Terms of Use

The following terms and conditions, together with any documents incorporated herein by reference (collectively the “Terms of Use”), are entered into by and between you (“User”, “you”, or “your”) as the individual accessing and/or using the Website, as defined herein below, and OvulifeMD, LLC, a North Carolina limited liability company (“Company”, “we”, “our” or “us”). The Terms of Use govern your access to and use of OvulifeMD.com, including any content, functionality, and services offered on or through OvulifeMD.com (the “Website”), whether as a guest or as a registered user.

Please read the Terms of Use carefully before using the Website. By using the Website and/or by clicking to accept and agree to the Terms of Use when this option is made available to you, you agree to be bound by and to abide by these Terms of Use, including without limitation our Medical Disclaimer and Privacy Policy, which are incorporated herein by reference and made part of these Terms of Use as if fully set forth herein. If you do not want to agree to the Medical Disclaimer, the Terms of Use, and/or the Privacy Policy you must not access or use the Website.​

This Website is offered and available to adult users who are 18 years of age or older and who are capable of forming a binding contract with the Company. By using this Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time and at our sole discretion. All changes are effective immediately upon being posted to the Website and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

PRIVACY

Your use of the Website is also subject to the Company’s Privacy Policy, which informs users of our data collection practices. By using the Website or by clicking to accept and agree to the Terms of Use when this option is made available to you, you agree that you have read and agree to be bound by the terms of our Privacy Policy.

 

DISCLAIMER OF THE PRACTICE OF MEDICINE

Your use of the Website is also subject to the Company’s Medical Disclaimer, which informs users of various limitations regarding the information provided on the Website. By using the Website or by clicking to accept and agree to the Terms of Use when this option is made available to you, you agree that you have read and agree to be bound by the terms of our Medical Disclaimer.

 

 

 

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website and any service or material we provide on or through the Website at our sole discretion and without notice. From time to time, we may restrict users, including registered users, from accessing some or all of the Website. We will not be liable if for any reason all or any part of the Website is unavailable to you at any time or for any period.

To access the Website or certain resources made available through the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the registration information you provide is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures (collectively, “User Information”), you must treat such User Information as private and confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of the Website using your username, password, or other User Information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security regarding your User Information. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password or other User Information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content on the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on or made available through the Website.

The Website content is not for resale. Your use of the Website or any of the resources available through the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the prior written permission of the Company and the copyright owner in each instance. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its suppliers, affiliates, or licensors. You must not use such marks without the prior written permission of the Company in each instance. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

 

ACCURACY AND PERSONAL RESPONSIBILITY

Although we will take commercially reasonable steps to ensure that the information provided on and through this Website is accurate, we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners, officers, employees, or contractors shall be held liable or responsible for any errors or omissions with regard to the information contained on or made available through the Website, including without limitation for any damage you may suffer as a result of failing to seek competent advice from a medical professional.

By using this Website, you accept personal responsibility for the results of your actions, including your use of the information made available on or through the Website. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on or through the Website. You agree to use judgment and conduct due diligence, including consultation with your personal physician, before taking any actions or implementing any plans or guidance suggested or recommended on this Website.

 

NO GUARANTEES AS TO RESULTS

By using the Website and agreeing to these Terms of Use, you agree that the Company has not made any guarantees about the results of taking any action, whether or not recommended on this Website. The Company provides educational and informational resources intended to help Website users such as yourself gain knowledge regarding reproductive health. Neither the Company nor any of its owners, officers, employees, or contractors guarantee any particular health outcome, including but not limited successful conception or live birth. You acknowledge that your ultimate success or failure will be the result of your own personal health, your specific medical care provided by or through your personal physician, your own efforts, and innumerable other circumstances beyond the control and/or knowledge of the Company.

At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.

Although these testimonials are truthful statements about the results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles or information made available on or through the Website are no guarantee that you or any other person have similar results. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by the Company.

 

EMAIL AND OTHER ELECTRONIC COMMUNICATIONS

Electronic communication with the Company includes visiting the Website and sending email(s) to the Company. By using the Website, you consent to receive electronic communications from the Company and you agree that all agreements, notices, disclosures, and/or any other communications that the Company provides to you electronically, via email or on or through the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a patient-physician, medical, business, or any other contractual relationship between you and the Company or any of its owners, officers, employees, or contractors. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications from or to you remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order or other legal requirement.

 

USE OF COMMUNICATION SERVICES

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal webpages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). By using the Website, you agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example and without limiting the foregoing, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as privacy rights) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, advertisements, chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any or all materials in its sole discretion. The Company reserves the right to terminate your access to some or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized as Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

MATERIALS PROVIDED TO THE WEBSITE

The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submission(s)”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

LINKS TO THIRD PARTY WEBSITES AND SERVICES; NO ENDORSEMENT

The Website may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

Certain services made available via the Website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service, or functionality on behalf of the Website’s users and customers.

 

AFFILIATE LINKS

From time to time, the Company participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.  As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.  However, you recognize that it remains your personal responsibility to investigate and discuss with your personal medical physician whether any affiliate offers are right for you and your general and/or reproductive health. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your personal medical physician to decide whether to purchase the affiliate product or service.

 

PRODUCT REVIEWS​

At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, devices, applications, food products and/or supplements (“Product Reviews”). Any Product Reviews will represent the good-faith opinions of the author of such review. Statements or claims that are made on this website about the health benefits of certain foods, supplements or products are not medical advice, have not been evaluated by the Food and Drug Administration (FDA), and are not intended and should not be used to treat, diagnose, cure or prevent any disease or medical condition.

The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review. Regardless of any such discounts, we will provide honest reviews of these products and/or services. You should conduct your own due diligence and discuss any information with your personal medical physician - you should not rely solely upon any Product Review(s) provided on this website.

We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to [email protected] that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.

 

USE OF DOCUMENTS AND FORMS

The Company provides various documents and forms (“Forms”) for download and/or sale through the Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our Forms for your own personal, non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, sell or in any way exploit any Forms in any manner, except for modifications in filling out the templates and/or forms for your own personal use consistent with the limited license granted herein.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal use, and may not be sold or redistributed without the express written consent of the Company in each instance.

 

USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL

From time-to-time, the Company may provide various courses, programs, and associated educational material (“Courses”) for sale on the Website. By purchasing access to one or more of the Courses, the Company grants you a limited, personal, non-exclusive, non-transferable license to use the purchased Courses for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the prior written consent of the Company in each instance.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

 

MONEY BACK GUARANTEE FOR COURSES

The Company wants you to be satisfied with your purchase of a Course and offers a qualified, money-back guarantee for Courses that you may purchase. However, in order to qualify for a refund you must submit proof that you completed the work outlined in the Course and must submit the refund request within the designated refund period specified for each course. Please note, if you select the ‘multiple payment option’ we are not able to stop payments without a refund request being submitted.

You may request your money back by emailing [email protected]. That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. You must also demonstrate that you have attempted to implement the program without success. To meet this requirement, you must submit the information outlined below (based on the program you are requesting a refund for).

Fertility Foods Formula

OvulifeMD provides a 14-day money-back guarantee for the Fertility Food Formula Program, subject to the following terms.

In order to qualify for a refund, you must submit proof that you completed the four course requirements specified below. In the event that you decide your purchase was not the right decision, within 14 days of the first module being released, contact our support team at [email protected] and let us know you’d like a refund by the 14th day at 11:59pm EST. We will NOT provide refunds for any request that comes more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.

The work that you need to submit with your request for a refund includes ALL of the following items:

• Requirement 1: Complete and attach a picture of your Success Path.
• Requirement 2: Complete and attach pictures of your pantry before and after the Pantry Makeover.
• Requirement 3: Complete and attach pictures of at least 7 meals prepared from the recipes contained in the Fertility Foods Cleanse.
• Requirement 4: Tell us why this course was not a good fit for you and your fertility needs. What did you expect that you did not get once inside the program?

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

USE OF FREE DOWNLOADABLE CONTENT

The Company provides various resources on the Website that users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

 

GUEST CONTENT

The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.

 

NO WARRANTIES

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

LIMITATION OF LIABILITY

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

 

ARBITRATION

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Charlotte, NC pursuant to the Federal Arbitration Act.  The terms of the North Carolina Revised Uniform Arbitration Act (N.C.G.S. §§ 1-569.1 to 1-569.31) also apply. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

 

INTERNATIONAL USERS

The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

 

TERMINATION AND ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

NO JOINT VENTURE OR OTHER RELATIONSHIP​

You agree that no joint venture, partnership, employment, or physician-patient relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

ENTIRE AGREEMENT​

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Medical Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

CHANGES TO TERMS

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

 

CONTACT US

OvulifeMD, LLC. welcomes your questions or comments regarding the Terms:

Email Address: [email protected]

Effective as of January 2020