Terms of Service

Last Updated: May 1, 2024

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myPFM Health, Inc., d/b/a myPelvicBra ("myPelvicBra" "we" or "us" or "our") owns (or licenses) and operates the website, mypelvicbra.shop, the mobile version of that website, all underlying software, and any sites we have now or in the future that reference these Terms & Conditions (collectively the "Site").

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These Terms & Conditions ("Terms") govern your access to and use of the Site. By accessing or using the Site (including all content and functionality), you agree to these Terms and any additional terms applicable to certain programs in which you may elect to participate. If you do not agree to these Terms, please cease using and/or accessing the Site.

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This Site is considered a general audience site. myPelvicBra does not intend that any portion of the Site will be accessed or used by children under the age of 13, and such use is prohibited. If you use this Site to register an account, purchase a product from us, or enter our online contests or sweepstakes, you affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, our Privacy Policy, and our [Purchase-Related Policies].

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We may, in our sole discretion, modify or revise these Terms at any time by posting the changes on the Site. The "Last Updated" legend above indicates when these Terms were last changed. Any changes are effective immediately upon posting to the Site. Continued use of the Site following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms.

These Terms apply to all users of the Site, including users who are also contributors of any content, information, and other materials or services on the Site. The Site includes, but is not limited to, all information, content, artwork, text, music, products, software and services offered via the Site.

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1. Privacy

Please review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices. You can access our Privacy Policy HERE.

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2. [Purchase-Related Policies]

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These Terms govern your access to and use of the Site. Additional terms and conditions apply to your purchase of myPelvicBra products or services (such as order processing, shipping and handling, returns, and exchanges) (collectively ["Purchase-Related Policies"]). You acknowledge and agree that your rights and responsibilities will be governed by such other [Purchase-Related Policies] as provided in the applicable purchase agreements. In the event there is a conflict between these Terms and the terms provided in an applicable [Purchase-Related Policy] for any product or service offered through the myPelvicBra Site, the terms of such [Purchase-Related Policy] will govern. You can access our [Purchase-Related Polices] HERE.

 

3. Conditions to Use our Site

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Your permission to use the Site is conditioned upon your agreement that you:

•    will comply with these Terms;

•    (i) are 18 years of age or older; (ii) are an emancipated minor, or (iii) have legal parental or guardian consent to use our Site;

•    will not copy or distribute any part of the Site in any manner without our prior written consent;

•    will provide accurate information when creating an account or registering for our Site;

•    will not allow others to use the Site under your User ID and account;

•    are solely responsible for your User ID and the activity that occurs through your User ID;

•   will not use the Site for any commercial purposes other than the specific commercial activities contained on the Site and will not use it to obtain data or personal information about any other user or to solicit other users or advertisers; 

•    are solely responsible for any content provided by you on the Site, including but not limited to any discussion posts, reviews, profile information, links and pictures and ownership of any licenses or rights necessary to use the work of others, and will not submit any copyrighted materials or work subject to another’s proprietary rights;

•    grant the Site and other users a non-exclusive license to read materials you provide and to use, reproduce, distribute, prepare derivative works of and/or display any materials provided by you (this is not applicable to personal information submitted to request services); and

•    agree we have the right to remove any and/or all of your content and terminate your account with or without prior notice.

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4. Fair Use

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If we suspect fraudulent activity and/or we notice unusual or suspicious activity with your account, we may withhold issuing a refund and/or block your account and any associated accounts from future purchases or returns.​​

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Such activity includes but is not limited to: claims relating to orders not being received, items missing; falsifying damages, returning empty packages; unusual patterns of returns activity; returning products that have been worn longer than the expected amount of time to try them on, i.e. wardrobing or free renting; or returning items worn/used that do not match what was originally ordered.

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​If you suspect your account has been deactivated and you need to make a valid return, please email us at hello@mypelvicbra.shop for further assistance​.

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Please note, we reserve the right to take legal action against you if the items you return do not match the items you ordered.

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5. Accuracy of Information

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Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. While we try our best, the Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We also have made every effort to display as accurately as possible the colors of our products that appear on our Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to correct any errors, inaccuracies or omissions - including after an order has been submitted - and to change, update, or remove any contents, links, or resources provided on our Site at any time, and for any reason, without prior notice. We sincerely apologize for any inconvenience this may cause.

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6. Intellectual Property Rights

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As between you and myPelvicBra, all right, title, and interest in and to the Site and its content, features, and functionality, including, but not limited to, products, information, materials, text, graphics, photographs, video, displays, images, audio, music, button icons, data compilations, software, other works of authorship, and the design, selection, arrangement, and compilation thereof (the "Content"), and all intellectual property rights in the Site, are retained by myPelvicBra, our affiliates, our partners or our licensors, and are protected by copyright, patent, intellectual property, and other laws of the United States of America (the “United States” or “U.S.”) and foreign countries. All Content is owned by or licensed to us, subject to copyright and other intellectual property rights under the law of the United States, the law of the jurisdiction where you reside, and international conventions.  All Content on the Site provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners. 

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We reserve all rights that are not expressly granted to you in these Terms.

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You may use the Site for your personal, non-commercial use only. No right, title or interest in or to the Site is transferred to you. For the avoidance of doubt, in no way are we granting any license to you under any intellectual property right. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on our Site, except as follows:

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• Your computer may temporarily store copies of such Content incidental to your accessing and viewing that Content.

 

• You may store files that are automatically cached by your web browser for display enhancement purposes.

 

• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use related to shopping or placing an order with myPelvicBra, and not for further reproduction, publication or distribution.

 

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

• If we provide social media features with certain Content, you may take such actions as are enabled by such features.

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You will not:

• Modify copies of any Content from this Site.

 

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

 

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of Content from this Site.

 

• Access or use for any commercial purposes any part of the Site or any services or Content available through the Site.

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Except as set forth in this Section, if you use or access, or provide any other person with access to, any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

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The trademarks, logos, and service marks displayed on the Site are the registered and unregistered marks of myPelvicBra, our affiliates, or our licensors, in the United States and other countries, and are protected by U.S. and international trademark laws. All other trademarks not owned by us, our affiliates or our licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

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7. No Purchase for Resale

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The Site is intended solely for myPelvicBra to sell its products directly to end consumers. Therefore, the purchase of products for resale, distribution, or commercial purposes is prohibited. Purchase for resale means the purchase of myPelvicBra products by someone who resells, or intends to resell, the products to third parties. If we believe you are purchasing for resale, or have purchased for resale, we reserve the right to take necessary action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

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8. Prohibited Uses of the Site

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By using the Site, you agree not to:

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(i) disrupt, damage, interfere with, violate the security of, or attempt to gain unauthorized access to, the Site or any computer network;

(ii) circumvent any technological measure implemented by myPelvicBra or any of our providers or any other third party (including another user of the Site) to protect the Site;

(iii) use our Site in any manner that could disable, overburden, damage, or impair our Site or interfere with any other party’s use of our Site, including their ability to engage in real time activities through our Site;

(iv) upload, transmit, distribute, or run any computer virus, worm, Trojan horse, logic bomb, or any computer code or other material that could harm or alter a computer, portable device, computer network, communication network, data, the Site, or any other system, device or property;

(v) use any software robots, spiders, crawlers, or other automatic device, process or means to access our Site for any purpose, including monitoring or copying any of the Content on our Site;

(vi) transmit, or cause the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam" or any other similar solicitation;

(vii) attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or jeopardize the security of your account or anyone else’s account (for example, by allowing another individual to login to the Site as you);

(viii) impersonate or attempt to impersonate myPelvicBra, a myPelvicBra employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

(ix) use our Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or otherwise conduct or promote any illegal activities;

(x) send, knowingly receive, upload, download, use or re-use any Content that does not comply with the standards and requirements set out in Sections ‎4 and 5 of these Terms;

(xi) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Site, or which, as determined by us, may harm us or users of our Site or expose us or them to liability;

(xii) purchase for resale; or

(xiii) otherwise attempt to interfere with the proper working of our Site.

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9. Your Account/Profile

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To access certain parts of the Site, we may require you to create an account and/or profile. All such information provided by you shall be accurate and you agree to keep said information up to date. You are responsible for ensuring that all information you provide on our Site is correct, current, and complete. You agree that you will not provide any false or misleading information during the registration process.

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are using a public computer, we strongly encourage you to log out of your account at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.

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Because sharing user login identifications (“User IDs”) is prohibited, we assume that any access to the Site through your User ID is, in fact, you accessing the Site. You are solely responsible for any and all access to the Site by persons using your User ID.  If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as a principal to these Terms, and you agree to accept liability for harm caused by any wrongful use of the Site resulting from such access or use.

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You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security that you become aware of.

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All information you provide when you register for an account on our Site, including through the use of any interactive features, is governed by our Privacy Policy, which is fully incorporated herein, and we may take any action with respect to your information that is consistent with our Privacy Policy. We reserve the right to refuse service, terminate accounts, or remove or edit Content, for any reason, in our sole discretion and without prior notice.

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If we previously terminated your privilege to use the Site, you may not register for another profile or account, nor use another’s profile or account to use the Site or create an account on your behalf.

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10. Linking to the Site and Social Media Features

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You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

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This Site may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Site; (ii) send emails or other communications with certain Content, or links to certain Content, on this Site; (iii) cause portions of Content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

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You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause our Site or any portion of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (iii) link to any part of the Site other than the homepage; (iv) otherwise take any action with respect to the Content on this Site that is inconsistent with any other provision of these Terms.

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The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards and requirements set forth in Sections 4 and 5 of these Terms.

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You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. We may also disable all or any social media features and any links at any time without notice in our discretion.

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11. Third Party Links

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Our Site may include content or links and resources provided by third parties. We are not responsible for the content, privacy policies or practices of any off-Site pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other websites is at your own risk. 

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We are in no way responsible for examining or evaluating, and we make no representations, endorsements, warranties regarding the merchantability, suitability, reputation, professionalism or any other warranties of any kind whatsoever with respect to any off-Site pages, or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, resources, products, services, or any offerings of such pages and websites. You waive and release us, our officers, directors, representatives, employees and agents and all of our sister companies, affiliates, related companies and their officers, directors, representatives, employees and agents, from any claims, liabilities, damages, or injury arising from or related to any act or omission of any of the advertisers and/or any goods and/or services provided in connection therewith.

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In addition, our privacy practices may differ from those of these other websites. If you provide personal information at one of those websites, your information on that website is subject to the privacy policy of the operator of that website, not the myPelvicBra Privacy Policy. Make sure you understand any website's privacy policy before providing them your personal information.

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13. Promotions, Sweepstakes and other Contests

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We reserve the right to, on occasion, offer special promotions, contests and/or sweepstakes intended to provide you an incentive to use or promote the Site or engage with advertisers or others associated with the Site. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret the rules related to any such promotion, contest or sweepstakes in our sole discretion, and you hereby agree to our interpretation.

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14. Submissions

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We welcome inquiries or feedback on the products you use or might like to purchase. However it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas, materials, comments, or other information you provide to us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant and agree to grant to us and our service providers, and each of their and our respective licensees, successors and assigns the irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license and right to use, reproduce, modify, adapt, distribute, create derivative works from, translate, compile, arrange, publicly perform and publicly display, and otherwise disclose to third parties any Submission in any form, media, or technology, whether now known or hereafter developed, make, use, sell, import, offer for sale, or otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Submissions in any manner we choose, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. While such Submissions will be treated as non-proprietary and non-confidential, we will not use your name unless we are required by law to identify the source of the Submission, or unless we first obtain your permission.

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You agree to not post or use any Submission in any way that:

•    infringes the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others;

•    violates the privacy, publicity, or other rights of third parties;

•    is unlawful, false, inaccurate, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion; or

•    could damage our company, sister companies, affiliates, advertisers, or other parties.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission complies with the standards and requirements in Sections 4 and 5 of these Terms. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.

We are not obligated in any way to remove any Submission that may violate one or more of these restrictions. We may, but are not obligated to, remove any Submission in violation of these terms, terminate user accounts or take other actions.  We are not responsible for any harm to you caused by a Submission.  

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Copyright Notice

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If you believe we have infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to hello@mypelvicbra.shop  or to the copyright agent on file with the U.S. Copyright Office with the Subject: “copyright notice.”  Your notice needs to include: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) 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; (3) 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; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (5) 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 (6) 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.   

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15. Indemnification

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You agree to defend, indemnify and hold harmless myPelvicBra, its directors, officers, representatives, employees, shareholders, affiliates, contractors, agents, licensors, related companies and suppliers, and the officers, directors, representatives, employees and agents of each of the foregoing, against any and all liabilities, claims, demands, losses, damages, obligations, costs or debt, or expenses (including but not limited to reasonable attorneys’ fees), arising from: (i) your violation of any term of these Terms of Service; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim made by any third party due to or arising out of or in connection with your use of the Site or breach of these terms (including but not limited to your Submissions).

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16. Representations and Warranties; Limitation of Liability

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT AVAILABLE ON IT OR THROUGH IT ARE PROVIDED FOR YOUR CONVENIENCE, "AS IS", “WHEREIS” AND "AS AVAILABLE" WITH ALL FAULTS AND ERRORS. MYPELVICBRA AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, FOR THE SITE AND THE GOODS AND SERVICES DESCRIBED THEREON.

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MYPELVICBRA AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE SITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES.  WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.  

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MYPELVIC BRA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SITE OR ANY HYPERLINKED SITE OR SERVICE.

MYPELVICBRA MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, AND MYPELVICBRA WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE.

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YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE SITE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYPELVICBRA, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS OF EACH, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, INCLUDING DAMAGES FOR LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, SERVICE INTERRUPTION, LOST DATA OR CONTENT, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE SITE, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON OUR SITE OR SUCH OTHER SITES, ANY SERVICES OR PRODUCTS OBTAINED THROUGH OUR SITE OR SUCH OTHER SITES, ANY BREACH OF THESE TERMS, ANY ACT OR OMISSION BY US OR OUR PERSONNEL, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (WARRANTY, CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

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THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MYPELVICBRA AND YOU.

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myPelvicBra is the owner of this Site and is based in the state of Texas in the United States. We make no claims that the Site or any of its Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

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17. Not Intended as Medical Advice

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We created our products to empower people. However, our products are not medical devices, and our Site does not offer medical information. 

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YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE AND PROVIDED THROUGH OUR SERVICES IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL ADVICE OF ANY KIND. THE INFORMATION PRESENTED ON THE SITE OR THROUGH OUR SERVICES SHOULD NOT BE CONSTRUED IN ANY WAY AS A REPLACEMENT OR SUBSTITUTE FOR MEDICAL ADVICE PROVIDED BY YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. YOU SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE OR TREATMENT FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER DUE TO ANY INFORMATION PROVIDED ON OUR SITE. TO THAT END, YOUR USE OF THE SITE OR OUR PRODUCTS IN NO WAY CREATES A PHYSICIAN/PATIENT, CONFIDENTIAL OR PRIVILEGED RELATIONSHIP, OR ANY SIMILAR RELATIONSHIP THAT WOULD GIVE US DUTIES.

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OUR PRODUCTS AND ANY CLAIMS ON THE SITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. Because bodies are different, we make no guarantee that our products will do what you want them to do. IF YOU SUSPECT YOU MAY HAVE A HEALTH PROBLEM, PLEASE CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.

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18. Disputes; Governing Law

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You agree that the Terms and any claim, dispute, action, cause of action, issue or request for relief between you and myPelvicBra arising out of or relating to these Terms, your visit to our Site, or to products or services purchased via our Site, (each a "Dispute") will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

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If a Dispute arises between you and myPelvicBra, our goal is to learn about and address your concerns. You agree that you will notify myPelvicBra about any Dispute you have with us regarding these Terms, our Site, or our products or services by contacting myPelvicBra at hello@mypelvicbra.shop. We’ll try to resolve the Dispute informally by contacting you through email. You and myPelvicBra agree that before either party begins arbitration, we will connect (likely via email) in a good faith effort to informally resolve any Dispute covered by this Arbitration Agreement (the “Informal Dispute Resolution”). If a Dispute in Informal Dispute Resolution is not resolved within ninety (90) days, you or myPelvicBra may submit that Dispute to arbitration in accordance with Section 19 below. That said, if you have in any manner violated or threatened to violate our intellectual property rights, we do not need to resolve our related Disputes with you through arbitration.

 

19. Arbitration

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You and myPelvicBra agree to submit any Dispute not resolved by Informal Dispute Resolution (except for Disputes regarding your actual or threatened violation of our intellectual property rights) to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. The party who wants to start arbitration must first send the other party a request for arbitration (the “Request”). The Request must include the following information:

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1. the name, telephone number, mailing address, and e-mail address of the party requesting arbitration;

2. (if applicable) User ID, and the email address asserted with that User ID, of the party requesting arbitration; 

3. statement of legal claims being asserted and factual basis of those claims; 

4. description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in U.S. dollars; 

5. statement certifying that the Informal Dispute Resolution process explained in Section 18 above was completed in good faith; and

6. evidence that the requesting party has paid any necessary filing fees in connection with the arbitration.

If the party requesting arbitration is represented by counsel (i.e., one or more lawyer), the Request should also include the counsel’s:

1. name;

2. telephone number;

3. mailing address;

4. email address; and

5. signature, by which the counsel certifies that to the best of the counsel’s knowledge, information and belief, formed after an inquiry reasonable under the circumstances:

   1. the Request is not presented for an improper purpose, like to harass the other party, cause unnecessary delay, or needlessly increase the cost of dispute resolutions;

   2. the claims, defenses and other legal contentions are backed by either existing law, or a nonfrivolous argument for extending, modifying, creating, or reversing law; and

   3. the factual and damages contentions have (or, after a reasonable opportunity for further investigation or discovery, likely will have) evidentiary support.

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Without limiting the scope of Section 16 of these Terms, arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and myPelvicBra.

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You and myPelvicBra shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and myPelvicBra shall each separately pay your or its own attorneys’ fees and costs. 

This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA") and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall take place in Bell County, Texas. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

 

20. Waiver of Jury Trial. 

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YOU AND MYPELVICBRA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and myPelvicBra are instead electing that all Disputes be resolved by arbitration under Section 19 of these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

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Notwithstanding the above, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court with jurisdiction, whether or not it is in Texas. You consent to exclusive jurisdiction and venue in such courts.

 

21. Limitation on Claims

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Regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.

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22. Term and Termination

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We reserve the right to alter or discontinue the Site or any of the services provided through the Site at any time without prior notice. We also reserve the right to terminate these Terms at our election and for any reason, without prior notice. These Terms will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth below. A termination will result in the immediate cessation of your right to access the Site. The disclaimers of warranty and limitation of liability (including Section 17), indemnity and all terms and conditions related to your Submissions and Disputes shall survive the termination of these Terms. 

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You may also cancel your account at any time by contacting customer service at hello@mypelvicbra.shop. 

 

23. Entire Agreement; Waiver; Severability

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These Terms, together with our Privacy Policy, constitute the complete and exclusive understanding between you and myPelvicBra with respect to your use of the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between myPelvicBra and you regarding the Site.

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between you and myPelvicBra. myPelvicBra’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms.

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If a court or tribunal of competent jurisdiction should find one or more rights or provisions set forth in these Terms invalid, you agree that the invalid provision will be enforceable to the fullest extent permitted by law. Such invalidity shall not affect the enforceability of any other provisions contained in these Terms, and the remaining portions of these Terms shall continue in full force and effect. We may amend or replace such provisions with ones that are valid and enforceable and which achieve, to the extent possible, our original objectives and intent as reflected in the original provisions.

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24. Miscellaneous

The section headings used herein are for convenience only and shall be of no legal force or effect. There are no third-party beneficiaries of these Terms. You may not assign these Terms or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.  No one shall be deemed a third-party beneficiary to these Terms.

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25. Contact Us

If you have any questions regarding these Terms, please email us at hello@mypelvicbra.shop.