Femmar Terms and Conditions

The purpose of Femmar Health Corp (“Femmar”) is to help women manage their menopause. We offer this website (the “Site”) to provide you with information, services and facilities about Femmar and its related projects and initiatives. By accessing any of the pages on the Site and/or using any of the services available on the Site you agree to comply with the Terms & Conditions set out below, or as otherwise amended at the time of your visit to and/or use of the Site. If you do not agree with these Terms & Conditions do not make any use of the Site and you should leave the Site immediately.

1. Definitions

“Blogs” means those blogs featured on the Site from time to time. “Femmar” means Femmar Health Corp, 1930 Tyler St, Hollywood, FL 33020-4517 United States of America. References to “we”, “us” and “our” should be construed as references to Femmar. “Content” has the meaning given to such term in clause 6.1 below. “Expert Information” means all information of any kind made available through the Site by Expert Members including pages, blogs, comments, electronic messages, and any other written information. “My Activity” has the meaning given to such term in the Introduction above. “Site” has the meaning given to such term in the Introduction above. “Third Party Sites” has the meaning given to such term in clause 10.3 below.

2. Applicable terms and conditions

The Site is owned and operated by Femmar and any use made of the Site (including registrations and subscriptions made by the Site) are subject to these Terms and Conditions. Femmar may, at its sole discretion, modify or revise the Terms and Conditions at any time by updating the text of this page and such amended and restated shall be binding upon you as regards your use of the Site from such date. You may use the Site in accordance with these Terms and Conditions, our Site Rules and in all cases and at all times for lawful purposes and in compliance with all applicable laws, regulations and codes of practice in the UK or in any other jurisdiction from where you access the Site. For the avoidance of doubt the Terms and Conditions form the legal basis of your use of the Site and in the event of any inconsistency between these Terms and conditions and the Site Rules, or any other provisions listed on the Site, these Terms and Conditions shall prevail. 2.1 Unacceptable use You agree not to use the Site or any part of it to: (a) post, upload, e-mail or otherwise transmit any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect; (b) in any manner which could damage, disable, overburden, or impair the Site; (c) make available personal data about any person other than yourself, or to collect or store personal data about other users; (d) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site; (e) impersonate any other person or entity (including, but not limited to, a Femmar staff member, agent or representative, member, or expert member) or to provide false or inaccurate information; (f) promote any discrimination based on race, ethnic origin, nationality, sex, gender, religion, disability, sexual orientation or age, or act in any way which is threatening, harmful, abusive, defamatory, sexually orientated, hateful, invasive of another’s privacy or obscene, or which will (or potentially will) harass, distress, embarrass or inconvenience or be objectionable by any person or which might restrict or inhibit the use and enjoyment of the Site by any person; (g) post, upload, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial exploitation; (h) post, upload, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment; (i) create a database (electronic or otherwise) that includes Content; (j) transmit or re-circulate any Content to any third party; or (k) bring (or act in any way that might bring) Femmar into disrepute. 2.2 Breaches of acceptable use Although we do not actively moderate the Site, when issues are brought to our attention we will determine whether there has been a breach of these Terms and Conditions. When we decide that such a breach has occurred or inappropriate material has been posted, we may take any action as we deem appropriate, including, for example, withdrawing your right to use our site; removing any posting or material you have uploaded to our site; taking legal action against you; or disclosing such information to law enforcement authorities as we reasonably feel is necessary. 2.3 Commercial and illegal use You shall not use the Site to promote, advertise or otherwise encourage the acquisition or purchase of goods and/or services with the express written permission to do so by Femmar. You agree not to distribute illegal materials of any kind. This includes images, text or graphics. Also, joining or starting discussions about the intention to commit illegal acts is not allowed.

3. Posting materials to the site

3.1 Your use of the Site is expressly subject to these Terms & Conditions (including in particular, but not limited to, clause 2 and this clause 3) and any other guidance, instructions or rules that we may make available on the Site. 3.2 You acknowledge that you are entirely responsible for all material that you upload or post on the Site. 3.3 You further acknowledge that Femmar does not pre-screen, edit or monitor the content posted by the Site’s users, but that we (and people designated or authorised by us) shall have the right (but not the obligation) in our sole discretion and without prior warning or notice to refuse or remove any material that is posted on or submitted, uploaded or otherwise transmitted to the Site, or close or suspend a user’s access to the Site. Without limiting the foregoing, Femmar and its designees shall have the right to remove any material from the Site that is contrary to these Terms & Conditions or is otherwise objectionable, whether by reference to these Terms & Conditions, the Club Rules or otherwise. 3.4 If anyone is concerned about material posted on the Site or becomes aware that any material on the Site or any activities carried out on the Site, are offensive, unlawful, are contrary to these Terms & Conditions or the Site Rules or infringe any third party rights in any way, please send a message to us by e-mail using this address: Enquiries@maryonstewart.com. We shall then act to remove any such material or to disable access to the material, or use reasonable endeavours to otherwise deal with the concern however we see fit in our sole discretion (as the case may be). 3.5 You acknowledge and agree that we are not obliged to enter into any discussion following the removal of any material from the Site, or any other action we may take under or with reference to these Terms & Conditions. 3.6 By submitting messages, suggestions or material to the Site you are granting Femmar a non-exclusive irrevocable royalty-free licence to reproduce, modify, translate, make available, distribute and sub-license the message, suggestion or material (as the case may be) in whole or in part and in any form (now known or later developed) anywhere in the world. We will always fully respect your privacy however, in accordance with our Privacy Statement in place at the time.

3.7 By submitting any messages, suggestions or material to the Site you agree that we may use those messages, suggestions or materials for any purpose and in any way that we choose.

3.8 By submitting any messages, suggestions or material to the Site, you waive all of the moral rights that you may have under Chapter IV of the Copyright, Design and Patents Act 1988 regarding any such message, suggestion or material.

3.9 You acknowledge that Femmar may establish general practices and limits concerning the use of the Site, including (but not limited to) the maximum number of days that material on the Blogs will be retained by the Site. You agree that we have no liability for the deletion or failure to store any messages, suggestions, material or other communications maintained on or transmitted to the Site.

4. Disclaimer

Femmar does not replace medical advice.

4.1 The Site is intended to provide general information only. You should seek appropriate professional advice before taking or refraining from taking any action in reliance on any information contained in this Site. So far as permissible by law, Femmar does not accept any liability to any person relating to the use of any such information.

4.2 Whilst Femmar has taken every precaution in compiling this Site neither it nor any contributors to the Site can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through the Site. Femmar does not accept any responsibility for any online or offline interactions between members.

4.3 You assume all risk when using the Site, including but not limited to all of the risks associated with any online or offline interactions with others. You agree to take all necessary precautions when meeting individuals through the Site. In addition, you agree to take all reasonable precautions when meeting others through the Site

5. Registration

5.1 Signing up To use the Site you must first register by signing up. By registering, you agree that we may provide you with information about Femmar (whether by email or any other medium) that we consider appropriate. You may opt out of receiving these materials by writing to or emailing us to inform us that you wish to be removed from our contact list. For some features the easiest way of opting out is to do this online yourself.

5.2 Age limit and account types Some content and discussions are likely to be inappropriate for younger web users. For this reason, in order to join Femmar you must be at least 18 years old, and by signing up to the Site you are representing to Club Soda that you are, in fact, over 18 years of age.

5.3 Passwords and security In order to register with us and become an account holder, you will be invited to provide a password, a user name and an email address. You are responsible for maintaining the confidentiality of your password and account. You will never be required to reveal your password to any representative or agent of Femmar. You are entirely responsible for any and all activities that occur under your account. You agree to notify Femmar immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for loss or damage incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time. If you think that someone else has access to your password you should change it immediately.

6. Copyright and other rights

6.1 All copyright and all other intellectual property rights (including, but not limited to, copyright) in all information, text, data, graphics, links, computer code, images, sound, software, service marks, logos and other materials on the pages of the Site (the “Content“) are owned by Femmar, or are reproduced on the Site with permission of the relevant rights owner.

6.2 The Content may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Femmar’s prior written consent, except as stated in the paragraph below.

6.3 You may read, view, print, download and (where appropriate) listen to the Content of an individual page for private and personal non-commercial use only PROVIDED THAT all copyright, trade mark and other proprietary notices contained in the original Content on any copy of such Content is retained, but you may not make more than one (1) copy electronically or otherwise of any of the Content and you may not re-copy or further distribute, sell, publish or transmit any part of the Content by electronic or any other means. 6.4 You agree not to sell, resell, supply or otherwise make the Content or extracts or other information derived therefrom available in any manner or on any media whatsoever to any third party without the express prior written consent of Femmar.

6.5 The names, images and logos identifying Femmar, its projects, products and services, or those of third parties, are the proprietary marks of Femmar, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Femmar reserves all rights to enforce such rights that it might have.

7. Privacy policy

7.1 Any information that you provide about yourself to Femmar will only be used by Femmar in accordance with its Privacy Policy and by using this Site you consent to our use of data collected on this Site in the manner set out in the Privacy Policy.

7.2 We may use cookies on the Site.

8. Changes to these terms & conditions, and amendments to the content

Femmar reserves the right, at its discretion, to make changes at any time to any part of the Site and any other services it offers. Due to our policy of updating and improving the Site, Femmar may wish to change these Terms & Conditions from time to time and you agree to be bound by the Terms & Conditions which apply at the time of your use of the Site and any other Femmar.

9. General notes and communications

9.1 These Terms & Conditions shall be governed by, and construed in accordance with, English law and you and Femmar irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the same or the legal relationship established by them or any use of the Site or related products and services and including the construction of this relationship.

9.2 If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.

9.3 Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.

9.4 If we fail, at any time during the term of your use of our site, to insist upon strict performance of any of your obligations under these terms of use, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms of use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified below.

9.5 When using the Site, you accept that communication with us will be mainly in electronic format. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

9.6 All notices given by you to us, including any complaints that you might have about our site, must be given Femmar Health Corp, 1930 Tyler St, Hollywood, FL 33020-4517 United States of America or by email to support@femmar.com. We may give notice to you at either the email, telephone number or postal address you provide to us when you become an account holder, or in any of the ways specified in the above paragraph.