Marshall Enterprises ("Fertiletee.com") appreciates your interest in its product and your visit to this web site. Your access to and use of the site is subject to the following terms and conditions and all applicable laws. By accessing and browsing this site, you accept, without limitation or qualification, the following Terms and Conditions and acknowledge that any other agreements between you and Fertiletee.com are of no force or effect.
Terms and Conditions
Fertiletee.com presents the information on this web site as a service to its
customers and other internet users. Fertiletee.com makes no warranty or guarantee
concerning the accuracy or reliability of the content of this site or other
sites to which this site links. Any unauthorized downloading or distribution
of any copyrighted material from this site or from sites to which this site
links, without the copyright owner's permission, is strictly prohibited.
2. You should assume that everything that you see or read on this site is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of Fertiletee.com or other copyright owner, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on Fertiletee.com's internet sites are subject to the copyrights of Fertiletee.com, including names identifying our products, such as "fertiletee" and Fertiletee.com 's corporate logos and emblems. Modifying, distributing or using for any purpose the material in any Fertiletee.com web site which is copyrighted or otherwise protected under intellectual property laws directly violates Fertiletee.com 's intellectual property rights. The material contained in this web site is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
3. Fertiletee.com makes no warranty or guarantee concerning the accuracy or reliability of the content at this site or other sites to which the site links. All information concerning products are based on current information at the time of programming. Fertiletee.com reserves the right to make changes at any time, without notice, in the information contained on this internet site, including without limitation, discontinuing or changing colors, materials, fabrics, designs, or specifications. Without limiting the foregoing, THIS WEB SITE AND THE INFORMATION, SOFTWARE AND OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FERTILETEE.COM DOES NOT WARRANT THAT THE WEB SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THE WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THIS EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
4. UNDER NO CIRCUMSTANCES SHALL FERTILETEE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE WEB SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THIS EXCLUSION ON CONSEQUENTIAL AND INCIDENTAL DAMAGES MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Fertiletee.com's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation negligence), or otherwise) will not be greater than the direct incremental amount, if any, you paid specifically to access this site.
Nothing in this web site is to be construed as a recommendation to use any product, process, equipment or formulation in conflict with any third party patents.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD FERTILETEE.COM HARMLESS FROM ANY AND ALL LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.
5. All information contained at this Web site is intended for the USA market only. This Web site is controlled, maintained, and serviced by Fertiletee.com with the State of California, United States of America. This Web site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this web site both you and Fertiletee.com agree that the statutes and laws of the State of California, without regard to conflicts of laws principles, will apply to all matters relating to the use of this Web site. You and Fertiletee.com also agree, and hereby submit to, the exclusive personal jurisdiction and venue of the Court of Los Angeles. Fertiletee.com makes no representation that the information and materials in this Web site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in this Web site in violation of U.S. export laws and regulations.
6. Many of the product displayed throughout the pages of this web site are protected by patents issued by the United States. These design patents, which are owned by Fertiletee.com, cover one or more of the ornamental or aesthetic features forming the overall product product. Design patents may also be pending in the United States and other countries worldwide which will serve to protect the designs of these products when they issue from the respective country. These product designs are exclusive property of Fertiletee.com and may not be copied, modified, or imitated without the prior written permissions of Fertiletee.com. We are certain that you understand that Fertiletee.com must protect its intellectual property, including its patents, trademarks, and copyrights. Therefore, no license to Fertiletee.com 's intellectual property has been granted by this internet site.
7. All remarks, questions, suggestions, ideas, graphics, data or other information communicated to Fertiletee.com directly through this web site or e-mail will become the exclusive property of Fertiletee.com, and is, and will be treated as, non-confidential and nonproprietary. Without limitation, anything you transmit, submit, or post becomes the exclusive property of Fertiletee.com, and may be used for any purpose, including, but not limited to, reproduction, transmission, publication, broadcast, and posting. Furthermore, Fertiletee.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Web site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, and Fertiletee.com will not incur any liability as a result of any similarities to the communicated materials that may appear in its products, business or services. Additionally, through your usage of this web site you may submit and/or Fertiletee.com may gather certain information about you and your web site usage. Fertiletee.com is free to use this information for any purpose it deems appropriate, including, but not limited to, marketing purposes.
8. Fertiletee.com reserves the right, in its sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by Fertiletee.com, you should review this page each time you connect to Fertiletee.com 's web site. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this site.
updated February 2003