PURPOSE OF THIS AGREEMENT
Welcome to Menopause.net. We look forward to helping you! This Agreement sets forth Your rights and obligations as a Menopause.net User. By visiting our website, You indicate that You have read and understood this Agreement and You will be bound by its Terms.
- “Menopause.net” refers to proprietary Menopause.net website and blog articles and content and affiliate offers about women’s health and wellness.
- “Menopause.net refers to Menopause owner(s), affiliated company(ies), affiliate entities, and employees, and assigns.
- “Parties” mean Menopause.net and You. Menopause.net and You are each a “Party.”
- “Terms” mean and refer to the Terms and Conditions set forth herein.
- “User” refers to a person who has created a Menopause.net Account. “User Account” refers to a User’s Menopause.net Account.
- “You” and “Your” means the Menopause.net User who has executed this Agreement by visiting Menopause.net
Becoming a Menopause.net User
There are various products and services available to Users, and prices applicable to such products and services. Menopause.net’s products, services, and prices are subject to change without notice including, but not limited to products, upgrades or software changes. By providing Menopause.net or its affiliated parties Your credit card information You authorize Menopause.net to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By Your continued use of Menopause.net services, and unless You terminate this agreement as provided herein, You agree that Menopause.net may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.
III. Term and Termination
Your User contract with Menopause.net begins when You click “I Agree,” and will continue until either:
- Menopause.net cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to Menopause.net.
- You provide Menopause.net ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to Menopause.net.
- Your credit card or Menopause.net’s charge is denied for any reason and You do not provide Menopause.net a new credit card within ten (10) days.
- REFUNDS FOR “HARD GOODS”
If You have purchased a “hard good” (for example, a supplement, book, MP3 player, or other tangible product) from Menopause.net or its affiliated parties sold under any of its brands or related brands, including without limitation Menopause.net, you may receive a limited refund if you comply with the following conditions:
- You must request a refund in writing by contacting [email protected];
- Your request for a refund must be made within thirty (30) days of your purchase;
- You must return the hard goods to Menopause.net immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
- The hard goods must be returned to Menopause.net in like-new, or re-sellable condition, as determined in Menopause.net’s sole, reasonable discretion.
- No License to use Menopause.net Marks
The hard goods must be returned to Menopause.net in like-new, or re-sellable condition, as determined in Menopause.net’s sole, reasonable discretion.
Any content on any Menopause.net website may constitute the intellectual property of Menopause.net. Except where expressly authorized, no material on any Menopause.net website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Menopause.net trademark and logo are proprietary marks of Menopause.net, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Menopause.net or any of Menopause.net’s affiliates.
You agree to protect, defend, indemnify and hold harmless Menopause.net, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Menopause.net for liability for payments for, damages caused by, or other liability relating to, You.
VII. No Warranty; No Leads.
Menopause.net does not promise, guarantee or warrant Your health, physical fitness, or wellness. You understand and acknowledge that MENOPAUSE.NET will not at any time provide sales leads or referrals to You. Additionally, Menopause.net’s WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Menopause.net MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY MENOPAUSE.NET WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. MENOPAUSE.NET MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY Menopause.net WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY Menopause.net WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY Menopause.net’s WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY Menopause.net’s WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Menopause.net websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any Menopause.net website and these Terms, these Terms shall control.
VIII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL Menopause.net’s LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO Menopause.net FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST Menopause.net OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
- Force Majeure.
Menopause.net will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Menopause.net. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Menopause.net shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
- Assignment of Rights.
Menopause.net may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Menopause.net’s or its assigns express written consent.
- Information; Registration; User Names and Passwords
As a Menopause.net User, You will be required to create an account with Menopause.net. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your Menopause.net User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. So called “agency accounts,” or accounts in which You host funnels for third parties, are prohibited. Should Your usage data indicate, in Menopause.net’s reasonable opinion, that You are operating an “agency account,” i.e., hosting funnels for one or more third parties, You will be subject to cancellation of Your Menopause.net User Account or enhanced pricing for Your Menopause.net account, at Menopause.net’s discretion. You are fully responsible for all transactions with, and information conveyed to, Menopause.net under Your User Account. You agree to immediately notify Menopause.net of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that Menopause.net is not liable, and You will hold Menopause.net harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XII. Release/Authorization to Use Photographs.
You grant Menopause.net permission to use any and all photographs taken by Menopause.net or its agents or employees, or submitted by You to Menopause.net as well as all written endorsements of Menopause.net that you send to us, or that you post on social media (photographs, social media posts, and messages sent to Menopause.net are hereinafter referred to as “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Menopause.net or any product or service sold and marketed by Menopause.net. You agree that this authorization to use Photographs may be assigned by Menopause.net to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Menopause.net’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Menopause.net in exchange for this Release and Assignment. You hereby release and forever discharge Menopause.net from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XIII. Prohibited Activity.
Menopause.net has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:
- HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Menopause.net’s reputation; and the violation of the rights of Menopause.net or any third party.
- “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Menopause.net’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
- OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs, or that violates the intellectual property rights of another.
XVII. Digital Millennium Copyright Act
If You believe that materials or content available on any Menopause.net website infringes any copyright You own, You or Your agent may send Menopause.net a notice requesting that Menopause.net remove the materials or content from the Menopause.net website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Menopause.net a counter-notice. Notices and counter-notices should be sent to Menopause.net by e-mail to [email protected]
XVIII. Arbitration, Governing Law, and Attorneys’ Fees.
- ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Menopause.net including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Naples, FL. You agree not to file suit against Menopause.net or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Menopause.net. In the event that You and Menopause.net are unable to reach agreement on an Arbitrator, You and Menopause.net will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Naples, FL. The arbitrators selected by You and Menopause.net will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Menopause.net and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
- GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Florida without regard to any choice of law provisions.
- WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Menopause.net to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Menopause.net may not be joined or consolidated with claims brought by anyone else.
- LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
- INJUNCTIVE RELIEF. Nothing in this Agreement prevents Menopause.net from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Menopause.net’s rights prior to, during, or following any arbitration proceeding.
- ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Menopause.net commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XIX. Changes to Terms
Menopause.net reserves the right to change these Terms, in whole or in part, from time to time at Menopause.net’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.menopause.net/terms-of-service/. By Your continued use of Menopause.net’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by Menopause.net of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to Menopause.net under or related to these Terms must be via email, addressed as follows:
Compliance: [email protected]
Spam or Abuse: [email protected]
Affiliates: [email protected]
Notices to You may be made by posting a notice (or a link to a notice) on https://www.Menopause.net/terms-of-service/, by e-mail, or by regular mail, at Menopause.net’s discretion.
XXIV. Data Privacy Shield – GDPR
What is GDPR? It is the EU Data Privacy Shield that becomes effective on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under European Union. The “Personal Data” definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.