WEBSITE TERMS OF SERVICE

Effective: 11-08-2024

Thank you for visiting Menopause Taylor! We are delighted to help you manage your menopause your way. 

Throughout these terms of service (“Terms”), we use “I”, “we”, and “our” to refer to Menopause Taylor. These Terms cover your use and access to our services and website (the “Site”). By accessing the website and/or using the Site, you represent that you agree with these Terms. Please don’t use the Site if you don’t agree to these Terms because once you are on the Site, you have to follow the rules. Some parts of the Site may have other terms, guidelines, or rules, and if you use those parts, those additional terms will also apply. 

Privacy Policy

Our Terms and Conditions(T&C) include our Privacy Policy. Please ensure, when agreeing to them, that you have read and understand our Privacy Policy.

Who can use the Site

Menopause doesn’t always care about your age, but these Terms do. To use our Site, you must be at least 18 years of age. You can use the Site if you are under 18, but only if you are at least 16 years old and only if a parent or legal guardian who is at least 18 years old supervises you. If the law where you reside requires that you must be older in order for us to lawfully provide the Site to you without parental consent (including use of your personal data), then you must be that older age. 

We like to assume that anyone who uses the Site is a kind and respectful human being. However, we all know that is not always the case. Therefore, we reserve the right to refuse our services (including use of the Site) to anyone, for any reason, at any time (including for violations of these Terms).

We reserve the right to disable access to specific services, including but not limited to consultations, via our website.

How you use the Site

We want you to be bold, to take risks, and to break a few rules (just not these ones). You have to follow the laws in your jurisdiction when using our Site. We will also follow applicable laws and we will not provide any services if those services violate applicable law or expose us or our affiliates to any liability, sanction, prohibition, or restriction.

To keep us all safe and happy, we’ve listed out a few other rules for using the Site: 

• Don’t use the Site for any illegal or unauthorized purpose. 
• Don’t post mean (and/or stolen) content when using the Site. You can’t display, transmit or otherwise make available material that is infringing, threatening, harassing, libelous, hateful, racially, or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another’s privacy, or violative of third-party privacy rights on or through the Site.
• Don’t break or steal our content. You can’t reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Site. You also can’t use or access the Site in a manner that could damage, disable, overburden, or impair our server or the networks connected to our server.
• Don’t copy our content. You can’t access the Site in order to build a competitive product or service, or copy any features, functions, or graphics of the Site.
• Don’t use our stuff unless we tell you it’s OK (in writing). You can’t frame or utilize framing techniques to enclose any of our trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You also can’t make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Menopause Taylor or any of our third-party licensors without our express written consent. 
• Don’t ruin the fun for anyone else. You can’t interfere with any third party’s use and enjoyment of the Site.
• Don’t hack into our Site. You can’t attempt to gain unauthorized access to the Site, accounts, computer systems, or networks connected to our server through hacking, password mining, or any other means. 

If you want to use the Site, you agree not to misuse the Site or help anyone else to do so. 

Communications and Videos

We love hearing from you, and you may have the opportunity to submit ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through the Site or other platforms (collectively, “Submissions”). We may want to use your Submissions to promote the services or simply because we want to share your brilliance with the world. If you share Submissions with us, you give us permission to use those Submissions however we want and for as long as we want without paying you for them. You agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this section, and that any Submissions you provide will not violate, infringe, or misappropriate any rights of any third party. You alone, though, retain the legal right, title, and interest that you have in your Submission and remain responsible for them.

We may offer mobile SMS/text message and mobile alert updates as a text messaging/mobile email service. You may be charged a fee to send and receive messages based on the terms of your wireless service. Check your wireless service provider if you have questions about your service plan. By providing us with your wireless number, you confirm that you want us to send you information regarding your account or transactions with us and that we think may be of interest to you, which may include using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from us. Neither we, or our carriers, are liable for delayed or undelivered messages. 

There are lots of videos on the Site. These are for your education and to help you manage your menopause your way. We use third-party hosting and analytics services to help us keep these videos available and viewable. We also use these services to figure out what kind of videos you and our other visitors are most interested in. When you view these videos, you agree that these third-party service providers can obtain information related to your watching of these videos. After all, that is the way that all these video services work.

Purchases & Refunds

Some of the content on our website requires you to pay for it. If you provide us with payment information – such as a credit card number, CVV, and expiration date – you represent and warrant that you are the rightful owner of such payment method and that you are authorized to lawfully use such payment method. By initiating a purchase with us, you agree to pay all charges associated with your transaction (including any sales taxes, surcharges, and any delivery fees for the delivery service you select). 

While we love that you love us (and the work that we do), we reserve the right to:

• Limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. 
• Limit the quantities of any products or services that we offer. 
• Refuse any order you place with us. 
• Discontinue any product or service at any time. 
• Change the descriptions and/or prices of our products and/or services. 

Refunds

There are two circumstances in which we will issue a refund:

1. If you cancel your consultation before your questionnaire submission deadline, we will issue a credit to your account in the amount of the charge.
2. If we charged your credit card or other account and we are obliged to cancel your consultation appointment for reasons outside of your control, we will issue a credit to your account or card in the amount of the charge.

We will not issue a refund:

1. If we are obliged to cancel your consultation as a result of your failure to submit your questionnaire by the required deadline. (Your missed appointment will have prevented another client from benefiting from a consultation at this time.)
2. If you have submitted your questionnaire and are unable to keep your appointment. (Dr. Taylor will already have spent time writing your Taylored Gynecologic Handbook.)

We do our best to describe every product or service offered on our Site as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Site are complete, accurate, reliable, current, or error-free. We also do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected.

Information on the Site

The information this Site is given for general information and general interest purposes only. While we try to keep the information accurate and up to date, some of the information on our Site may be outdated. As a result, you should not rely on this information for making decisions, and we recommend that you take further advice and/or seek further guidance before taking any action based on the information contained on this website.

Other People’s Stuff

This Site may contain content from and hyperlinks to websites, locations, platforms, and services operated and owned by someone other than us (“Third Party Services”). We may also include Third Party Services on our Site or in our services. Since these Third Party Services are not owned, controlled, or operated by us, you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk.

Services “AS IS”

We strive to provide great services, but there are certain things that we can’t guarantee. to the fullest extent permitted by law, we and our affiliates, suppliers, and distributors make no warranties, either express or implied, about the site. the site is provided “as is.” we also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you. 

Limitation of Our Liability

We don’t exclude or limit our liability to you where it would be illegal to do so—this includes any liability for our or our affiliates’ fraud or fraudulent misrepresentation in providing the site. in countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. this paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement. if you are an eu or uk consumer, these terms do not exclude our liability for losses and damages that are a result of our failure to use reasonable care and skill in providing the site or of our breach of our contract with you, as long as those losses and damages are reasonably foreseeable.

In countries where exclusions or limitations of liability are allowed, we, our affiliates, suppliers, or distributors won’t be liable for:

1. Any indirect, special, incidental, punitive, exemplary, or consequential damages, or
2. Any loss of use, data, business, or profits, regardless of legal theory.

These exclusions or limitations will apply regardless of whether or not we or any of our affiliates have been warned of the possibility of such damages.

Indemnification

If you are using the Site in accordance with these Terms, we will defend you if a third party brings a claim, demand, suit, or proceeding (“Claim”) against you alleging that your use of the Site infringes or misappropriates on their intellectual property rights. We will also reimburse you for any amounts you have to pay because of the Claim if an appropriate court rules that the Claim is valid. In order for us to defend and reimburse you, you have to tell us about the Claim. You agree to: (a) promptly give us written notice of the Claim; (b) give us sole control of the defense and settlement of the Claim (we won’t settle any Claim unless the settlement unconditionally releases you of all liability); and (c) provide to us all reasonable assistance, at our expense.

You agree to defend us if a third party brings a Claim against us alleging that your use of the Site violates these Terms or that your Submissions infringe or misappropriate the intellectual property rights of a third party or violate applicable law. You agree to reimburse us for any amounts we have to pay because of the Claim if an appropriate court rules that the Claim is valid. We agree to: (a) promptly give you written notice of the Claim; and (b) provide you with all reasonable assistance, at our expense.

This section and the section on Injunctive Relief states our sole liability to each other, and the exclusive remedy against, the other party for any type of Claim described in this section.

Changes to the Terms and the Site

We may need to make changes to these Terms and/or the Site in the future. We reserve the right to make changes, modifications, amendments, and/or updates to these Terms and/or the Site. All such changes are effective immediately when we post them. If you object to any such changes, your sole recourse is to stop using the Site. 

Continuing Terms

Even if you stop using the Site or we restrict your access to the Site, certain terms will still continue to apply to you, including sections on How you use the Site, Communications, Purchases, Other People’s Content, Services “AS IS”, Limitation of Our Liability, Indemnification, Changes to the Terms and the Site Agreement to Arbitrate Disputes and Class Action Waiver, Governing Law, Injunctive Relief, and General Provisions, will survive. We don’t have to maintain or provide you a copy of any of your data unless we are legally required to do so.

Governing Law

This Agreement shall be governed by the laws of Texas, without reference to the principles of conflicts of laws thereof. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.

Injunctive Relief

If you do something that violates these Terms, we may want to stop you from doing it. You consent and agree that if you violate these Terms, we may obtain injunctions, orders, or decrees to stop you from violating these Terms. This is in addition to your agreement in the section titled Indemnification above to reimburse and defend us. You hereby waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.

Agreement to arbitrate disputes and class action waiver

This section is important.

Please read this section carefully. it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. it contains procedures for mandatory binding arbitration and a class action waiver. do not use the site if you do not agree to the following terms.

Mutual Agreement to Arbitrate

You and Menopause Taylor mutually agree to resolve any claims related to these Terms and the Site (including your access to and/or use of the Site) through final and binding arbitration to the fullest extent allowed by law except as follows:   

• If applicable law does not allow you and Menopause Taylor to use arbitration to resolve a claim (including but not limited to claims by California residents under the California Private Attorney General Act of 2004, to the extent exclusion from arbitration is required by California law, and claims or charges that must be filed with a governmental administrative agency). 
• If you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration. 
• If you or Menopause Taylor violate these Terms and bring that should be arbitrated into a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Agreement to Arbitrate and Class Action Waiver. 

What is Arbitration

Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. 

Arbitration Rules and Costs

You and Menopause Taylor agree that:

• The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation of this dispute resolution provision. 
• Arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties. If the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by AAA.  
• The AAA Consumer Arbitration Rules that are in effect at the time of the filing of the written demand for arbitration will govern the arbitration, except as follows: 
  • Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under the applicable law.
  • No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
  • All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information. If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
  • The arbitrator shall have the authority to award the same damages and other relief that would have been available in court.
  • Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication. 
  • The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
  • The Federal Rules of Evidence shall apply to all arbitration proceedings.
  • For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.
  • The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
  • The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
  • The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
  • If you initiate arbitration, you will pay the first $250, and we will pay all other filing, administrative, or hearing fees. If we initiate arbitration, we will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, you will remain responsible for your attorneys’ fees and costs unless the law covering the claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that you may recover a certain amount of attorneys’ fees and costs.

Arbitration Procedures

To initiate arbitration, the party bringing a claim must prepare a written demand for arbitration setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by email, by hand, or by first class mail to us at 5828 Dolores St, Houston, TX 77057.  

Any cause of action or claim you may have arising out of or relating to this agreement or the site must be commenced within two (2) years after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Unenforceable Terms

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

Class Action Waiver

You may only resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Revisions to the Terms

If we revise or terminate these Terms to modify or terminate this Arbitration and Class Action Waiver such modification or termination will not apply if we are already in a pending arbitration with you or if any Claim that you or we knew about prior to the modification or termination, except as may be required by applicable law.

Miscellaneous

If you create or use an account on behalf of a business entity or access the Site on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. These Terms constitute the entire understanding and agreement between Menopause Taylor and you with regard to your use of the Site and any materials or services you receive via the Site. 

Contact Information

Questions about these Terms or the Site should be sent to us at clientsupport@menopausetaylor.me.

Our contact information:

Menopause Taylor LLC
5828 Dolores St.,
Houston,
Texas 77057

+1 (713) 439-0900