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Menopause Survival Kit
 Sign up for the MenopauseRx Menopause and Perimenopause Survival Kit to receive free educational materials and coupons for products to relieve menopause symptoms including a full sized sample of a Remifemin® black cohosh supplement.
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Agreement Between User
and MenopauseRx, Inc.
Please read the following information carefully before proceeding:
These terms of use are an agreement between MenopauseRx, Inc.
("MenopauseRx, Inc") and users of its website ("you"
or "user"). This agreement (the "Agreement")
also governs your use of the products and services made available
to you by MenopauseRx, Inc through its website (the "Web
Site"). By clicking on the button below marked "I
Accept" or using the Web Site, you acknowledge that you
have reviewed and agree to all of the provisions, disclosures
and disclaimers in this Agreement. MenopauseRx, Inc reserves
the right to modify or supplement any or all of the terms
of this Agreement from time to time without notice to you.
OUR STAFF
Our staff includes, in part, physicians and other health care
professionals. None of our physicians will enter into a physician-patient
relationship with you, and no other Professional Staff will
establish any clinical relationship with you. They can assist
you in your personal, general research but they will not engage
in any conduct that involves the practice of medicine or other
health care profession. The information you obtain from MenopauseRx,
Inc should not substitute for or be used instead of a clinical
or therapeutic relationship with a health care professional.
The Professional Staff will not create or retain any medical
records about you or monitor your care. Our Professional Staff
should not be considered to be your treating or care giving
health care professional and will not communicate with your
own health care provider. Consequently, the information you
obtain from MenopauseRx, Inc should not substitute or be used
instead of a relationship with a health care professional.
All users are encouraged to seek the advice of, and regularly
consult with, physicians and other health care professionals
of their selection.
MenopauseRx, Inc does not clinically evaluate or perform credentialing
of the Professional Staff, because the Professional Staff
are not practicing medicine or providing medical advice, prescriptions
or opinions about individual-specific treatment matters The
Professional Staff do not diagnose or treat any medical conditions
or prescribe medication or treatments for anyone using our
Web Site. The Professional Staff will not accept payment from
you and will not bill any insurance company, government payment
program or other source of health benefits in compensation
for providing services to you on the Web Site.
Please do not share personal medical information of a kind
you would wish to be held confidential in a physician-patient
or similar clinical relationship. The members of our Professional
Staff do not keep any medical records and will not have any
records concerning prior contacts you may have made to our
Web Site. Since the physicians on our Professional Staff are
not in a physician-patient relationship with you, the information
you provide will not be considered a medical record.
You should be aware of the general risks of transmitting information
over the Internet. With the exception of credit card transactions
processed on our Web Site, the Web Site generally does not
use encryption. Credit card transactions are processed through
e-commerce protocols that we believe are standard for the
industry. While MenopauseRx, Inc attempts to prevent unauthorized
persons from accessing our files or tampering with our site,
we cannot guarantee that these efforts will always be successful.
MenopauseRx, Inc shall have the right to use any questions,
comments, or other information submitted by users in books,
articles, commentaries, research or similar ways.
If you decide to seek information or obtain treatment from
any Sponsor (as described below), the Professional Staff will
not follow up or monitor your care.
OUR ADVERTISERS AND VENDORS
Companies contract with us to advertise their products and
services on our Web Site, for which we are compensated. In
addition, vendors of products and services contract with us
to provide an opportunity for you to make purchases from them.
We earn fees from advertisers and vendors who enter into such
arrangements with us, and such fees vary according to our
contracts with each of them. Your decision to make purchases
from our advertisers and vendors is completely voluntary.
We do not credential, or make any representations or warranties
concerning, any advertiser or vendor products or services
or the source of payment for them. You are solely responsible
for payment of all costs or fees associated with the purchase
of goods and services from advertisers and vendors on our
Web Site, including payment of all applicable sales or other
taxes, assessments or fees imposed by applicable law.
CONTACTS WITH OTHERS WEB SITES
MenopauseRx, Inc may include or provide links on its Web Site
to other web sites on the Internet, which may include information,
opinions or recommendations of various individuals, organizations
or companies. In providing such links, MenopauseRx, Inc does
not represent to you that it has investigated the content
of such information, opinions or recommendations, and thus
you understand and agree that MenopauseRx, Inc does not warrant
or guarantee the accuracy of such information or necessarily
endorse, credential or accredit any such opinions, recommendations,
web sites, individuals, organizations or companies. You acknowledge
and agree that MenopauseRx, Inc has no control over such sites
and is not responsible for the availability of such external
sites. You also acknowledge and agree that MenopauseRx, Inc
does not endorse and is not responsible or liable for any
content, advertising, products or other materials on or available
from such sites.
OUR INFORMATION
MenopauseRx, Inc strives to be a valuable resource of timely
information for our users. We cannot ensure that information
we provide is exhaustive or complete on every subject or that
it will necessarily include all of the most recent information
available on a particular topic. This information is of a
general nature and we urge you to review it with your healthcare
provider. Users should never delay, ignore or fail to obtain
medical advice based on information obtained from MenopauseRx,
Inc.
YOUR CONDUCT
We may adopt and revise policies from time to time governing
the conduct of our users, including, without limitation, when
they exchange messages or information, participate in chat
sites or community forums, which policies are incorporated
by reference into this Agreement as noted above. We have the
right, but not the obligation, to review, modify, block or
delete any postings or messages we consider to be potentially
defamatory, obscene, harassing, abusive, threatening or otherwise
intended to or having the effect of interfering with or disrupting
the exchange of information or operation of the Web Site.
You agree not to use the Web Site or information from other
users to send unsolicited commercial messages, or to initiate
unsolicited commercial transactions, either individually or
in a mass mailing or message distribution. If you post information,
or other materials on the Web Site, you agree and represent
and warrant that you have all rights under applicable law,
including without limitation, copyright, trademark, trade
secret, or other intellectual property laws, that permit you
to provide this information on the Web Site and that we and
all users have the right to download and use that information,
software or other materials. You warrant to MenopauseRx, Inc
that you will not use this Web Site for any purpose that is
unlawful or prohibited by this Agreement of use in any manner.
PERSONAL USE LIMITATION
You acknowledge and agree that this Web Site is for your personal
and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer or sell any information obtained
from this Web Site.
MISCELLANEOUS
INFORMATION SUPPLIED BY MENOPAUSERX, INC IS PROVIDED "AS
IS" AND NEITHER MENOPAUSERX, INC NOR ANY OF THE PROFESSIONAL
STAFF, INCLUDING WITHOUT LIMITATION OUR PHYSICIANS AND SPONSORS,
MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS
OF THIS WEBSITE OR INFORMATION FURNISHED BY THEM OR OUR AGENTS,
EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO
THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS,
NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION
OR PURPOSE. YOU HEREBY ALSO AGREE THAT MENOPAUSERX, INC, AND
ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES,
SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS
OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THIS
WEB SITE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER
INTERACTION WITH MENOPAUSERX, INC OR ITS SUBSIDIARIES. IN
DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY
ANY LIABILITY OF MENOPAUSERX, INC OR ITS SUBSIDIARIES.
MenopauseRx, Inc cannot make any representation or warranty
concerning errors, omissions, delays or other defects in the
information supplied to users, or that its files are free
of viruses, worms, Trojan horses or other code that include
or manifest contaminating or destructive characteristics.
When we receive an e-mail, we make reasonable efforts to respond
in as timely a manner as possible but MenopauseRx, Inc does
not guarantee that it will respond to all inquiries. We reserve
the right to ignore or delete any information including, without
limitation, information that is fraudulent, abusive, defamatory,
obscene or in violation of a copyright, trademark or other
intellectual property or ownership right of any other person.
You agree to indemnify and hold harmless MenopauseRx, Inc,
its affiliates and their respective officers directors, agents,
and employees from and against any claim, demand, or cause
of action, including any(including attorneys fees) arising
out of claims based on any aspect of your use of the Web Site,
including without limitation, (i) claims based on defamation
or other conduct by you in using the Website, or (ii) your
violation of any intellectual property laws including without
limitation those relating to copyright, trademarks or trade
secrets.
If any clause or provision set forth herein is determined
to be illegal, invalid or unenforceable under present or future
law, then, in that event, you understand and agree that the
clause or provision so determined to be illegal, invalid or
unenforceable shall be severable without affecting the enforceability
of all remaining clauses or provisions. The application of
these provisions, disclosures, terms, conditions and disclaimers
and all other matters arising from your use of this Website
or of any information you obtain from MenopauseRx, Inc shall
be governed by the laws of the United States of America. Any
claims, disputes or other controversies relating to or arising
from these provisions, disclosures and disclaimers or from
your use of this Web Site or any information you receive from
MenopauseRx, Inc shall be brought exclusively in the United
States District Court and you hereby expressly consent to
the exercise of jurisdiction over you by such courts. To the
fullest extent permitted by applicable law, each party to
this Agreement waives its or his right to a jury trial with
respect to any action brought under or in connection with
this Agreement.
This Agreement constitutes your entire agreement with MenopauseRx,
Inc and supersedes all prior or contemporaneous communications,
proposals or agreements, whether oral or written, between
us. You agree that this agreement takes effect on your first
use of the Web Site, and that it applies to all persons accessing
the Website from your computer. You agree and are obligated
to regularly review this Agreement for changes and agree to
those changes by continuing to use the Web Site. MenopauseRx,
Inc has the right to amend this Agreement at any time without
notice to you by making changes to this Agreement as posted.
The headings used in these terms of use are for convenience
only and such headings are not to be used in determining the
meaning or interpretation of these terms of use.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising from or out of use of
the Website must be filed within one (1) year after such claim
or cause of arose.
You acknowledge that the provisions, disclosures and disclaimers
set forth in this Agreement are fair and reasonable and your
agreement to follow and be bound by them is not the result
of fraud, duress or undue influence exercised upon you by
any person or entity. Notwithstanding any provisions of this
Agreement, MenopauseRx, Inc has available all remedies at
law or equity to enforce this Agreement. There are no representations,
promises, warranties or undertakings by MenopauseRx, Inc contrary
to those set forth above.
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