IntelliGender, LLC and IntelliCeutical’s by IntelliGender, LLC (collectively "IntelliGender")
Do not use the Products until you have read the following Terms and Conditions. This agreement sets forth the terms and conditions for the use of the Products. The use of the Products indicates that the Buyer has read and understands this agreement and accepts the Terms and Conditions.
TERMS AND CONDITIONS OF USE: These Terms and Conditions of Use ("Terms") govern your use of IntelliGender, LLC and IntelliCeutical’s by IntelliGender, LLC products (the "Products"). By using the Products, you agree to be bound by the Terms and by any amendments to the Terms and Conditions in effect or as updated on the Website www.IntelliGender.com at the time you use the Products. Please review the Terms and Conditions prior to your use of the Products. Any amendments to the Terms relating to the Products are binding. No quotation given by IntelliGender shall constitute an offer to supply the Products. An order placed by Buyer, whether or not in response to a quotation, shall constitute an offer made to IntelliGender subject to these Terms. No terms or conditions put forward or implied by Buyer, in the order, correspondence or elsewhere shall be binding on IntelliGender and such conditions or stipulations are hereby excluded and extinguished.
ACCURACY AND USE OF IntelliGender Gender PredictION Test™: We are confident in the accuracy rate of the IntelliGender Gender Prediction Test™ (the "G.P.T.™ test"). It is not, however, 100% accurate. Therefore, we are unable to provide any warranty or guarantee as to the results of the G.P.T.™ test. The G.P.T.™ test is provided for entertainment purposes only. By using the G.P.T.™ test, you agree to assume all responsibilities or outcomes from your actions or omissions. Do not make any financial or emotional investment based on the G.P.T.™ test. If you want a definitive determination of the sex of your baby, please consult a medical professional.
WARNINGS AND PRECAUTIONS
- Do not ingest.
- Keep out of the reach of children
- Please properly dispose of your test once your result has been displayed.
- The test is not reusable.
USE OF INTELLIGENDER AND INTELLICEUTICALS by IntelliGender PRODUCTS: IntelliGender does not provide medical treatment, advice, or information. Information about the risks and benefits of medical treatment, including treatment that involves the use of the Products, and available alternatives is provided solely by physicians or other health care providers. If you have questions about your treatment, it is very important for you to discuss those questions with the appropriate health care provider. IntelliGender does not, and cannot, warrant certain results from the use of the Products. While IntelliGender cannot guarantee results, it is committed to taking every reasonable step to provide the best possible product and customer service. You should make every effort to ensure your own safety and evaluate your own risks before using any service or product offered by IntelliGender. We value your feedback and the opportunity to serve you.
DISCLAIMER OF WARRANTIES AND WAIVER OF CLAIMS: INTELLIGENDER HEREBY DISCLAIMS ALL WARRANTIES OF THE PRODUCTS, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO ALL EXPRESS AND IMPLIED WARRANTIES AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYER AGREES THAT THE PRODUCTS ARE SOLD "AS IS" AND "WITH ALL FAULTS". THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS ARE WITH THE BUYER.
INTELLECTUAL PROPERTY RIGHTS: All content included on packages to the Products, such as text, graphics, logos, manuals, and catalogs are the property of IntelliGender or its content suppliers and are protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content is strictly prohibited. These Terms do not confer any license or right under any copyright or trademark of IntelliGender or any third party.
TRADEMARKS: All IntelliGender product names, service names, slogans, and logos referenced on the Products, packaging or IntelliGender’s website (www.IntelliGender.com) are the trademarks of IntelliGender. Without limitation, these include IntelliGender™ and the logo and product names including, Gender Prediction Test™, G.P.T.™ and IntelliCeuticals™. All other company, product, or service names and logos are the property of their respective owner. The unauthorized use of any trademark on the Products, packaging or IntelliGender’s website is strictly prohibited.
CONTENT: The information contained in these Terms has been included in good faith but is for general informational purposes only. It should not be relied on for any specific purpose and no representation or warranty is given as regards its accuracy or completeness. We reserve the right to make any changes and corrections to these Terms as and when we consider it appropriate and without notice.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL INTELLIGENDER BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS OR THE INFORMATION CONTAINED ON THE PACKAGING OR ON INTELLIGENDER’S WEBSITE REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF INTELLIGENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE PRODUCT, YOU AGREE THAT INTELLIGENDER’S MAXIMIMUM LIABILITY TO YOU SHALL BE A REFUND OF YOUR PURCHASE PRICE.
INDEMNIFICATION: You hereby agree to indemnify, defend and hold IntelliGender and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or otherwise arising from your use of the Products, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. IntelliGender reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
JURISDICTION AND APPLICABLE LAW: THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES AND, TO THE EXTENT APPLICABLE, THE FEDERAL LAWS OF THE UNITED STATES. CUSTOMER HEREBY SUBMITS TO AND AGREES THAT THE SOLE JURISDICTION AND VENUE FOR ACTIONS RELATED TO THE SUBJECT MATTER HEREOF SHALL BE THE TEXAS STATE COURTS AND U.S. FEDERAL COURTS LOCATED IN TEXAS.
RM3185 Rev4 5.19.11