By continuing to use theServices, You agree as follows:
· You are at least 18 years old or have been legally emancipated;
And if Your minor child is using the Services, You are the legal parent or guardian of the child(ren) that will use the Services and You agree to allow your child(ren) to use the Services;
· You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;
· You will use the Services in a manner consistent with applicable laws and regulations and these Terms, as they may be amended by Pelex, Inc.from time to time; and
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTESDESCRIBED IN THE ARBITRATION SECTION HIGHLIGHTED IN THE TERMS, YOU AGREE THATDISPUTES BETWEEN YOU AND PELEX, INC. WILL BE RESOLVED BY BINDING, INDIVIDUALARBITRATION. BY CONTINUING TO USE THE SERVICES, AND UNLESS YOU OPT-OUT, YOUWAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDEARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING INFO@PELEXMED.COMWITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Last Updated: 9/8/2021
Pelex provides a telemedicine-based platform intended for women and couples to receive reproductive endocrine care (the “Services”).Services are provided online with all provider-patient interaction taking place via secure platforms. Pelex providers may prescribe medication to be dispensed at Your chosen third-party pharmacy. Baseline diagnostic testing is often required as part of treatment, and is performed by a third-party physical laboratory service. The Pelex website, pelexmed.com (the “Website”), is a place where Users can view health-related information, communicate with Pelex providers and administrators, set up appointments, and learn about additional services.
If at any time You are concerned about the care or treatment You receive from healthcare professionals affiliated with the Pelex, please contact your primary care physician or other current treatment provider. If You believe or suspect or someone else advises You that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
While we do confirm the credentials of the healthcare professionals providing services through the Platform, we do not validate that any such persons are providing clinical services in accordance with laws applicable to that professional’s area of practice (e.g., practice of medicine, practice of nursing).
General information available through the Platform about medical conditions, symptomology, available drugs, treatment options, or other general information such as educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay in obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Platform. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately.
You must register to create an account (“User Account”) and become a “Registered User” to use the Services. To register, You must create a username and provide Your name, Your email address, Your mailing address, Your date of birth, and Your phone number (“Registration Data”). You may change or correct information in Your account by contacting Pelex at email@example.com.You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so.
By registering for an account and using the Services, You represent and warrant:
1. That You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
2. Your registration data is true, accurate, current, and complete;
3. You will update Your registration data as needed to maintain its accuracy;
4. You are authorized to create a User Account(either for Yourself or another person);
5. If you are receiving Services through our Platform, You are physically located in the State you choose/have chosen as your current location. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the healthcare providers you access are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify Us and the healthcare providers you interact with from any resulting damages, costs or claims as set forth in the Indemnification Section below; and
6. You are legally authorized to view information stored in the Platform.
With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included at the end of these Terms, Pelex reserves the right to change or modify these Terms at anytime without prior notice to You. If we change or modify these Terms, we will let You know by (1) posting a new version of the Terms to the Platform; and (2)delivering an updated version of the Terms to you via email.
If You continue to use the Services after we have let You know that we have made changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your device or computer.
Pelex owns the Services. Subject to Your compliance with these Terms, Pelex grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services by accessing the Pelex on your personal computer or mobile device. THE SERVICES ARE FOR YOUR PERSONAL USE ONLYAND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE PLATFORM. You may not use the Services for any other purpose than what is allowed under these Terms without Pelex’s express written permission.
You may not use Pelex’s name, trademarks, service marks, or logos, or those of third parties appearing on the Services in any advertising or publicity or to otherwise indicate Pelex’s or such third-party’s sponsorship or affiliation with any product or service without express written permission from Pelex or such third-party.
Pelex imposes certain restrictions on Your use of the Services. While using the Platform, You shall not:
Pelex is not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance with these Terms, and to respond to law enforcement or other government agencies if and when we are required to. Pelex reserves the right to suspend or terminate Your use of the Services without notice to You if You partake in any of the prohibited uses described above.
The Platform is designed to require users to create a username and password to access and use the Platform. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (A) maintaining the strict confidentiality of Your User Credentials, (B) not allowing another person touse Your User Credentials to access the Platform, (C) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware ofthose activities. You agree to immediately notify Pelex in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account.
PELEX WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS ARESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOURKNOWLEDGE. PELEX IS NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM ORRELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TOYOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OFYOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOUWERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by Pelex or its affiliates, officers, directors, employees, consultants, agents, and/or its representatives (“Company Representatives”) due to someone else’s use of Your account or password, regardless of whether You were aware of such use.
We are not responsible for nor liable to You or any third party for a third party’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft or misuse of Personal Data, whether or not such treatment violates applicable law.
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems")necessary for You to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITYRISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOUEXPRESSLY ASSUME SUCH RISKS.
In providing the Services, You may receive periodic email communications regarding the Services and information regarding the Services, which are part of the Services and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials We believe might be of interest to You. You can opt-out of receiving these promotional messages at any time by following the unsubscribe instructions contained in each newsletter.
YOU AGREE THAT PELEX WILL NOT,UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FORANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, AND OTHER CONTENT(“THIRD PARTY MATTERS”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES ORTHIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FORANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITHYOUR USE OR RELIANCE ON THE THIRD-PARTY MATTERS. Any reference in the Platform to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply Pelex’s endorsement or recommendation.
You represent and warrant that Your use of the Services willbe in accordance with these Terms and all applicable laws, regulations, rules, and any Pelex policies and procedures Pelex provides to You in writing. Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONALDATA WITH US.
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANYKIND, EXPRESS OR IMPLIED. PELEX EXPLICITLY DISCLAIMS ANY WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT ORNON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGEOF TRADE. WE MAKE NO WARRANTY THAT THESERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON ANUNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF THE SERVICES OR THEACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,OBTAINED FROM PELEX OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANYWARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONSAND INTERACTIONS WITHIN THE PLATFORMAND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OFYOUR USE OF THE PLATFORM,INCLUDING, WITHOUT LIMITATION, PROVIDERS, CLINICIANS/CAREGIVERS, AND OTHERAUTHORIZED THIRD PARTIES. PELEX MAKES NO REPRESENTATIONS OR WARRANTIES AS TOTHE CONDUCT OF USERS OF THE PLATFORM,INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS.
PELEX CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHERDIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA,PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. PELEX CANNOT ASSUMERESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURETO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOURRESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE PLATFORM.
YOU AGREE THAT YOURUSE OF THE PLATFORM IS AT YOURSOLE RISK. YOU WILL NOT HOLD PLATFORM OR ITS THIRD-PARTY SERVICE PROVIDERS,LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THATRESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUTLIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA.
LIMITATION OF LIABILITY
YOUACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRERISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM REMAINS WITHYOU. NEITHER PELEX NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING,PRODUCING, MAINTAINING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSSOF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THECOST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL ORBODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESETERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, OR FROM ANYCOMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE PLATFORM OROTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OFTHE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCTLIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PELEX HAS BEENINFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTHHEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE PLATFORM OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USINGTHE PLATFORM. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE DISSATISFIEDWITH THE HEALTHCARE SERVICES YOU ARE RECEIVING FROM THE PLATFORM HEALTHCAREPROVIDERS, YOU MAY HAVE ADDITIONAL REMEDIES REGARDING THE PROVISION OFHEALTHCARE SERVICES. YOU ACKNOWLEDGE THAT IF YOU USE THE PLATFORM DURING OR INRELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS ATYOUR SOLE RISK. PELEX IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADEOR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED ON THE PLATFORM. BECAUSESOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOTAPPLY TO YOU. IN SUCH STATES, PELEX’S LIABILITY IS LIMITED AND WARRANTIES AREEXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT,EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE PLATFORM MUST BEBROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIMAROSE.
You agree to indemnify, defend and hold harmless PELEX AND COMPANY representatives from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) arising out of or in any way connected with Your access to or use of the Services, Your violation of this Agreement, or any negligent or wrongful conduct by You or related to Your account by You or any other person accessing the Services through Your account, regardless of whether You were aware of such use.
These Terms are governed by the laws of the State of Virginia without regard to its conflict of laws principles. The courts of the State of Virginia have jurisdiction over any action arising under these Terms or Your use of the Services.
If You breach any of these Terms, we may suspend or disable Your account or terminate Your access to the Services without prior notice to You. There may be other instances where We may need to terminate Your access to the Services that are not related to any of Your actions or inactions. We reserve the right to terminate Your access to and use of the Services at any time, with or without cause.
If You wish to terminate Your account, please contact Pelex at firstname.lastname@example.org,immediately discontinue Your use of the Services, and delete all files associated with the Services from Your computer or mobile device.
We welcome and encourage You to provide us with feedback, comments, and suggestions for improvements to the Platform or Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. If You submit any Feedback to us, we will own all intellectual property rights in such Feedback and may use such Feedback for any lawful purpose.
All notices required or permitted to be given under these Terms must be in writing. Pelex shall give any notice by email sent to the most recent email address, if any, that You have provided to Us. You agree that any notice received from Pelex electronically satisfies any legal requirement that such notice be in writing. YOUALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH PELEX ISACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THESENDING BY PELEX OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to Pelex by email to: firstname.lastname@example.org. Notice to Pelex shall be effective upon receipt of notice by Pelex.
Most user concerns can be resolved quickly and to Your satisfaction by emailing Pelex support at email@example.com. In the unlikely event that our support team is unable to resolve a complaint You may have (or if Pelex has not been able to resolve a dispute it has with You after attempting to do so informally), including but not limited to any alleged breach of these Terms, You and Pelex agree to resolve the dispute through binding arbitration in the State of Virginia before a single arbitrator, in accordance with the rules and procedures of the American Arbitration Association and the laws of the State of Virginia. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.
This agreement to arbitrate will not preclude You or Pelex from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Pelex from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THISSUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTSLOCATED IN VIRGINIA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE ANDPERSONAL JURISDICTION OF SUCH COURTS.
These Terms shall be governed by the laws ofthe State of Virginia without reference to its conflict of laws provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without Pelex’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. Pelex may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Pelex via email (in each case to the address that You provide); and/or (ii) by posting to the Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted.
The failure of Pelex to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pelex. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (a) patent rights and utility models, (b) copyrights and database rights, (c) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (d) trade secrets, (e) mask works, and (f)industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
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