Doc. TERMS Rev
purchase of any products from IVFonline, LifeGlobal, genX
international, its associates, affiliates, (collectively referred to
as “IVFonline”), directly, or through its website, associated sites,
or its distributors, you agree to these conditions and the following
information and that you, the “Buyer”, understand it and agree to
abide by it. If you have ANY questions contact the association the
product was purchased from BEFORE your purchase and BEFORE use of
any of the items discussed.
IF YOU DISAGREE
WITH ANY OF THE TERMS THAT FOLLOW, OR DO NOT AGREE TO BE BOUND BY
ALL SUCH TERMS, YOU ARE NOT AUTHORIZED TO USE IVFONLINE PRODUCTS.
Limitation of Liability.
IVFonline hereby limits its liability for ANY PRODUCTS purchased in
accordance with all conditions and terms as stated hereIN. this
agreement is a complete and exclusive statement of the understanding
between the parties. this warranty is in lieu of any and all other
warranties, written or oral, express or implied, including, without
limitation, warranties of merchantability or warranties of fitness
for a particular purpose, all of which IVFonline disclaim. in no
event will ivfonline, or any other party who has been involved in
the creation, production, promotion or marketing of ivfonline
products, be liable for special, indirect, incidental, reliance or
consequential damages to any party even if ivfonline or such other
party has been advised of the possibility of such damages.
ivfonline’s maximum liability shall not in any case exceed the
contract price for the products claimed to be defective.
ivfonline does not directly or indirectly practice medicine or
dispense medical services and, as such, assumeS no liability for
INFORMATION contained herein AND ANY COMMUNICATION OF FACT OR
OPINION. the buyer and/or practitioner assume full responsibility
for the appropriate use of medical information contained in the
product and agrees to hold ivfonline harmless from any and all
claims or actions arising from the buyer’s and/or practitioner’s use
of the product.
products are only to be used for purposes as described in the label,
product insert, literature, instruction for use and is to be used in
accordance with the proper medical procedures or protocols of each
practitioner and/or institution. They are not to be used for
administration to humans, drug purposes or as a cure. The
information presented in the product insert, label, literature,
and/or web site is offered without warranty or guarantee on
performance or final results, since the ultimate conditions of use
and the variability of procedures, practitioners’ skill, training
levels, variability of materials, environmental conditions, any
additional materials used by the practitioner which may lack in
quality or be contaminated, defective or otherwise be inappropriate
and any other circumstances that are beyond IVFonline’s control.
and/or practitioner is responsible for his or her own inspecting,
checking of product, its quality, conditions, any damage to the
packaging or seals and ‘pass’ the product for use. Each Buyer and/or
practitioner is responsible for applying any and all appropriate
tests deemed necessary upon receipt and BEFORE USE. If for any
reason it is believed that the product or its quality specifications
are questionable or do not meet such testing standards of said
practitioner, IVFonline must be notified immediately, BEFORE USE and
must return such products immediately.
product has been received and deemed accepted for its quality and
performance, the Buyer and/or practitioner cannot under any
circumstances hold IVFonline responsible for the performance and/or
final results, outcome, development of samples, pregnancy rates or
nothing disclosed herein is to be construed as a recommendation to
use any products in violation of any and all other patents of
separate companies. IVFonline, LifeGlobal and genX international
cannot be responsible for patent infringements or any other
violations that may occur with the use of these products.
not a Contract.
The purchase or
use of the product does not constitute a contract between
ivfonline, or any other party who has been involved in the
creation, production, promotion or marketing of IVFonline products
and any practitioner, user or patient, their heirs, successors or
assigns over the use of the product and does not in any way
guarantee results, outcome or success related to the performance of
the procedures or promises of the practitioner.
and/or practitioner is prohibited from making any promises to the
patient of a ‘Shared Risk Financial Program’, “IVF Refund Guarantee”
guarantee of outcome, donor programs or similar type of IVF
enticement programs. IVFonline does not warranty or guarantee any
results, outcome, success rates or the use of the product by
practitioners and does not under any circumstances either directly
or impliedly to have a contract, agreement or any type of
relationship with the patients, their heirs, successors or assigns
or can they be implicated in such or any additional implied
and/or practitioner assume all responsibility for the liability for
such products and procedures as it relates to any agreements,
contracts or promises with the patients, and will under no
circumstances be able to transfer the liability of such to IVFonline.
The Buyer and/or practitioner are prohibited from making any
promises, guarantees or warranties concerning IVFonline, IVFonline
products and/or results. At no time are Buyer and/or practitioner
considered an agent of IVFonline.
If for any
reason the Buyer and/or practitioner informs any patients, legal
counsel, or any other persons, either verbally or in writing of any
such problems in the overall procedures or outcome and in doing so
implicate IVFonline or IVFonline products as the cause or possible
cause of such failures in outcome, the Buyer and/or practitioner
will assume all responsibility for the consequence of any libelous
statements, liability, reimbursement, costs and reasonable
attorneys’ fees and or any and all such payments to said patients,
their heirs, successors or assigns resulting from such
representation. If in fact the Buyer and/or practitioner implicates
or names IVFonline or its products as a cause or possible cause of
such failures in outcome, results or success of any procedures
IVFonline reserves the right to file suit against such practitioner
to recover any and all damages, including, costs and reasonable
attorneys’ fees related to such claims. Damages are not limited to
direct payments or claims and will include punitive damages and any
and all damages deemed just by the courts. IVFonline reserves the
right to defend and protect itself against such made claims. The
Buyer and/or practitioner agree to defend, indemnify and hold
harmless IVFonline, LifeGlobal, genX international, its parent,
affiliated companies, affiliates and their respective directors,
officers, employees and agents from and against any and all claims,
actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses, including costs and
reasonable attorneys’ fees, arising out of or accruing from any
misrepresentation made by you in connection with the use of
IVFonline products, any misuse of IVFonline products, any
claims brought by persons or entities other than the parties to this
agreement arising from or related to your purchase and/or use of
Statements and Claim.
claims made by IVFonline within any of the literature,
advertisements or made verbally (such as improved, increase success,
better, consistent) are statements made as advertising claims and
any reliance made by the practitioners or users of these statements
must take into consideration that results that reported successes
were related to controlled scientific experiments and may not be
repeatable in all environments, situations, or by all practitioners.
The individual procedures, protocols steps utilized by each
practitioner may change the results and may not have the same
success rates, pregnancy rates or overall results.
claims have not been evaluated by the US Food and Drug
Administration. The products included in these statements are not
intended to diagnose, treat, cure or prevent any illnesses,
diseases, disorders or medical conditions.
All information on the websites of ‘IVFonline’ are
for informational purposes only. No information or materials posted
on these sites are intended to constitute a legal or binding
relationship. The information contained herein, nor the perusal of
it, establishes nor constitutes a fiduciary relationship with
IVFonline or its associates. All sales, services, agreements for
service, and vendor relationships will be executed via a written
contract or letter of mutual understanding. We
make no warrants or claims as to the accuracy of content posted on
these websites. Individuals sending an e-mail does not establish a
fiduciary relationship of the sender with us or any of its
associates or partners. The sender of the e-mail has no expectation
of privacy, privilege, or confidentiality either in the content of
any message sent. IVFonline takes no responsibility for links or
content of related sites. Browsing this site or any site of
IVFonline is at the risk of the web surfer or website visitor.
any defects in IVFonline products must be delivered within five (5)
business days from date of receipt of product in order to receive a
replacement or refund. All notifications need to be supported by
actual records and files related to such claims, including, place of
purchase, proof of purchase, date of receipt and/or date of use.
Law and Forum for Disputes.
shall be governed by the laws of the State of Connecticut. Any
action arising out of this Agreement shall be commenced in any court
in Connecticut that has jurisdiction over such matters. The Buyer
agrees that this Agreement shall not be subject to the United
Nations Convention on Contracts for the International Sale of Goods.