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©2020 by ELEKTRA HEALTH.

Elektra Health Terms of Use

 

These Terms of Use (or "TOU") are an agreement between you and My Elektra, Inc., a Delaware corporation ("Elektra Health"). These are rules you agree to follow when using our website https://www.elektrahealth.com (the “Site”), including when you view content on this Site. Please also familiarize yourself with our Privacy Policy before using this Site.  By accessing, browsing and/or using this Site, you accept and agree to be bound by the TOU and the Privacy Policy (collectively, "Terms and Conditions"). If you do not agree to all of these Terms and Conditions, do not access or use this Site.

These TOU may change. Because your use of Elektra Health means that you agree to these TOU, if we revise and update these TOU, your continued use of Elektra Health and this Site will mean that you accept those changes. You choose whether or not you use Elektra Health. If you do not agree to all of these TOU, please do not use Elektra Health.

 

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

Elektra Health is a company that collects and provides information to users of the Site regarding perimenopause and menopause and treatments thereof. By accepting these TOU you acknowledge and agree that Elektra Health may send you messages and emails. Elektra Health will not be responsible in any way and you will not hold Elektra Health liable, for any loss, injury, or claims of any kind resulting from your use of these e-mails and  messages.  

Elektra Health itself does not offer any diagnosis or treatment. ALL INFORMATION PROVIDED ON THIS SITE OR VIA ELEKTRA HEALTH OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY ELEKTRA HEALTH, IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY, AND IS NO WAY INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW; ELEKTRA HEALTH IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT: AND RELIANCE ON ANY INFORMATION PROVIDED BY ELEKTRA HEALTH IS SOLELY AT YOUR OWN RISK.

 In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy.

Elektra Health is designed to support the health decisions and choices you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive from a formal provider-patient relationship. Always use common sense when making health decisions. Elektra Health cannot make decisions for you. Elektra Health is not a place for treatment or diagnosis. Please use any information you find on the Site responsibly.

[Whenever we use the words "your provider" or "healthcare provider" or similar words on Elektra Health, including in these TOU, we mean your personal health care provider with whom you have an actual, mutually acknowledged, provider-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider) within the United States of America.

You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including Internet connection or mobile fees that you incur while using the Site. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.

The Site and the information and content available through the Site are protected by copyright laws throughout the world. Subject to these TOU, Elektra Health grants you a limited non-transferable, revocable license to access and use the Site for your personal use. Unless otherwise specified by Elektra Health in a separate license, your right to use any of the services available through the Site is subject to these TOU and all rights are reserved by Elektra Health. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this Site.

Elektra Health may provide links to third-party web sites. Elektra Health does not recommend and does not endorse the content on any third-party websites. Elektra Health is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. Elektra Health does not endorse any product, service, or treatment advertised on the Site.

Any use or attempted use of this Site (1) for any unlawful, unauthorized, fraudulent or malicious purpose; (2) that could damage, disable, overburden, or impair the Site; (3) that could interfere with any other party’s use and enjoyment of the Site; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited. Elektra Health reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Elektra Health further reserves the right to monitor general use of the Site at any time as it deems appropriate and to remove any materials that may violate these TOU.

Elektra Health may terminate your use of the Site or any of our features or services at any time and for any reason without notice. You agree that if your use of the Site is terminated pursuant to these TOU, you will not attempt to use the Site under any name, real or assumed. Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to us, or any other information that we have that relates to you.

 

Disclaimers

ANY ACCESS OR USE OF THE SITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. ELEKTRA HEALTH DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. ELEKTRA HEALTH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SITE. ELEKTRA HEALTH DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS.

Limitation of Liability

IN NO EVENT SHALL ELEKTRA HEALTH, ITS’ OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS/INABILITY OF USE OF THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS SITE, ERRORS OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THIS SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

 

YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST ELEKTRA HEALTH FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THIS SITE.

 

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST ELEKTRA HEALTH ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR YOUR USE OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

 

Entire Agreement

 

These TOU and any other agreements Elektra Health may post on the Site or that you and Elektra Health may execute from time to time constitute the entire agreement between Elektra Health and you in connection with your use of the Site and supersede any prior agreements between Elektra Health and you regarding use of the Site, including prior versions of this TOU.

 

Governing Law and Jurisdiction.

 

Accessing this Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access this Site, you agree that the statutes and laws of the State of New York, notwithstanding any principles or conflicts of law, will apply to all matters relating to the use of this Site. If any part of these Terms and Conditions are deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

 

Changes to this Agreement:

When we make changes, we will revise the "last modified" date at the bottom of this document. We encourage you to review these TOU periodically. Your continued use of Elektra Health constitutes your agreement to the changed Terms of Use.

Last modified: December 19, 2019