TERM AND CONDITIONS                                                                  Doc. TERMS Rev C

Initial Disclosure.
With the purchase of any products from IVFonline, LifeGlobal, genX international, its associates, affiliates, (collectively referred to as “LifeGlobal Group”), directly, or through its website, associated sites, or its distributors, you agree to these conditions and the following information and that you, the “Buyer”, understand it and agree to abide by it. If you have ANY questions contact the association the product was purchased from BEFORE your purchase and BEFORE use of any of the items discussed.

IF YOU DISAGREE WITH ANY OF THE TERMS THAT FOLLOW, OR DO NOT AGREE TO BE BOUND BY ALL SUCH TERMS, YOU ARE NOT AUTHORIZED TO USE LIFEGLOBAL GROUP PRODUCTS.

Limitation of Liability.
LIFEGLOBAL GROUP HEREBY LIMITS ITS LIABILITY FOR ANY PRODUCTS PURCHASED IN ACCORDANCE WITH ALL CONDITIONS AND TERMS AS STATED HEREIN. THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE UNDERSTANDING BETWEEN THE PARTIES. THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH LIFEGLOBAL GROUP DISCLAIM. IN NO EVENT WILL LIFEGLOBAL GROUP, OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF LIFEGLOBAL GROUP PRODUCTS, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES TO ANY PARTY EVEN IF LIFEGLOBAL GROUP OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIFEGLOBAL GROUP’S MAXIMUM LIABILITY SHALL NOT IN ANY CASE EXCEED THE CONTRACT PRICE FOR THE PRODUCTS CLAIMED TO BE DEFECTIVE.

LIFEGLOBAL GROUP DOES NOT DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR DISPENSE MEDICAL SERVICES AND, AS SUCH, ASSUMES NO LIABILITY FOR INFORMATION CONTAINED HEREIN AND ANY COMMUNICATION OF FACT OR OPINION. THE BUYER AND/OR PRACTITIONER ASSUME FULL RESPONSIBILITY FOR THE APPROPRIATE USE OF MEDICAL INFORMATION CONTAINED IN THE PRODUCT AND AGREES TO HOLD LIFEGLOBAL GROUP HARMLESS FROM ANY AND ALL CLAIMS OR ACTIONS ARISING FROM THE BUYER’S AND/OR PRACTITIONER’S USE OF THE PRODUCT.

Product Use.
LifeGlobal Group products are only to be used for purposes as described in the label, product insert, literature, instruction for use and is to be used in accordance with the proper medical procedures or protocols of each practitioner and/or institution. They are not to be used for administration to humans, drug purposes or as a cure. The information presented in the product insert, label, literature, and/or web site is offered without warranty or guarantee on performance or final results, since the ultimate conditions of use and the variability of procedures, practitioners’ skill, training levels, variability of materials, environmental conditions, any additional materials used by the practitioner which may lack in quality or be contaminated, defective or otherwise be inappropriate and any other circumstances that are beyond LifeGlobal Group’s control.

Each Buyer and/or practitioner is responsible for his or her own inspecting, checking of product, its quality, conditions, any damage to the packaging or seals and ‘pass’ the product for use. Each Buyer and/or practitioner is responsible for applying any and all appropriate tests deemed necessary upon receipt and BEFORE USE. If for any reason it is believed that the product or its quality specifications are questionable or do not meet such testing standards of said practitioner, LifeGlobal Group must be notified immediately, BEFORE USE and must return such products immediately.

Once the product has been received and deemed accepted for its quality and performance, the Buyer and/or practitioner cannot under any circumstances hold LifeGlobal Group responsible for the performance and/or final results, outcome, development of samples, pregnancy rates or birth outcome.

In addition, nothing disclosed herein is to be construed as a recommendation to use any products in violation of any and all other patents of separate companies. IVFonline, LifeGlobal and genX international cannot be responsible for patent infringements or any other violations that may occur with the use of these products.

This is not a Contract.
The purchase or use of the product does not constitute a contract between LifeGlobal Group, or any other party who has been involved in the creation, production, promotion or marketing of LifeGlobal Group products and any practitioner, user or patient, their heirs, successors or assigns over the use of the product and does not in any way guarantee results, outcome or success related to the performance of the procedures or promises of the practitioner.

The Buyer and/or practitioner is prohibited from making any promises to the patient of a ‘Shared Risk Financial Program’, “IVF Refund Guarantee” guarantee of outcome, donor programs or similar type of IVF enticement programs. LifeGlobal Group does not warranty or guarantee any results, outcome, success rates or the use of the product by practitioners and does not under any circumstances either directly or impliedly to have a contract, agreement or any type of relationship with the patients, their heirs, successors or assigns or can they be implicated in such or any additional implied arrangement.

The Buyer and/or practitioner assume all responsibility for the liability for such products and procedures as it relates to any agreements, contracts or promises with the patients, and will under no circumstances be able to transfer the liability of such to LifeGlobal Group. The Buyer and/or practitioner are prohibited from making any promises, guarantees or warranties concerning LifeGlobal Group, LifeGlobal Group products and/or results. At no time are Buyer and/or practitioner considered an agent of LifeGlobal Group.

Inappropriate Disclosures.
If for any reason the Buyer and/or practitioner informs any patients, legal counsel, or any other persons, either verbally or in writing of any such problems in the overall procedures or outcome and in doing so implicate LifeGlobal Group or LifeGlobal Group products as the cause or possible cause of such failures in outcome, the Buyer and/or practitioner will assume all responsibility for the consequence of any libelous statements, liability, reimbursement, costs and reasonable attorneys’ fees and or any and all such payments to said patients, their heirs, successors or assigns resulting from such representation. If in fact the Buyer and/or practitioner implicates or names LifeGlobal Group or its products as a cause or possible cause of such failures in outcome, results or success of any procedures LifeGlobal Group reserves the right to file suit against such practitioner to recover any and all damages, including, costs and reasonable attorneys’ fees related to such claims. Damages are not limited to direct payments or claims and will include punitive damages and any and all damages deemed just by the courts. LifeGlobal Group reserves the right to defend and protect itself against such made claims. The Buyer and/or practitioner agree to defend, indemnify and hold harmless IVFonline, LifeGlobal, genX international, its parent, affiliated companies, affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including costs and reasonable attorneys’ fees, arising out of or accruing from any misrepresentation made by you in connection with the use of LifeGlobal Group products, any misuse of LifeGlobal Group products, any non-compliance by you of the Terms of Use of this agreement, and claims brought by persons or entities other than the parties to this agreement arising from or related to your purchase and/or use of LifeGlobal Group products.

Statements and Claim.
Statements in claims made by LifeGlobal Group within any of the literature, advertisements or made verbally (such as improved, increase success, better, consistent) are statements made as advertising claims and any reliance made by the practitioners or users of these statements must take into consideration that results that reported successes were related to controlled scientific experiments and may not be repeatable in all environments, situations, or by all practitioners. The individual procedures, protocols steps utilized by each practitioner may change the results and may not have the same success rates, pregnancy rates or overall results.

FDA Statement.
Statements and claims have not been evaluated by the US Food and Drug Administration. The products included in these statements are not intended to diagnose, treat, cure or prevent any illnesses, diseases, disorders or medical conditions.

Taxes and Other Charges.
The Buyer is responsible for any and use taxes, sales taxes, excise taxes, duties, customs, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority. In the event Seller is required to pay any such tax, fee, or charge. Buyer shall reimburse Seller therefore; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee, or charge.

Literature Disclaimer.
The term ‘Literature’ refers to all printed and web-based material. All information contained in our LifeGlobal Group literature are for informational purposes only. LifeGlobal Group is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within our literature. While the information in our literature is periodically updated, no guarantee is given that the information provided is correct, complete, and up-to-date. Although LifeGlobal Group may include links providing direct access to other Internet resources, including Web sites and documents, LifeGlobal Group is not responsible for the accuracy or content of this information. LifeGlobal Group literature is not intended to constitute a legal or binding relationship. The information contained herein, nor the perusal of it, establishes nor constitutes a fiduciary relationship with LifeGlobal Group or its associates. All sales, services, agreements for service, and vendor relationships will be executed via a written contract or letter of mutual understanding. Individuals sending e-mails does not establish a fiduciary relationship of the sender with us or any of its associates or partners. The sender of the e-mail has no expectation of privacy, privilege, or confidentiality either in the content of any message sent.

Notification.
Notification of any defects in LifeGlobal Group products must be delivered within five (5) business days from date of receipt of product in order to receive a replacement or refund. All notifications need to be supported by actual records and files related to such claims, including, place of purchase, proof of purchase, date of receipt and/or date of use.

Governing Law and Forum for Disputes.
This Agreement shall be governed by the laws of the State of Connecticut. Any action arising out of this Agreement shall be commenced in any court in Connecticut that has jurisdiction over such matters. The Buyer agrees that this Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.

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