Terms of Use

Updated: August 2019

Welcome to Lansinoh, operated by Lansinoh Laboratories, Inc. ("us", "we", or "our"). These Terms of Use (the "Terms") govern your access or use of the Lansinoh.com website (the “Site”) and the Lansinoh mobile application (the “App” and together with the Site, the “Services”) operated by Lansinoh Laboratories, Inc.

Please read these Terms carefully before using the Services.

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms as well as our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Services. You further certify that you are 13 years of age or older and that you have all the necessary rights, power, and authority to enter into this agreement and perform the obligations set forth under these Terms.

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access or use the Services.

Purchases

Some products or services made available through the Services may be available for purchase (a “Purchase”). By purchasing products or services made available through the Services, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and register or place an order on your behalf.

If you wish make a Purchase, you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or any other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

No Medical Advice

The Services are for informational purposes only. Any advice or information provided on the Services does not create a professional relationship, is not an aid to making medical decisions, and is not marketed, promoted, or otherwise intended to be used to diagnose any disease or other condition, or to cure, mitigate, treat, or prevent any disease. The Services are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services.

If you think you may have a medical emergency, call 911 or go to the nearest emergency room. RELIANCE ON ANY INFORMATION PROVIDED ON THE SERVICES IS SOLELY AT YOUR OWN RISK.

Your Use of the Services

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Services for lawful, internal, and non-commercial purposes.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services, or other actions that we, in our sole discretion, may elect to take.

You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising, or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.

Accuracy of Information

The product information and details that are provided on the Services are for information only and are subject to change without notice. Always verify the model and product information when requesting information or making a Purchase. Some products listed may no longer be available. Some information may not be current, or may have changed since the last time you viewed or downloaded it. We strive to display as accurately as possible the colors of the products shown on the Services; however, we cannot and do not guarantee that your monitor's display of any color will be accurate. We assume no liability or responsibility for any errors or omissions in the Services. WE DO NOT REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION PROVIDED, AND ALL INFORMATION IS PROVIDED SUBJECT TO THE DISCLAIMERS AND LIMITATION OF LIABILITY SET FORTH IN THESE TERMS.

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Content

Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness.

You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else;
  • Violates any law or regulation;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your account or anyone else’s;
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content;
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

By posting Content to the Services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through any medium, including through the Services. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You shall defend, indemnify and hold harmless Lansinoh Laboratories, Inc. and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to your Content or any breach of this Agreement by you.

Reporting Copyright and Other IP Violations

We respect other people's rights and expect you to do the same.

We provide you with tools to help you protect your intellectual property rights, including under the Digital Millennium Copyright Act.

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • You may direct copyright infringement notifications to our DMCA Agent: helpusa@lansinoh.com.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  • If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Intellectual Property

The Services and their original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Lansinoh Laboratories, Inc. and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lansinoh Laboratories, Inc.

Links to Other Web Sites

Our Services may contain links to third-party web sites or services that are not owned or controlled by Lansinoh Laboratories, Inc.

Lansinoh Laboratories, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We do not endorse, warrant, or guarantee the products or services available through such third-parties.  You further acknowledge and agree that Lansinoh Laboratories, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

Limitation of Liability

In no event shall Lansinoh Laboratories, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Lansinoh Laboratories, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Virginia, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.

Changes

These terms may change from time to time by posting a revised version and updating the “Updated” date above. You may not be informed if the change is deemed minor. If a revision is material, we will notify you by email to the primary email address specified in your account, if available.

You are responsible for ensuring we have an accurate and current email address for you and for periodically visiting these Terms to check for any changes. Please check these Terms periodically for updates. Your continued use of the Services after we make changes is deemed to be acceptance of those changes.

Contact Us

If you have any questions about these Terms, please contact us at helpusa@lansinoh.com.

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