Terms of Use

Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Womenetics web site located at www.Womenetics.com (or any successor web site(s) thereto) (the “Site”), and all associated sites linked to www.Womenetics.com by Womenetics, its advertisers and sponsors. The Site is the property of Womenetics, Inc.. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Womenetics reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Womenetics grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site (collectively, “Content”) is owned, controlled or licensed by or to Womenetics, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including, without limitation, “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise or use, without Womenetics’s express prior written consent.

Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Womenetics reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Womenetics server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Womenetics, including any Womenetics account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personally-identifiable information, other than your own information, as provided for by the Site. You agree not to collect or harvest any personally-identifiable information from the Site or to use the Site or any information thereon for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any user of the Site, any customer of Womenetics or any third-party provider of Content.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Womenetics’s systems or networks, or any systems or networks connected to the Site or to Womenetics. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Womenetics on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes upon the rights of Womenetics or others.

Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including, without limitation, events, groups, polls, surveys, contests, sweepstakes, promotions or other similar features, all of which terms are hereby incorporated by reference within, made a part of, these Terms of Use. You agree to abide by such other terms and conditions, including, without limitation, where applicable representing and warranting that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control only with respect to your use of that portion of the Site or the specific service.

Accounts, Passwords and Security
Certain features or Content offered on or through the Site may require you to create an account (including setting up an Womenetics username and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Womenetics immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Womenetics or any other user of or visitor to the Site due to someone else using your Womenetics username, password or account. You may not use anyone else’s Womenetics username, password or account at any time without the express permission and consent of the holder of that Womenetics username, password or account. Womenetics cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
Womenetics’s Privacy Policy applies to use of this Site, and its terms are hereby incorporated by reference within, and made a part of, these Terms of Use. To view Womenetics’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted, and you hereby acknowledge and agree that Womenetics shall not be liable or responsible for any disclosure or loss of data that you send to or post on the Site or on the computer servers of Womenetics or its third-party service providers.

Links to Other Sites and to the Womenetics Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Womenetics’s control, and Womenetics is not responsible for and does not endorse the content of such Linked Sites, including, without limitation, any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites, and by using the Site, you expressly release Womenetics from any and all liability arising from your use of any Linked Sites.

Disclaimers
Womenetics DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Womenetics CANNOT AND DOES NOT ENSURE, REPRESENT OR WARRANT THAT ANY CONTENT, FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Womenetics DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Womenetics DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Womenetics SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Womenetics FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access, alteration, or use, whether based upon breach of contract, tort, negligence or any other cause of action. Womenetics reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site or any Content thereon, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
In no event will Womenetics be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Womenetics has been advised of the possibility of such damages. The foregoing limitation and exclusion of liability shall apply to the fullest extent permitted by law in each applicable jurisdiction.

Indemnity
You agree to indemnify and hold Womenetics, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, third-party licensors, subsidiaries and affiliates, harmless from any demands, losses, liabilities or expenses (including, without limitation, attorneys’ fees), made against or incurred by Womenetics based upon any third party claim due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use
Womenetics may disclose any information we have about you (including, without limitation, your identity) if we determine, in our sole discretion, that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Womenetics’s rights or property, or the rights or property of visitors to or users of the Site, including, without limitation, Womenetics’s customers. Womenetics reserves the right at all times to disclose any information that Womenetics, in its sole discretion, deems necessary to comply with any applicable law, regulation, legal process or governmental request. Womenetics also may disclose your information when Womenetics determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Womenetics may preserve any transmittal or communication by you with Womenetics through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Womenetics determines, in its sole discretion, that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Womenetics, its employees, users of or visitors to the Site, and/or the public.

You agree that Womenetics may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Womenetics, for which monetary damages would be inadequate, and you consent to Womenetics obtaining any injunctive or equitable relief, without the requirement of posting a bond that Womenetics deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Womenetics may have at law or in equity. You agree that Womenetics may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Womenetics does take any legal action against you as a result of your violation of these Terms of Use, Womenetics will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Womenetics. You agree that Womenetics will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Void Where Prohibited
Womenetics’ web sites, other than the Site, may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Womenetics reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and at your sole risk and liability, and you are solely responsible for complying with any and all applicable local laws, rules and regulations.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws, rules or regulations, including, without limitation, United States export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Womenetics with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Womenetics with respect to such use are hereby superseded and cancelled. Womenetics will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Womenetics’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Womenetics of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Womenetics and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Womenetics may provide access to Womenetics international data; and, therefore, the Site may contain references or cross references to Womenetics products, programs and services that are not announced in your country. Any such reference does not imply that Womenetics intends to announce or offer such products, programs or services in your country. You agree (i) that the Site shall be deemed solely based in Atlanta, Georgia USA; and (ii) the Site shall be deemed a passive web site that does not give rise to personal jurisdiction over Womenetics (either specific or general) in jurisdictions other than State of Georgia, USA. These Terms of Use shall be governed by the internal substantive laws of the State of Georgia, USA, without regard to its conflicts of law principles, any and all legal disputes hereunder shall be brought and heard in the state and Federal courts located in Fulton County, Georgia, USA.

Feedback and Information
Any feedback you provide at, to, or regarding the Site shall be deemed to be non-confidential. Womenetics shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.