Terms & Conditions
INDIVIDUAL PURCHASER TERMS OF PURCHASE AND LIMITATIONS OF USE
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONSAND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ CAREFULLY.
BY PLACING AN ORDER FOR PURCHASE FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- REVAREE™ is a personal lubricant, for vaginal application, intended to moisturize and lubricate, to enhance the ease and comfort of intimate sexual activity and supplement the body’s natural lubrication. REVAREE is not compatible with natural rubber latex, polyurethane, and polyisoprene condoms. REVAREE is Non-Hormonal.
- RELIZEN® is a Swedish Flower Pollen Extract tablet which is taken for Relief of Hot Flashes Associated with Menopause. RELIZEN is Non-Hormonal.
- SERENOL™ is a product for the relief of emotional symptoms of PMS. SERENOL is primarily composed of Swedish Flower Pollen Extract and Chromium Picolinate.
If you order any product available for purchase, you agree that your order is an offer to buy. All orders must be accepted by us; we will not be obligated to sell any product. We may choose not to accept any orders in our sole discretion. After receiving your order, if we accept your offer to buy, we will request and use your credit card information that you provide for billing for those products you have selected to purchase. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice.
- INDIVIDUAL BOX
If you purchase individual boxes, your credit card will be charged the listed price at time of purchase less any applicable discounts plus any applicable taxes for each box ordered and applicable shipping fees for each box shipped. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipping.
If you sign up for a product’s continuity plan , your credit card will be charged the listed price at time of purchase less any applicable discounts plus any applicable taxes for each box of product. No shipping fee charges will be charged unless expedited shipping is requested. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipping. While you subscribe to automatic shipments, a shipment of your selected quantity of boxes will be automatically charged at your selected frequency at the listed price at the time of the original subscription purchase, less any applicable discounts plus any applicable taxes, until you cancel your subscription. You must cancel your subscription at least 5 business days before your next processing date in order to prevent the next automatic shipment and charge. No shipping fees will be charged unless expedited shipping is requested.
- LOST OR STOLEN PACKAGES
JDS is not responsible for lost or stolen packages confirmed to be delivered to the address entered for an order. Upon inquiry, JDS will confirm delivery to the address provided, date of delivery, tracking information and shipping carrier information for the customer to investigate.
- ORDER PROCESSING
All orders will be processed within 24 hours of transaction, and will ship the next business day. Charges will appear on your credit card under the name WOMENS HEALTH FULFILL.
- RETURN POLICY
No returns or refunds are available for these products. We will only provide replacement product at no additional cost if your shipment contains defective product. However, we will not provide replacement product for any product procured from an unauthorized seller of JDS Women’s Health products. To be eligible for a replacement, you must first email or call our customer support center at jdswomenshealth.com or 1-833-266-2343 within ten (10) business days of receiving your shipment to report the alleged defect to JDS. Upon review of the report, JDS will ship out a replacement, if available.
- CANCELLATION POLICY FOR SUBSCRIPTION RENEWALS You can cancel your participation in any subscription at any time. In order to prevent your next shipment (and next charge), you must cancel your subscription at least 5 business days before your next processing date. To cancel, you may login at jdswomenshealth.com, contact our customer support center at 1-833-266-2343 or email firstname.lastname@example.org with your name, account number, your subscription’s subject product, and request to cancel. To determine your next processing date, you can review your account at jdswomenshealth.com.
- A. NO LICENSE IS GRANTED UNDER ANY PATENT, TRADEMARK, OR COPYRIGHT WITHIN THE JDS THERAPEUTICS, LLC AND ITS SUBSIDIARY, NUTRITION 21, LLC, INTELLECTUAL PROPERTY PORTFOLIO EXCEPT TO PERSONALLY USE YOUR PURCHASED PRODUCT. You do not and will not have or acquire any ownership of intellectual property rights in or to your purchased product.
B. JDS Therapeutics LLC (“JDS”) is exclusively licensed under a number of patents covering the use of RELIZEN and SERENOL, including, but not limited to, U.S. Patents 6,569,471 and 6,669,967. JDS owns registered trademarks for RELIZEN: Nos. 4569774 and 4751001. JDS is the owner of the trademark SERENOL, including its associated logo. JDS is the exclusive licensee of the trademark REVAREE.
C. SCOPE: This Agreement sets forth the Terms that apply to your Orders of your purchased product(s) (hereinafter referred to as “PRODUCT”) from JDS. You agree that you are purchasing the PRODUCT for personal use and not for any other use, including, but not limited to, distribution or resale. Notwithstanding the foregoing, if you are a doctor interested in becoming an authorized reseller of PRODUCT for your patients, you must obtain permission from JDS in writing and sign an applicable agreement.
D. The sale of PRODUCT by JDS is conditioned on this INDIVIDUAL PURCHASER TERMS OF PURCHASE AND LIMITATIONS OF USE whether or not covered by patents, trademarks, or copyright, and JDS has specifically relied upon these limitations in making the sale. E. PRODUCT may not be used in in-vitro, animal studies, or human clinical studies without the express permission of JDS.
- TITLE AND RISK OF LOSS: Title and risk of loss or damage to PRODUCT shall pass to you on delivery to you.
- LIMITATIONS OF LIABILITY: NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY PERSON CLAIMING THROUGH OR UNDER SUCH PARTY, FOR ANY LOST PROFITS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), BASED ON A WARRANTY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF EACH SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- CHOICE OF LAW: This Agreement shall be deemed to be made in the state of New York and shall in all respects be interpreted, construed, and governed by and in accordance with the laws of the State of New York without regard to its principles of conflict of law. All proceedings brought under this Agreement shall be in accordance with the Arbitration Agreement set forth below and take place in New York, New York.
- TERMINATION: JDS reserves the right to refuse sale to you at any time or for any reason. JDS reserves the right to change or alter the terms hereof as necessary from time to time.
- ENFORCEABILITY: If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of the provision and all other provisions shall not in any way be affected or impaired thereby.
IMPORTANT NOTICE ABOUT YOUR RIGHTS – PLEASE READ
THIS ARBITRATION AGREEMENT (“AGREEMENT”) SHALL GOVERN THE MANNER BY WHICH ANY CLAIMS REGARDING THE PRODUCT(S) YOU PURCHASE FROM US SHALL BE RESOLVED. THIS AGREEMENT SETS FORTH IMPORTANT LEGAL RIGHTS. PLEASE READ THIS AGREEMENT CAREFULLY.
BY ORDERING A PRODUCT FROM US, YOU UNDERSTAND AND AGREE THAT ANY DISPUTE BETWEEN US CONCERNING SUCH PRODUCT SHALL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND AS SUCH, YOU WAIVE YOUR RIGHT TO A JURY TRIAL. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN OR REPRESENT A CLASS OF CONSUMERS IN SUCH DISPUTES. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOTIFY JDS WITHIN FIFTEEN (15) DAYS OF YOUR RECEIPT OF THE PRODUCT BY CALLING OUR CUSTOMER SUPPORT CENTER AT 1-833-266-2343 OR EMAIL SUPPORT@JDSWOMENSHEALTH.COM.
RESOLUTION BY BINDING ARBITRATION. Any claim or dispute between you and JDS, or any of our subsidiaries or affiliates, arising out of or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. You specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.
WAIVER OF CLASS PARTICIPATION. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. You also acknowledge and agree that you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, and/or to participate as a member of a class of claimants in any lawsuit filed against JDS and/or related third parties.
- Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to us by calling toll free at 1-800-699-3533, and after the call is answered ask to speak to our Legal Representative, and providing all requested information. You may be required to provide us with a written statement setting forth the nature of your claim or dispute. We shall have forty-five (45) days from the receipt of such call (or written statement) to resolve such claim or dispute (“Resolution Period”). If your claim or dispute is not resolved within the Resolution Period, you may commence arbitration proceedings in accordance with the terms of this Agreement.
- The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org.
- The arbitrator shall not conduct class arbitration; that is, the arbitrator shall not allow you to serve as a representative, as a private attorney general, or in any representative capacity for others in the arbitration.
- The arbitration of any claim or dispute under this Agreement shall be conducted in the New York County, New York State.
COSTS. All administrative expenses of the arbitration proceedings commenced under this Agreement shall be as follows:
- If the claim or dispute that is the subject of the arbitration proceedings is less than five thousand dollars (US $5,000), your financial responsibility for the administrative costs shall not exceed One Hundred Dollars ($100);
- If the claim or dispute that is the subject of the arbitration proceedings is between five thousand dollars (US $5,000) and fifty thousand dollars (US $50,000), your financial responsibility for administrative costs shall not exceed Three Hundred Dollars ($300); and
- If the claim or dispute that is the subject of the arbitration proceedings exceeds $50,000, your financial responsibility for administrative costs shall be in accordance with the Commercial Fee Schedule provided by the AAA.
- Each party shall pay the fees and costs of its own counsel, experts and witnesses.
SMALL CLAIMS. All parties shall retain the right to seek adjudication in a small claims tribunal in the county of your residence for disputes within the scope of such tribunal’s jurisdiction. Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration as described in and in accordance with, the terms of this Agreement. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration under the terms of this Agreement.
SEVERABILITY. If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.