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EVEN THOUGH THIS IS A LENGHTY DOCUMENT, PLEASE READ IT CAREFULLY
BEFORE USING THE TCI OVULOOK WEBSITE.
The terms contain important information
and create a legally binding contract between you the user of
this site and our products and OvuLook, LLC, PO Box 14, Kailua,
Hawaii 96734. If you do not accept these terms, please do not use
this website, or the TCI OvuLook™ Ovulation Tester. Our Privacy
Policy describes how we may, or will, use the information we
gather when you visit this site, or purchase our product.
OvuLook, LLC may make improvements or changes in the
information and services available on our website or terminate
this website, at any time without notice. OvuLook, LLC
may modify this Agreement at any time, and such modification
shall be effective immediately upon either posting of the modified
Agreement or notifying you at our option. You agree to review
this Agreement periodically to ensure that you are aware of any
modifications.
If you have questions or concerns regarding Privacy Policy,
Terms of Use and Limitations, you should NOT USE THIS WEBSITE.
For more information you may also contact:
OvuLook, LLC
PO Box 14
Kailua, Hawaii 96734
1 866 Ovulation (1 866 688 5284)
info@ovulook.com
PRIVACY POLICY
Your privacy is very important to us. To better protect your
privacy, we provide this notice explaining what information we
collect, how we might use that information and the choices you
can make about the way your information is collected and used
at the Site.
INFORMATION COLLECTED
At OvuLook.com, you can buy our products, or you may subscribe
to one of our services (e.g., our Information Services), express
an opinion, and connect to third-party sites to order services
and products. We collect personally identifiable information
that you provide to us. The types of personally identifiable
information that may be collected at these web pages may include,
without limitation: your name, address, E-mail address, telephone
number, fax number, and information about your interests in and
use of various services, programs, and products. We also may
collect information you provide as part of our Information Services.
We also may collect certain non-personally identifiable information
when you visit many of our web pages.
For each visitor to the OvuLook.com site, OvuLook.com's servers
collect information about which pages are visited and the IP
(Internet Provider) address or domain name of visitors. We use
your IP address to help diagnose problems with our server, and
to administer our Web Site. Your IP address is not linked to
personally identifiable information but is used to gather broad
demographic information. This information helps us tailor and
improve your experience on the Web Site. This information is
collected automatically and includes information such as the
type of browser you are using (e.g., Netscape, Internet Explorer),
the type of operating system you are using, (e.g., Windows ‘98
or Mac OS) and the domain name of your Internet service provider
(e.g., America Online, Earthlink).
USE OF THE INFORMATION
We may use the personally identifiable information you provide
about yourself to fulfill your requests for services, programs,
and products, to respond to your inquiries about our offerings,
and to offer you other services, programs, or products that we
believe may be of interest to you. We sometimes use this information
to communicate with you when we make changes to our subscriber
Agreements, to fulfill a request by you for an online newsletter,
or to contact you about your account with us.
The information we collect in connection with our Information
Services section, or as part of a user submission is used to
provide an interactive experience. For example, we may use this
information to write E-mails, to publish submissions, or, from
time to time, to offer you services, programs, promotions, or
products.
We sometimes use the non-personally identifiable information
that we collect to improve the design and content of the Site
and to enable us to personalize your Internet experience. We
may also use this information in the aggregate to analyze site
usage, as well as to offer you services, programs, or products.
We may also sell, transfer or otherwise distribute certain aggregated
non-personal information to third parties. OvuLook, LLC may on occasion combine information we receive online with
outside records to enhance our ability to offer information or
market to you those services or products that may be of interest
to you.
INFORMATION WE COLLECT
General: Portions of OvuLook.com require visitors to provide
personally identifiable information that may include your name,
age, address, e-mail address, credit-card number and facts about
your consumer-buying habits. We do not, however, knowingly collect
personal information from children under the age of 13.
Surveys: We may conduct periodic online surveys. For example,
visitors to OvuLook.com may see a pop-up window asking them to
voluntarily participate in a user survey.
Web site usage: We automatically collect IP addresses and web
site usage information from you when you visit our site. This
information helps us evaluate how our visitors use and navigate
our web sites on an aggregate basis, including the number and
frequency of visitors to each web page, the length of their visits,
their browser type and their operating systems.
HOW WE USE THE INFORMATION COLLECTED
OvuLook.com may use information collected from visitors in the
following ways:
o To improve existing features or develop new features, products
and services by analyzing how site features are being used.
o To award prizes in contests or promotions. Participation in
some contests or promotions may require visitors to agree to
be contacted by OvuLook.
o To provide advertisers or other third parties with aggregate
information about our user base and usage patterns. Personally
identifiable information is kept private and not distributed
to third parties.
o To send e-mail notifications about new or existing products
and services, special offers, or to otherwise contact you.
CHILDREN/ DIRECT NOTICE TO PARENTS
OvuLook.com will not knowingly collect any personal information
from individuals under 13 years of age without parental consent.
Where appropriate, OvuLook.com will specifically instruct children
not to submit such information on our site and/or will take reasonable
steps to ensure parental consent to such submission.
Parental consent will be required in the event OvuLook.com provides
a feature or event such as a contest or promotion that requires
submission of information by children. Notice may be provided
in a number of ways, including sending an e-mail message or notice
by postal mail. At any time, you may write to us at webmaster@OvuLook.com
to request a summary of any information we have retained as part
of such activities or to ask that it be deleted.
Parents should be aware that OvuLook.com’s Privacy
Policy will govern our use of personal data, but that information which
is voluntarily given by children (or others) in chat sessions,
e-mail exchanges, bulletin boards, Information Services, or the
like may be used by other parties to generate unsolicited mail.
OvuLook.com encourages all parents to instruct their children
in the safe and responsible use of their personal data while
using the Internet.
LINKS TO/FROM OTHER SITES
OvuLook.com may contain links to other web sites that are operated
by third parties. Other sites may also reference or link to OvuLook.com.
The services or products described or advertised on OvuLook.com
are generally sold by other parties on other sites. OvuLook, LLC is not responsible for the privacy practices or the
content of those other sites. OvuLook, LLC makes no
representations concerning any effort to review the content of
sites to which it may be linked and has no control over information
submitted to other sites. Visitors should consult the other sites’ privacy
notices prior to submitting any information, as we have no control
over information that is submitted to, or collected by, these
third parties.
COOKIES
“Cookies” are pieces of information that may be
placed on your computer by a web site for the purpose of facilitating
and enhancing your communications and interaction with that web
site. Cookies may possibly be used for such things as: (1) to
customize your visitation and shopping experience, (2) to deliver
content consistent with your stated interests, (3) to provide
you with custom-tailored content, or (4) to save your password
in password-protected areas. The use of cookies is an industry
standard — you will find them at most major web sites.
Most browsers are initially set to accept cookies. If you would
prefer, you can set yours to refuse cookies or to alert you when
cookies are being sent. However, it is possible that some parts
of the Site will not function properly if you do so. Cookies,
by themselves, do not tell us your E-mail address or other personally
identifiable information unless you choose to provide this information
to us by, for example, joining our Community. However, once you
choose to furnish the Site with personally identifiable information,
this information may be linked to the data stored in the cookie.
We use cookies to understand Site usage and to improve the content
and offerings on our Site.
LICENSES AND IDEA SUBMISSIONS
You agree to grant to OvuLook, LLC a non-exclusive,
worldwide, royalty-free, perpetual license, with the right to
sublicense, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained
therein for new or improved products or services) you submit
to public areas of OvuLook.com by all means and in any media
now known or hereafter developed. You hereby waive your moral
rights in any such materials and information, and you hereby
warrant that any such materials and information are original
with you, or that you have the right to submit such materials
and information. You agree that you shall have no recourse against
OvuLook, LLC for any alleged or actual infringement
or misappropriation of any proprietary right in your communication
to us.
NEWSLETTERS
OvuLook.com may offer a variety of opt-in e-mail newsletters.
When subscribing, visitors are asked to submit information such
as name, e-mail address and demographic information. You always
may opt-out of receiving future mailings from OvuLook.com. To
unsubscribe from our newsletters, or to remove your personally
identifiable information from our databases, send e-mail to webmaster@OvuLook.com
explaining your request.
SECURITY
OvuLook, LLC has put in place physical, electronic,
and managerial procedures that we believe are reasonable to safeguard
and help prevent unauthorized access, maintain data security,
and correctly use the information we collect online. However,
you provide information to us at your own risk. OvuLook, LLC will disclose information we maintain when required to do
so by law and as set forth herein.
YOUR ROLE IN PROTECTING YOUR PRIVACY
If you share a computer terminal with others, you may want to
consider establishing an anonymous e-mail account. In this way,
e-mails that you receive from OvuLook.com, such as password reminders,
will be seen only by you. If you access OvuLook.com through an
e-mail account maintained by your employer, please note that
it is possible that your employer may monitor your e-mail communications.
TERMS OF USE
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of the Site, such as text, graphics, images, and
information obtained from the Site’s licensors and other
material (“Content”) contained on the Site is for
informational purposes only. The Content has not been evaluated
by the FDA and is not intended to be a substitute for professional
medical advice, diagnosis or treatment. Always seek the advice
of your physician or other qualified health provider with any
questions you may have regarding a medical condition.
You should seek medical attention before undertaking any health
program described on the Site. OvuLook, LLC does not
recommend self-management of one’s health care. Reliance
on any information provided by or via the Site is solely at your
own risk.
Information obtained by using the Site is not exhaustive and
does not cover any diseases, ailments, physical conditions or
their treatment. The Content provided by OvuLook, LLC
is compiled from numerous sources.
OvuLook, LLC and its directors, officers, employees,
licensors, suppliers, agents and independent contractors, do
not directly or indirectly practice medicine or provide medical
services as part of TCI OvuLook™ Ovulation Tester website.
Should you have any health care–related questions, please
call or see your physician or other health care provider promptly.
You should never disregard medical advice or delay in seeking
it because of something you have read on the Site.
The Site contains health or medically related materials, including
information about women’s reproductive issues that you
may find sexually explicit or otherwise offensive. It may not
be suitable for children. You are solely
responsible for compliance with the laws applicable to your residence.
USE OF CONTENT
OvuLook, LLC authorizes you to view or download a single
copy of the material made available on the Site solely for your
personal, noncommercial use if you include the following copyright
notice: “Copyright 2003, OvuLook, LLC. All rights
reserved,” and other copyright and proprietary rights notices
that were contained in the Content. You agree that you will not
upload or transmit any communications or content of any type
that infringe or violate any rights of any third party.
We reserve all our other rights. Among other things, this means
you must not sell our information, rewrite or modify it, redistribute
it, put it on your own web site, or use it for any commercial
purpose without our prior written permission.
Any special rules for the use of certain software and other
items provided on the Site may be included elsewhere within the
Site and are incorporated into these Terms of Use by reference.
The Content is protected by copyright under both United States
and foreign laws. Title to the Content remains with OvuLook, LLC or its licensors. Any use of the Content not expressly
permitted by these Terms of Use is a breach of these Terms of
Use and may violate copyright, trademark, and other laws. Content
and features are subject to change or termination without notice
in the editorial discretion of OvuLook, LLC. All rights
not expressly granted herein are reserved to OvuLook, LLC and its licensors.
If you violate any of these Terms of Use, your permission to
use the Content automatically terminates and you must immediately
destroy any copies you have made of any portion of the Content.
If you are dissatisfied with OvuLook.com, any information found
thereon, or with any OvuLook, LLC Terms of Use or Privacy
Policy, your sole and exclusive remedy is to discontinue using
OvuLook.com. The Site, the Content, and any and all services
or products promoted via the Site are provided on an “as
is” basis.
LIABILITY OF OvuLook, LLC
The use of the Site, the Content and any product or service
discussed or promoted via the Site is at your own risk. When
using the Site, information will be transmitted over a medium
that is beyond the control and jurisdiction of OvuLook, LLC and its suppliers. Accordingly, OvuLook, LLC assumes
no liability for or relating to the delay, failure, interruption
or corruption of any data or other information transmitted in
connection with use of the Site.
Additionally, third parties, not OvuLook, LLC, may
sell the products described on the Site. Dietary supplements,
books, ingestible or topical products discussed on the Site may
be sold by parties other than OvuLook, LLC. While OvuLook, LLC receives referral fees in many cases, it does not
control the manufacture or formulation of the products, nor does
it control any statements about products other than those on
OvuLook.com.
Therefore, OvuLook, LLC, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS,
AND FITNESS FOR PARTICULAR PURPOSE.
Specifically, OvuLook, LLC, makes no representations
or warranties that: (1) the services, Content, software, text,
graphics, links or communications provided on or through use
of the Site, by OvuLook, LLC or any third party, are
accurate, reliable, complete, timely or error-free; (2) files
available for downloading from or via this online site will be
free of infection by viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties; (3) the
results that may be obtained from the use of the Services or
Content will be reliable; (4) the quality or efficacy of any
product and/or service of any third party that is discussed,
promoted, obtained, or purchased within or via the Site, its
Services or Content will meet your expectations; or (5) any errors
in the Services or Content will be corrected.
OvuLook, LLC is not liable for any personal injury,
including death, caused by your use or misuse of the Site or
Content or by any products you purchase from a third party. In
no event shall OvuLook, LLC or any third parties be
liable for any damages (including, without limitation, incidental
and consequential damages, personal injury/wrongful death, lost
profits, or damages resulting from lost data or business interruption)
resulting from the use or inability to use the Site or the Content
whether based on warranty, contract, tort or any other legal
theory, and whether or not OvuLook, LLC is advised of
the possibility of such damages. Any liability of OvuLook, LLC shall be limited to the actual damages incurred by you, not
to exceed U.S. $1000.
The above exclusions may not apply in jurisdictions that do
not allow the exclusion of certain warranties. Any claims arising
in connection with your use of the Site or any Content must be
brought within one (1) year of the date of the event giving rise
to such action occurred. Remedies under these Terms of Use are
exclusive and are limited to those expressly provided for in
these Terms of Use.
ADVERTISEMENTS, PRODUCT/SERVICE PROMOTIONS AND LINKS TO OTHER
SITES.
OvuLook, LLC discusses certain products and/or services
of third parties on the Site. In many cases the third-party product
and/or service provider will pay OvuLook, LLC a referral
fee for purchases made by individuals that are referred to it
by OvuLook, LLC.
As noted above, OvuLook, LLC makes no representations
or warranties regarding the efficacy of these products and/or
services, and your use of any product or service that is discussed
or promoted via the Site is at your own risk and is subject to
these Terms of Use. Other than as noted herein, OvuLook, LLC does not endorse the content on any third-party websites.
OvuLook, LLC is not responsible for the content of
linked third-party sites, sites framed within the OvuLook, LLC Site, or third-party advertisements, and does not make any
representations regarding their content or accuracy. Your use
of third-party websites is at your own risk and subject to the
terms and conditions of use for such sites.
USER SUBMISSIONS AND CONTRIBUTIONS
Any information provided when you “Chat Board, or Discussion
Room, or Questionnaires” are subject of our Privacy
Policy.
Beyond that information, any E-mail or other communications or
content you send to any part of this Site is non-confidential
for all purposes. If you make any such submission, you automatically
grant — or warrant that the owner of such content has expressly
granted — OvuLook, LLC a royalty-free, perpetual,
irrevocable, world-wide nonexclusive license to use, reproduce,
create derivative works from, modify, publish, edit, translate,
distribute, perform and display the communication or content
in any media or medium, or any form, format or forum now known
or hereafter developed. OvuLook, LLC may sublicense
its rights through multiple tiers of sublicenses.
INDEMNITY
You agree to defend, indemnify and hold OvuLook, LLC,
its officers, directors, employees, agents, licensors and suppliers,
harmless from and against any claims, actions or demands, liabilities
and settlements including without limitation, reasonable legal
and accounting fees, resulting from, or alleged to result from,
your violation of these Terms of Use.
GENERAL
OvuLook, LLC is based in
Kailua, Hawaii in the United
States of America. OvuLook, LLC makes no claims that
the Content is appropriate, or may be downloaded outside of the
United States. Access to the Content may not be legal by certain
persons or in certain countries. If you access the OvuLook, LLC
Site from outside the United States, you do so at your own risk and are responsible
for compliance with the laws
of your jurisdiction. The following provisions survive the expiration
or termination of these Terms of Use for any reason whatsoever:
Liability, User Submissions, Indemnity, Jurisdiction, Limitations,
and Complete Agreement.
DISPUTES
Any claim or controversy arising out of or related to this Agreement,
the Site, or the services or products provided on or through
the Site shall be settled by binding arbitration to be held in
Kailua, HI in accordance with the rules of the American Arbitration
Association. Any such claim or controversy shall be arbitrated
on an individual basis and shall not be consolidated with a claim
of any other party. The foregoing shall not preclude OvuLook,
LLC from seeking any injunctive relief in any court of competent
jurisdiction for protection of OvuLook, LLC
intellectual property rights.
JURISDICTION
You further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of New York for the enforcement
of this arbitration agreement and of any arbitration award in
connection with any such dispute including any claim involving
OvuLook, LLC or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers
and content providers.
These Terms of Use are governed by the laws of the State of
New York, without respect to its conflict of the laws principles.
If any provision of these Terms of Use is found to be invalid
by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining
provisions of these Terms of Use, which shall remain in full
force and effect. No waiver of any of these Terms of Use shall
be deemed a further or continuing waiver of such term or condition
or any other term or condition.
LIMITATIONS
When the TCI OvuLook™ Ovulation Tester is used correctly
it is an extremely accurate and effective method of determining
when a woman is most likely to conceive. The TCI OvuLook™ Ovulation
Tester was designed to help women understand their ovulation
cycle and serve as an aid to help women achieve pregnancy. This
device is not intended to be, not should it be used for, birth
control.
The TCI OvuLook™ Ovulation Tester is an information tool,
and as such, is subject to individual and variable interpretation
and is dependent on the knowledge of the user. The TCI OvuLook™ Ovulation
Tester is intended to provide information on when you might ovulate,
and will not provide protection from, or information about, pregnancy
or birth control, nor will it provide protection from, or information
about, sexually transmitted diseases.
In no event, shall TCI, or its suppliers, be liable for any
damages, either consequential or incidental, under any circumstances
whatsoever, arising from the use, or inability to use, this product,
even if TCI or its suppliers, have been advised of the possibility
of such damage.
PRODUCT GUARANTEE
TCI OvuLook™ Ovulation Tester is to be used only as directed.
At any time during the first sixty days after purchasing the
TCI OvuLook™, for any reason, you may return it to the
place of purchase for a full refund. Any misuse of the TCI OvuLook™ Ovulation
Tester will VOID all warranties. Your paid receipt is your guarantee:
Please keep it in a safe place. If you have any questions, please
call a Customer Service Representative at 1-866 Ovulation.
REVISIONS TO THIS ENTIRE AGREEMENT
This Agreement may be revised, modified, altered or updated
in the future without notification or cause. You agree that after
consenting, you will be bound by such revisions, modifications,
alterations, or updates. If you do not accept the T erms of the
Agreement, DO NOT USE THIS WEBSITE.
SEVERABILITY
The provisions of this Agreement are severable, and in the event
any provision hereof is determined to be invalid or unenforceable,
such invalidity or unenforceability shall not in any way affect
the validity or enforceability of the remaining provisions hereof.
COMPLETE AGREEMENT
This instrument, as modified from time to time as described
below, and including the policies incorporated by reference,
sets forth the entire understanding and Agreement of the parties
relating to the subject matter hereof, and it supersedes any
prior or contemporaneous understandings of any kind or nature.
By agreeing to these terms, you represent that you are not relying
on any agreement, representation or warranty pertaining to the
subject matter hereof that is not expressly set forth herein.
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