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PHERDAL FERTILITY SCIENCE TERMS OF SERVICE
Overview
These legally-binding Terms of Service apply to your use of PherDal.com (the "Site") and any products you purchase directly from PherDal Fertility Science, Inc. ("us," "we," or "PherDal"), including the PherDal Kit, ovulation journal or fertility supplies (collectively, "Products").
Please read these Terms of Service carefully before using the Site or purchasing Products. By visiting the Site or purchasing Products from us, you agree to be bound by these Terms of Service.
IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, DO NOT USE THE SITE OR PURCHASE PRODUCTS FROM PHERDAL.
These Terms of Service will also apply to any new features or tools that we add to the Site and any new Products we introduce.
Our store is hosted by Wix, and they provide us with the online e-commerce platform that allows you to use the Site and purchase Products.
If you have questions or concerns regarding information that PherDal collects about you and how we use that information, including your personally identifiable information, read our Privacy Policy.
General Conditions
You are only permitted to use the Site and Products for personal, non-commercial use, and all other uses of the Site and Products are prohibited, including reselling, modifying, reproducing, or distributing the Site or Products.
You may not use the Site or Products for any unlawful purpose or in any way that infringes on our intellectual property rights or the intellectual property rights of any third-party. And you may not interfere with or circumvent the security features of the Site.
By using the Site or purchasing Products from us, you represent that you are at least the age of majority in your state or country of residence. The Site and Products are not intended for use by anyone under the age of 18.
PherDal reserves the right to refuse service, terminate access, or take any other steps to restrict your use of the Site or purchase of Products at any time for any reason. A breach or violation of any of these Terms of Service will result in an immediate termination of your ability to use the Site or purchase Products.
Accuracy and Completeness of Information
We are not responsible if information made available on the Site is not accurate, complete, or current. Information on the Site may contain errors, inaccuracies, or omissions that relate to Products. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Site is at your own risk. We reserve the right to modify the information on the Site at any time (including after you submit an order). Still, we have no obligation to keep this information accurate or up-to-date. It is your responsibility to monitor changes to the Site.
We reserve the right at any time to modify or discontinue the Site or Products (or any part or content thereof) without notice at any time.
We are not liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Site or Products.
Products and Orders
We reserve the right to limit sales of Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Products. All descriptions of Products and their pricing are subject to change without notice at any time. We reserve the right to discontinue any Product at any time. Any offer to sell a Product is void where prohibited.
Any images of Products on the Site are for display purposes only. The actual appearance of Products may vary from pictures. We do not warrant that the quality of any Product will meet your expectations.
Certain Products may be available exclusively through the Site. Products may have limited quantities.
100% of the purchase price for Products is due at checkout. After your payment is accepted, your order will be processed and can only be canceled or changed with PherDal's permission or as provided in our Return Policy. After receiving your order, we will send you a confirmation email with your order number and other order details.
You will select and pay for shipping at checkout. Once your order is shipped, you should receive an email with shipping confirmation that will contain the tracking number for your package. You may track your parcel at the appropriate shipping website. Title and risk of loss pass to you on delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. To learn more about our shipping policies, read our Shipping Policy.
Accuracy of Billing and Account Information
We reserve the right to refuse any order for Products placed with us. We may, in our sole discretion, limit or cancel quantities of Products purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Third-Party Links and Tools
Certain links on the Site may direct you to third-party websites or tools that are not provided by PherDal. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party tools or websites, or any other materials, products, or services provided by third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Subscription Terms and Conditions & Cancellation Policy
Please read this terms of use agreement (the "agreement") carefully. By accessing or using this website in any way, including using the services and resources available or enabled via the site, completing the registration process, making a purchase, and/or merely browsing the site, you represent that (1) you have read, understand, and agree to be bound by the agreement, (2) you are of legal age to form a binding contract with the company, and (3) you have the authority to enter into the agreement. If you do not agree to be bound by the agreement, you may not access or use this site or the services.
User Comments, Feedback, and Other Submissions
If you send us (with or without our request) creative ideas, testimonials, reviews, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any Comments in any medium. We have no obligation to: (a) maintain any Comments in confidence, (b) pay compensation for any Comments, or (c) respond to any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
LIMITED PRODUCT WARRANTY, DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY
WE PROVIDE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE SITE OR ANY PRODUCTS, EXCEPT FOR THOSE STATED IN THE PHERDAL LIMITED PRODUCT WARRANTY. WE DISCLAIM, TO THE GREATEST EXTENT POSSIBLE UNDER APPLICABLE LAW, ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING BY CUSTOM, TRADE USAGE, OR COURSE OF DEALING.
WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY PRODUCTS WILL BE AVAILABLE FOR PURCHASE WHEN YOU WANT TO BUY THEM OR AT THE PRICES LISTED ON THE SITE TODAY (AS WE ARE FREE TO CHANGE THOSE PRICES AT ANY TIME WITHOUT NOTIFYING YOU).
OTHER EXCLUSIONS AND LIMITATIONS ARE STATED IN THE PHERDAL LIMITED PRODUCT WARRANTY, WHICH IS INCORPORATED INTO AND MADE A PART OF THESE TERMS OF SERVICE. WITHOUT LIMITING THE FOREGOING, OUR LIABILITY FOR ANY DAMAGES OR LOSSES RELATED TO YOUR USE OF THE SITE, PURCHASE, AND USE OF ANY OF OUR PRODUCTS, OR ANYTHING ELSE RELATED TO YOUR RELATIONSHIP WITH PHERDAL GENERALLY IS SUBJECT TO AN ABSOLUTE CAP EQUAL TO THE AMOUNT YOU PAID US TO PURCHASE THE RELEVANT PRODUCTS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS AND LIMITATIONS, YOU MAY HAVE ADDITIONAL RIGHTS. PLEASE CONSULT AN ATTORNEY IF YOU BELIEVE THAT IS THE CASE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD PHERDAL, AND EACH OF ITS OFFICERS, EMPLOYEES, MEMBERS, MANAGERS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, AND AFFILIATES, AND EACH OF THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELATED PARTIES”), HARMLESS FROM ALL COSTS, CLAIMS, JUDGMENTS, AND OTHER DAMAGES OF EVERY KIND (INCLUDING COSTS AND ATTORNEYS’ FEES), THREATENED OR ASSERTED BY ANY THIRD PARTY ARISING FROM OR RELATED IN ANY WAY WHATSOEVER FROM YOUR USE OF THE SITE OR PURCHASE OR USE OF PRODUCTS. THIS INDEMNITY IS INTENDED TO APPLY TO THE GREATEST EXTENT POSSIBLE, INCLUDING IF A THIRD PARTY ALLEGES THAT PHERDAL OR ITS RELATED PARTIES WERE NEGLIGENT AND UNDER EVERY OTHER THEORY OF CULPABILITY, EXCEPT IF A COURT OR ARBITRATOR WITH APPROPRIATE JURISDICTION MAKES A FINAL RULING THAT PHERDAL WAS GROSSLY NEGLIGENT OR COMMITTED INTENTIONAL MISCONDUCT. PHERDAL MAY, AT YOUR EXPENSE, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO PROVIDE INDEMNITY HEREUNDER, AND YOU AGREE TO COOPERATE WITH PHERDAL'S DEFENSE THEREOF.
Applicable Law and Disputes
Any dispute or claim relating in any way to your use of the Site or purchase or use of Products is governed in all respects by the laws of the State of Illinois without regard to its conflict of laws principles.
If you and PherDal are unable to resolve a dispute that is related in any way whatsoever to the Site or our Products, you agree to participate in one day of non-binding mediation in Rockford, Illinois, with a sole mediator mutually selected by you and PherDal.
If you and PherDal are unable to resolve a dispute through non-binding mediation, the exclusive means for resolving that dispute is Open Arbitration performed by National Arbitration and Mediation (namadr.com).
You and PherDal will split the cost of the mediator, arbitrator, and mediation and arbitration facilities. However, you and PherDal will each be responsible for our own respective other costs, including attorney's fees, preparation fees, and travel costs. Further, the prevailing party in the arbitration is entitled to reimbursement of all their reasonable attorneys' fees and other costs in respect of arbitration.
PherDal may bring suit in court for injunctive relief, including for a temporary restraining order or temporary or permanent injunction (as available), without first participating in mediation and arbitration as required under these Terms of Service.
Severability
If any term in these Terms of Service is deemed to be unenforceable by a court or arbitrator with appropriate jurisdiction, that term will be replaced with a term that most closely matches the intent of the original term, and the remainder of these Terms of Service will continue in full force.
Waiver
Any failure by you or PherDal to act concerning a breach by the other is not a waiver of the right to act concerning that breach later. A waiver of a breach of these Terms of Service must be in writing and will only apply to the specific waiver indicated and not any subsequent or similar breaches.
Entire Agreement
Unless you later agree to other written terms when purchasing a Product from us, these Terms of Service are the entire agreement between you and PherDal concerning your use of the Site and purchase and use of Products.
Changes to these Terms of Service
We may change these Terms of Service at any time. You can review the most current version of these Terms of Service at any time by visiting this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates on this page. It is your responsibility to check this page periodically for changes. If you use or access the Site or purchase any Products after we post changes to these Terms of Services, you will be deemed to have accepted those changes.
Contact Information
Questions about these Terms of Service should be sent to us at Support@Pherdal.com
Last updated: July 15, 2022