This Agreement describes the terms and conditions to the use of the OvaCue website (a Property of Fairhaven Health, LLC). Fairhaven Health, LLC, is not responsible for any errors or omissions or for the results obtained from the use of any information, provided on the OvaCue website.
Information on this site is not meant to substitute for the advice of a physician or medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
The term “Content” applies to any information, data, any images, and art design of any type on the OvaCue website (“Site”). Where applicable, content on the OvaCue website is subject to the disclaimer: “These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent disease.”
This is a Contract
Permitted Use/Proprietary Rights
All information and content available on the OvaCue website is protected by copyrights, trademarks and other proprietary rights or laws. Without the permission of Fairhaven Health, LLC, you may not download, copy, modify, or display works based upon the Content. All rights not expressly granted herein are reserved.
Any reproduction, except for your personal non-commercial use, or republication, distribution, assignment, sublicense, sale or creation of derivative works, of all or any portion of the Content viewed or accessed from the Site without the express written permission of Fairhaven Health, LLC is expressly prohibited. You may not copy, post, or upload any Content to another Internet website, any public or private bulletin board system, or any other electronic network or Internet service.
You understand and agree that the information and Content available on the Site may contain valuable proprietary rights and that any unauthorized, unlicensed, or prohibited disclosure, distribution, copying, or use of any kind of this information and Content (“Unauthorized Use”) could result in substantial and irreparable harm to the Content Provider, Fairhaven Health, LLC. Any Unauthorized Use by you shall be deemed an infringement of the rights of Fairhaven Health, LLC. You agree to bear full responsibility for the consequences of any Unauthorized Use by you or anyone acting on your behalf, including civil liability and criminal prosecution. Notwithstanding any other remedies, you agree that Fairhaven Health, LLC shall be entitled as a matter of right, and without notice, to equitable relief by way of injunction or otherwise, in the event of any Unauthorized Use by you.
You acknowledge Fairhaven Health, LLC’s proprietary rights, including any and all copyrights and trademarks, in the OvaCue name. You agree not to violate the applicable copyrights or trademarks protecting the Fairhaven Health, LLC Property. You will indemnify Fairhaven Health, LLC, for any and all costs and expenses (including attorneys’ fees) associated with any legal action brought by or against you with respect to the Fairhaven Health, LLC, Property.
Unauthorized Access of the Site
Unauthorized access of the Site, including by entering or monitoring the Site on any level other than through the Registration/Home Page, is expressly prohibited.
Disclaimer of Warranties
Fairhaven Health, LLC, does not warrant or make any representations regarding the operation of the Site, the use, validity, or the results of the use of the materials or Content on this Site, the products or services obtained through this Site or any other websites linked to this Site, or any transactions entered into through this Site. You use any and all Content at your own risk. Fairhaven Health, LLC, is not responsible for any errors or omissions or for the results obtained from the use of any information, provided on this Site. Information on this site is not meant to substitute for the advice of a physician or medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
While it makes every effort to make sure its Site is always available to you, Fairhaven Health, LLC, does not guarantee that the Site, software, materials or products will be uninterrupted, timely, secure, or free of errors, or that any defects in the Site, software, materials or products will be corrected.
Limitation of Liability
IN NO EVENT SHALL FAIRHAVEN HEALTH, LLC, OR ITS AFFILIATES, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF FAIRHAVEN HEALTH, LLC, HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TOFAIRHAVEN HEALTH, LLC’S SERVICE, THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF FAIRHAVEN HEALTH, LLC, OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Release, Waiver and Covenant Not to Sue
To the fullest extent allowed by law, you hereby release and discharge Fairhaven Health, LLC, its affiliates, employees, business partners, customers and any other authorized agent or representative of Fairhaven Health, LLC, from any and all liability associated with your use of the Site. This release shall apply to any and all claims, whether known or unknown, held by you.
You hereby also agree and covenant not to sue, and expressly waives any and all claims against, Fairhaven Health, LLC, for any claim that is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement.
Fairhaven Health, LLC, may terminate this Agreement, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Agreement: Permitted Use/Proprietary Rights; Unauthorized Access of Site; Linking and Framing Prohibited; Disclaimer of Warranties; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and, Governing Law and Jurisdiction.
Governing Law and Jurisdiction
Last Updated February 22, 2011.
© 2011 Fairhaven Health, LLC