Terms Of Use

 

Evofem, Instead Softcup, Instead, and Softcup are trademarks or registered trademarks of Evofem, Inc. All other trademarks are the property of their respective owners.

Evofem Legal Notice for www.softcup.com; September, 2010.

Welcome to Evofem’s Softcup Web Site ("Site"). By using this Site you agree to comply with and be bound by this Terms of Use Agreement ("Agreement"). Therefore, please review the Agreement carefully. If you do not agree with the Agreement do not use this Site.

Acceptance. By using this Site, you agree to the terms and conditions of this Agreement, which constitutes the entire agreement between you and Evofem. This Agreement supersedes all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Site, the Site contents and any services provided on the Site. In the event of any conflict between the Agreement and any other agreement or understanding related to the Site, this Agreement shall control.

Amendments. This Agreement may be amended by Evofem from time to time and your only notice of such amendment shall be the posting of the amended Agreement on this Site. You are therefore advised to review the Agreement each time you visit the Site.

Limited Right to Use. The Site and the contents herein are the intellectual property of Evofem and are protected by applicable copyright, trademark and proprietary rights. Viewing, printing or downloading of any content, graphic, form or document from this Site grants you only a limited nonexclusive license for your personal use and does not authorize republication, distribution, assignment, sublicense, sale, preparation of derivative works or the right to link to the Site from another location or any other use unless you have received Evofem's express written permission for such use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, not-for profit use. You do not acquire any ownership rights to the Site or to any contents herein. All rights not expressly granted herein are reserved by Evofem.

Intellectual Property Notice. All web site design, text, graphics, the selection and arrangement thereof, and software are the copyrighted works of Evofem. All Rights Reserved. Evofem, Instead Softcup, the Instead Softcup logo, and associated tag lines are trademarks of Evofem, Inc., which may be registered in some jurisdictions. All other trademarks used are owned by their respective owners.

Privacy Policy. Please review the Evofem privacy policy at http://www.softcup.com/privacy-statement. By using this Site you agree that Evofem's privacy policy is part of the Agreement and may be updated from time to time without specific notice to you.

Licenses. You agree that by purchasing products through the Instead Softcup Store, you will be bound by any end user licenses accompanying the purchased product.

Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR PARTICULAR PURPOSE).

LIMITATION OF LIABILITY. IN NO EVENT WILL EVOFEM BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF EVOFEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above exclusion or limitation may not apply to you.

Indemnification. You agree to defend, indemnify and hold Evofem harmless from and against any and all claims, damages, and costs including attorneys’ fees, arising from or related to your use of the Site.

Links to other Websites. This Site contains links to other Internet sites and information provided by persons not affiliated with Evofem. Such links are not endorsements or referrals of any products, services or information contained in such sites, and no information in any such site has been endorsed or approved hereby. Information provided and opinions expressed by others do not necessarily represent the opinion of Evofem. Evofem expressly disclaims any and all liability resulting from reliance on such information or opinions. Some products, manufacturers and service providers may be mentioned on this Site. Mention of these products, manufacturers or service providers does not constitute an endorsement by Evofem.

Governing Law. By using this Site, you agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law rules. By using this Site you also agree that all litigation arising out of or in connection with this Agreement shall be brought in the state courts of San Diego County, State of California, United States of America or, for matters involving federal jurisdiction, in the United States District Court for the Southern District of California.

Technical questions or concerns about this Site should be directed to: customer.service@softcup.com.

 

Ratings and Reviews Terms and Conditions

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Bazaarvoice (the "CRR Service"). To the extent of any conflict between Evofem, Inc.'s Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

By submitting any content to Evofem, Inc., you represent and warrant that:

  • You are the sole author and owner of the intellectual property rights thereto;
  • All "moral rights" that you may have in such content have been voluntarily waived by you;
  • All content that you post is accurate; 
  • You are at least 18 years old;
  • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • That is known by you to be false, inaccurate or misleading;
  • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • For which you were compensated or granted any consideration by any third party;
  • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Evofem, Inc. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Evofem, Inc. a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Evofem, Inc. s sole discretion. Evofem, Inc. reserves the right to change, condense or delete any content on Evofem, Inc.'s website that Evofem, Inc. deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Evofem, Inc. does not guarantee that you will have any recourse through Evofem, Inc. to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Evofem, Inc. reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Evofem, Inc., are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Evofem, Inc., its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that Evofem, Inc. and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

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