PLEASE READ THESE TERMS OF USE, TOGETHER WITH ANY DOCUMENTS THEY EXPRESSLY INCORPORATE BY REFERENCE (COLLECTIVELY THE “TERMS OF USE”) CAREFULLY BEFORE USING THE WEB SITE, WWW.LUMENAFERTILITYANDWELLNESS.COM (THE “WEBSITE”). USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.
These Terms of Use govern your access to and use of the Website, including any content, functionality and services offered on or through the Website (collectively, the “Services”), whether as a guest or a registered user. Any reference to “Company, “We,” or “Us” shall mean Lumena Fertility & Wellness Clinic, S.C.
The Company authorizes you to view and access the “Content” through the Services strictly in accordance with and subject to these Terms of Use, the Company’s Privacy Policy (“Privacy Policy”), and the Company’s Disclaimer (“Disclaimer”). “Content” includes the entire content and materials accessible through the Services, including, without limitation, materials, information, artwork, graphics, images, text, logos, button icons, photos, audio, video, questionnaires, software, and data. Your use of the Services constitutes your agreement to these Terms of Use, the Privacy Policy, and the Disclaimer. Except as expressly permitted in writing under any agreement between you and the Company, you may not modify, reproduce, distribute, display, perform or otherwise use the Content for any public or commercial purpose, in any form or by any means, including, without limitation, electronic (including without limitation screen scraping), mechanical, photocopying, recording or otherwise without the permission of the Company or the copyright owner of the Content. For purposes of these Terms of Use, any use of the Content on any other web site or networked computer environment for any purpose is prohibited. You are not permitted to decompile, reverse engineer, modify or prepare derivative works of the Content. You acknowledge and agree that you are fully capable and authorized to enter into this binding agreement on behalf of yourself and any organization on whose behalf you may act.
If you do not agree with the terms of these Terms of Use, the Privacy Policy, or the Disclaimer, you may not use the Services. If you breach any of these Terms of Use, your authorization to use the Services automatically terminates and you must immediately destroy any downloaded or printed Content.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We reserve the right to change the terms, conditions, and notices under which the Services are offered at any time in our sole discretion with or without notice, and will update the Website in the event of any changes.
All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. The most current version of the Terms of Use will supersede all previous versions. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Privacy Policy
Your use of the Website is also subject to the Company’s Privacy Policy which is incorporated herein by reference. The Privacy Policy informs users of our data collection practices. Through your use of the Website, you accept and agree to be bound by the terms of the Privacy Policy.
Disclaimer Policy
Your use of the Website is also subject to the Company’s Disclaimer which is incorporated herein by reference. The Disclaimer informs users of various limitations regarding the information provided on the Website. Through your use of the Website, you accept and agree to be bound by the terms and conditions of the Company’s Disclaimer.
Accessing the Website and Account Security
We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, is governed by our Privacy Policy and our Disclaimer, and you consent to all actions we take with respect to your information consistent with our Privacy Policy and Disclaimer.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session and not to access your account from a public or shared computer or via public wi-fi.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available from the Website for any purpose that is unlawful or prohibited by these Terms of Use. 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, trademarks and other laws. You may not use the Website or any of the resources available from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
By way of example and not limitation, you agree that, when visiting or using the Website, you will: (a) not defame, abuse, harass, stalk, or threaten any person or party or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) not submit, publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, abusive, obscene, indecent, vulgar, slanderous, hateful, threatening, sexually-oriented, pornographic, misleading, fraudulent, otherwise objectionable material of any kind or any other material that may violate any applicable laws or violate or infringe any third party rights or violate any confidentiality obligations; (c) harvest or otherwise collect information about others, including e-mail addresses, without their consent (and the Company’s consent); (d) comply with all of the Company’s requirements, procedures, policies regarding visitation and use of the Website and all applicable laws and regulations; and (e) not to upload, email, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment.
The Company reserves the right to limit or terminate your access to the Website at any time without notice for any reason whatsoever in addition to all other rights and remedies.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion and in accordance with the Company’s Privacy Policy and Disclaimer.
Intellectual Property
Copyright: Unless otherwise indicated, all Content on the Site is copyright protected by United States law and international treaties and the copyright is held by the Company or the original creator of the Content. The Company also claims copyright in the look and feel attributes of the Website, as well as the selection, coordination, and arrangement of the Content. You have no right to copy Content from the Services, including downloading or printing or to distribute the materials in any way, including transmitting them in electronic form, etc. Permission to use the materials other than as authorized hereunder must be granted in writing prior to the use.
Trademarks and Service Marks: Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this Website are the property of the Company. These marks may only be used with written consent from the Company.
Other Intellectual Property Rights: The Website and any services sold through the Site may be protected by other forms of intellectual property or proprietary rights, such as patent and trade secret law. The Company reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of the law.
The Company and its licensors retain full ownership of all Content on the Website.
For Educational and Informational Purposes Only
As set forth more fully in the Disclaimer, the Content contained on this Website and the resources available through this Website are for educational and informational purposes only, and are is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice. The Company reserves the right to alter the Content and functionality of the Website.
Links to Third Party Websites and Services
The Website may contain links to other websites (“Linked Website”). The Linked Websites are not under the control of the Company. The Company is not responsible for the content of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company does not make any representations or warranties regarding the Linked Website’s content, functionality, or policies, or accuracy. You navigate to those Linked Websites at your own risk. The Company provides these links to you only as a convenience, and its inclusion does not imply endorsement by the Company of the Linked Website or any association with its operators. A Linked Website may have different privacy policies and terms of use over which the Company has no control.
Warranty Disclaimer and Liability Limitation
You agree to use the Website strictly at your own risk and that you are solely responsible for the content of your communications, whether uploaded, emailed or otherwise transmitted. The Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of this Website.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE WEBSITE AND THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” “WHERE IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. THE COMPANY FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY, RELIABLITY, CORRECTNESS, TIMELINESS, OR COMPLETENESS OF THE CONTENT MATERIAL OR THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. THE COMPANY MAKES NO COMMITMENT TO UPDATE THE CONTENT OF THIS WEBSITE OR TO MAKE ANY NOTIFICATION OF ANY CHANGES. THE COMPANY DISCLAIMS ANY LIABILITY FOR YOUR USE OF SUCH INFORMATION. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EQUITABLE, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER WITH RESPECT TO THE WEBSITE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJUIRY/WRONGFUL DEATH, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF ANY USE OF THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY FURTHER DISCLAIMS ANY LIABLITY FOR INFRINGING MATERIAL, SOFTWARE DOWNLOADS, OR HARMFUL CODE, INCLUDING VIRUSES, WORMS, TORJAN HORSES OR SIMILAR MATERIALS. THE COMPANY IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSE BY YOUR USE OR MISUSE OF THE WEBSITE OR CONTENT.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
No Guarantees as to Results
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognize that prior results do not guarantee a similar outcome. The results obtained by others are no guarantee that you or any other person or entity will be able to obtain similar results.
Indemnification
You agree to indemnify, defend, and hold the Company, its officers, directors, employees, agents licensors, suppliers, and third parties, harmless from and against any claims, actions, demands, losses, costs, liabilities, settlements, and expenses (including without limitation, reasonable attorneys’ or accounting fees) relating to or arising out of your use of or inability to use the Website or services, your violation of these Terms of Use, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
No Joint Venture or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement
Unless otherwise specified herein, these Terms of Use, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between you and the Company with respect to the Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Website.
DMCA and Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send the Company a notice requesting that we remove the material or block access to it. Notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to Lumena Fertility & Wellness Clinic, S.C.
Address: 1369 N Port Washington Rd Ste 362 Grafton, WI 53024
Phone: 414-375-5135
We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA.
Severability
If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions and the remainder of the Terms of Use shall continue in effect.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with the Company, or in any way relating to your use of the Website, resides in the courts of Dane County, State of Wisconsin, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Dane County in the State of Wisconsin in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms of Use are governed by the internal substantive laws of the State of Wisconsin, without regard to its conflict of 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.
General
The Company 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 Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Sections 2, 3, 5, 6, 9, 11, 12, 13, and 16 survive the expiration or termination of these Terms of Use for any reason whatsoever. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Contact Us
The Company welcomes your questions or comments regarding the Terms:
Lumena Fertility & Wellness Clinic, S.C.