alter, translate, create derivative works from, decompile, reverse engineer, or disassemble FertileWell Website. All rights not expressly granted by FertileWell are reserved.
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the full privacy policy.
FertileWell reserves the right to modify or discontinue, temporarily or permanently, the Website as a whole and any or all of the Website features, products, prices of products, services or information appearing on, or available through, any or all of the Website with or without notice to you. You agree that FertileWell shall not be liable to you or any third party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.
This Website and/or its affiliates contain copyrighted material, trademarks, trade names, service marks, logos and other proprietary information, including, but not limited to, text, information, software, photos, videos, graphics, music and sound, and the entire contents of the Website, and other materials displayed on or that can be downloaded from this Website are protected by copyright. FertileWell owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of FertileWell or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Trademarks that are located within or on the Website or app shall not be deemed to be in the public domain but rather the exclusive property of FertileWell, unless such website is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of FertileWell unless otherwise stated.
The FertileWell Website may contain links to other third party websites or sources. These links are for your convenience only and are not owned, operated or controlled by FertileWell, if you use these links, you acknowledge and agree that FertileWell is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that FertileWell shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other web sites or resources, you agree you do so at your own risk.
By entering into these terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these terms must be asserted individually.
FertileWell provides our Website on an “as is” and “as available” basis. You expressly agree that use our Website is at your own risk. FertileWell and its parents, subsidiaries (collectively, “affiliates”) and affiliates expressly disclaims any and all warranties of any kind, whether express or implied.
You agree that any material and/or information downloaded or otherwise obtained through the use of or from the Website is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. FertileWell shall not be liable for any damage to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this Website.
In no event shall FertileWell be liable for any damages whatsoever, whether general, special, direct, indirect, consequential, compensatory, exemplary, or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website, including without limitation, emotional distress, bodily injury, death, and/or any other damages resulting from the use of FertileWell Website.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used FertileWell, and no warranties shall apply after such period.
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current validity of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to refuse service to any customer.
You agree to indemnify, defend and hold harmless FertileWell and its affiliates, directors, officers, employees, agents, licensors, contractors, service providers, third party information providers, and others involved in the delivery of products, services or information through the site((“Indemnified Parties”, collectively), arising from, in connection with, or relating to, any breach of these Terms of Use by you. You agree to indemnify any and all loss, damages, expenses, costs, awards, judgments, and attorneys’ fees and litigation expenses the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Website.
Dates for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond our reasonable control.
If a delivery requires a signature to confirm receipt, it is your responsibility to ensure that there is someone at the delivery address to sign for the products when delivered. It is also your responsibility to collect the products from any postal collection depot and/or arrange an alternative delivery date if you are not available to sign for the products.
We are not responsible for safe delivery of goods because we do not ship the products directly. If the products are not delivered, arrive late, or are damaged in transit, you must take this up with the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Payment is due at the time you place your order. We do not accept your order until we receive notice from our credit card merchant that your payment has been authorized and/or we have received payment in full in cleared funds. If for any reason payment in full is not made, we may withhold or suspend delivery of the products.
These Terms and conditions will take effect at the time you place an order, register, respond to a request for information, or begin downloading, accessing, or using the Website, whichever is earliest. FertileWell reserves the right at any time and for any reason to deny you access to this Website or to any portion thereof, and FertileWell shall have the right to immediately terminate a user’s account in the event of any conduct by a user which FertileWell, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms of Use. Termination will be effective, with or without notice. You may also terminate these Terms of Use at any time by ceasing to use the Website, but all applicable provisions of these Terms of Use will survive termination. The provisions concerning FertileWell’s proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms of Use, and governing law will survive the termination of these Terms of Use for any reason.
14. Governing Law
This Agreement shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Any action arising out of or relating to this Agreement or your use of FertileWell Website must be commenced in the state or federal courts located in Delaware, United States of America (and you consent to the jurisdiction of those courts). In any such action, FertileWell and you irrevocably waive any right to a trial by jury.
If you have any questions about these terms and conditions, please contact us by emailing us at info@fertilewell.com .
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* These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease.