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 Terms of Use

TERMS AND CONDITIONS
Doc. TERMS Rev A.

 

Initial Disclosure.

With the 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.

 

Product Use.

IVFonline 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.

 

Each Buyer 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.

 

Once the 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 birth outcome.

 

In addition, 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.

 

This is 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.

 

The Buyer 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 arrangement.

 

The Buyer 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. 

 

Inappropriate Disclosures.

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 non-compliance by you of the Terms of Use of this agreement, and claims brought by persons or entities other than the parties to this agreement arising from or related to your purchase and/or use of IVFonline products.

 

Statements and Claim.

Statements in 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.

 

FDA Statement.

Statements and 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. 

 

Website Disclaimer

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.

 

Notification.

Notification of 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.

 

Governing Law and Forum for Disputes.

This Agreement 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.

 

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