“ovaflow.com” (the “Information Site”), together with the Information Site, the “Sites”), as well as any other online and mobile application operated by the company on behalf of itself and/or its affiliates that post a link to these Terms. It is important that you read these Terms carefully, as your use of the Sites constitutes your agreement to follow and be bound by them. If you do not agree to these Terms, you should not access or use the Sites. Even if you bookmark a specific portion of any of the Sites and bypass these Terms, your use of the Sites still binds you to these Terms. The company reserves the right to make changes to the Sites and to these Terms from time to time. When these changes are made, they will be posted here. We encourage you to review these Terms whenever you use our Sites, as by visiting any of the Sites, you agree to accept any such changes. The company provides you with access to and use of the Sites subject to your compliance with these Terms.
The Sites, including all of their information and content such as text, data, articles, newsletters, graphics, and images, are the property of Company or our suppliers, partners, or licensees and are protected by patent, trademark, and copyright laws in the United States and other countries. You are not allowed to copy, reproduce, republish, upload, post, transmit, or distribute any material from the Sites for any public or commercial purpose without the prior written permission of Company. However, we do grant you a limited, personal, non-exclusive, and non-transferable license to access the Sites and use the information and services provided on them. You are also not allowed to use, download, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any pages from this Site for any public or commercial purpose without the specific written permission of Company.
We may make changes to the products and services offered on our Sites at any time and without notice. These changes may include revising the features and availability of the Sites or terminating, altering, or suspending access to all or part of the Sites. We will not be liable to you or any third party for making these changes. We reserve the right to impose rules for and limits on the use of our Sites or restrict access to part or all of the Sites without notice or penalty. These rules and limits may be modified at any time in our sole discretion.
- Proprietary Rights
The Sites and their content, including text, data, images, and other material, are owned by Company or its partners, affiliates, or licensors, and are protected by intellectual property laws. You are not allowed to copy, reproduce, republish, upload, post, transmit, or distribute any material from the Sites without the prior written consent of Company. However, we grant you a personal, non-exclusive, non-transferable license to access and use the information and services on the Sites. We reserve the right to make changes to the products and services on the Sites and to terminate, modify, or suspend any aspect of the Sites at any time without notice or liability. We may also impose rules for and limitations on the use of the Sites or restrict access to parts or all of the Sites without notice or penalty. We have the right to change these rules and limitations at any time in our sole discretion. All trademarks, trade names, and service marks on the Sites are owned by Company or authorized for use by Company, unless otherwise indicated. The use of these marks without the prior written consent of Company is prohibited.
2. Medical Information
The content and information presented on the Information Site are for educational purposes only and are not intended as a substitute for medical counseling. Before beginning any diet or fitness program, it is important to consult with a healthcare provider to determine if the program is suitable for your needs. If your healthcare provider advises against starting a diet or fitness program, or if you have certain medical conditions, we reserve the right to refuse or cancel your membership or use of the Site. We also reserve the right to cancel your user account if you violate the terms and conditions of this agreement or any other posted policies on the Site.
A. Minimum Age Requirements:
You must be 13 years of age or older to use the Sites.
By accessing the company’s websites and services, you acknowledge that the company is based in the United States and that your information may be processed and stored in the U.S. As a result, it is possible that U.S. governments, courts, law enforcement agencies, or regulatory bodies may be able to obtain disclosure of your information in accordance with the laws of the U.S.
As part of the service provided on the company’s websites, you may receive periodic email communications from the company. These emails may be necessary to provide or notify you of updates concerning the services or websites, (“Service Emails”). By using the company’s services, you consent to receive these emails even if you have previously requested not to receive additional emails. Email communications are an essential part of the services provided on the websites, and it is not possible to maintain access to the websites and opt out of receiving Service Emails from the company.
C. Promotions: The company may offer contests, sweepstakes, games, and other promotions on its websites from time to time. The rules, regulations, and procedures for these promotions will be accessible through a hyperlink on the webpage where the promotion is located. By participating in any of these promotions, you agree to be bound by the rules, regulations, and procedures. It is important to read the rules carefully before participating.
D. Limited License: The company grants you a limited, personal, non-exclusive, non-sublicensable, and non-transferable license to access the websites and use the services provided on them. Unless otherwise specified in writing, the services are intended for your personal, non-commercial use.
E. User/Member Submissions: By using the company’s websites, you acknowledge that any comments, feedback, postcards, suggestions, ideas, or other submissions that you disclose, submit, or offer to the company on or through the websites, or in connection with your use of the websites (collectively “Submissions”), will be the property of the company. This means that by disclosing, submitting, or offering any Submissions, you are assigning to the company all worldwide rights, titles, and interests in and to the Submissions, and the company will be free to use, commercially or otherwise, any Submissions without any limitations. The company is not required to maintain the confidentiality of any Submissions, to compensate you for any Submissions, or to respond to any Submissions.
You agree that any Submissions you make to the company’s websites will not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You also agree that your Submissions will not contain any libelous, unlawful, abusive, or obscene material. You are solely responsible for the content of any Submissions you make.
F. Prohibited Activities: In connection with your use of the company’s websites, you agree that you will not:
(i) copy, reverse engineer, reverse assemble, attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained through the websites;
(ii) access the websites through any means other than the standard industry-accepted or company-provided interfaces;
(iii) transmit or post any message, information, data, text, software, image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, which may invade another’s right of privacy or publicity;
(iv) impersonate any person or entity, including, without limitation, a company official, forum leader, chat room monitor, guide, or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
(v) post or transmit any material that contains a virus or corrupted data;
(vi) delete any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature;
(vii) engage in conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any city, state, national, or international law or regulation that would fail to comply with accepted Internet protocol, and communicate, transmit, or post material that is in violation of applicable laws or regulations;
(viii) upload or transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(ix) delete or revise any material posted by any other person or entity;
(x) communicate, transmit, or transfer (by any means) information or software derived from the websites to foreign countries or certain foreign nations in violation of any applicable export control laws;
(xi) manipulate or otherwise display the websites by using framing or similar navigational technology;
(xii) attempt to interfere in any way with the websites’ or company’s networks or network security, or attempting to use the websites’ service to gain unauthorized access to any other computer system;
(xiii) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any company product or service if you are not expressly authorized by such party to do so;
(xiv) use the websites for any purpose that is unlawful or prohibited by these terms and conditions.
You may not use the websites in any manner that could damage, disable, overburden, or impair the company’s servers or networks, or interfere with any other user’s use and enjoyment of the websites. You may not attempt to gain unauthorized access to the websites, services, accounts, computer systems, or networks connected to the company through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the websites.
G. Security Rules: Violations of system or network security may result in civil or criminal liability. The company will investigate any occurrences of security violations and may involve law enforcement authorities in prosecuting any users or members who are involved in such violations. You are prohibited from violating or attempting to violate the security of the company’s websites, including, but not limited to:
(i) accessing data that is not intended for you or logging on to a company server or account without authorization;
(ii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
(iii) attempting to interfere with the operation of the websites, the provision of services to other visitors to the websites, the company’s hosting provider, or the company’s network, including, but not limited to, submitting a virus to the websites, overloading, “flooding,” “mailbombing,” or “crashing” the websites;
(iv) forging any TCP/IP packet header or any part of the header information in any email or transmission, or posting to the websites.
H. Disclaimers and Limitation of Liability: The company publishes information on its websites as a convenience to its visitors. However, there may be occasional technical or factual inaccuracies and typographical errors. The company reserves the right to make corrections and changes to the websites at any time without notice (including, but not limited to, after you have submitted a purchase order). The company does not guarantee that the information on the websites is appropriate for all locations, or that the products described on the shopping website will be available for purchase in all jurisdictions.
YOU AGREE THAT YOUR USE OF THE COMPANY’S WEBSITES IS AT YOUR OWN RISK, AND THAT THE WEBSITES AND THE CONTENT AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITES ARE PROVIDED “AS IS.” THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITES AND THE CONTENT AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THE COMPANY WILL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
NO ADVICE, RESULTS, OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE WEBSITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITES.
Company does not endorse, warrant, or guarantee any products or services offered or provided by third parties on the company’s websites. Additionally, the company does not make any representations or warranties regarding any non-company websites that you may be directed or linked to from the company’s websites. Hyperlinks to these websites are provided for your convenience only, and the company is not responsible for the accuracy, availability, suitability, or safety of the information provided on these non-company websites. The company also has no responsibility for the privacy practices of these non-company websites.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF, OR INABILITY TO USE, THE COMPANY’S WEBSITES OR THE CONTENT OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, ANTICIPATED PROFITS, LOST BUSINESS, DATA, OR SALES, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
I. You agree to indemnify and hold the company, its directors, officers, employees, agents, licensors, suppliers, and affiliates harmless from and against any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees and costs, that arise in any way from your use of the company’s websites, the violation of these terms by you or any other person accessing the websites through your account, or the posting or transmission of any materials on or through the websites by you or any other person accessing the websites through your account. This includes, but is not limited to, any third-party claim that any information or materials infringe upon any third party’s proprietary rights.
J. Any disputes relating in any way to these Terms, your visit to the company’s websites, or to any transactions with the company shall be resolved through confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any of the company’s intellectual property rights, the company may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under these Terms shall be conducted in accordance with the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Company may deliver notices to you through various means including electronic mail, a general notice posted on the websites.
K. The company operates and controls the websites from the United States, and all information is processed within the United States. We do not guarantee that the materials on the websites are suitable or available for use in other locations. You must comply with all relevant laws, regulations, and rules in connection with your use of the websites. Software that can be downloaded from the websites is subject to export controls under the laws and regulations of the United States. By accessing and using our websites, you acknowledge that you are not a national or resident of any countries that are subject to trade embargoes under these laws and regulations (including, but not limited to, Iran, North Korea, Sudan, and Syria) or are listed on any of the United States government’s lists of prohibited and restricted parties.
Fact Checking Policy