Updated January 12, 2022
GENERAL.
Hypothyroid Mom LLC (“Hypothyroid Mom”, “we”, “us”, “our”) owns and operates the website located at the URL https://hypothyroidmom.com (“Site”). These Terms and Conditions (“Agreement”) constitute an agreement between Hypothyroid Mom LLC and you, the visitor (“User”, “you”), governing your access and use of the Site and the services available to users through the Site (“Services”).
Your use of and/or registration on any aspect of the Site or Services will constitute your agreement to this Terms and Conditions Agreement. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions. If you cannot agree with these terms and conditions, promptly exit the Site and discontinue use of the Services.
We reserve the right, in our sole discretion, to modify or update these Terms and Conditions at any time for any reason, without notice to you. It is your responsibility to periodically review these Terms and Conditions as posted here for any changes. Your continued use of the Site or Services by you will constitute your acceptance of any changes or revisions to the Terms and Conditions.
You may only use the Site and Services if you are 18 years of age or older. By accessing or using the Site and Services, you confirm that you meet this requirement.
INTELLECTUAL PROPERTY RIGHTS.
Subject to your compliance with these Terms and Conditions, Hypothyroid Mom LLC grants you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable license to access and make non-commercial personal use of the Site and Services. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not use any meta tags or any other “hidden text” utilizing Hypothyroid Mom LLC’s name or trademarks without the express written consent of Hypothyroid Mom LLC. All materials on the Site, Services, and social media accounts are the copyrighted property of Hypothyroid Mom LLC. You shall not reproduce, duplicate, copy, modify, republish, upload, post, transmit, translate, sell, resell, create derivative works, distribute in any manner, or otherwise exploit any material from Hypothyroid Mom LLC. The Site is protected by United States and international copyright and trademark laws.
Hypothyroid Mom is a registered trademark of Hypothyroid Mom LLC and is registered with the U.S. Patent and Trademark Office.
By submitting or posting any material (including blog comments, guest articles, social media postings and comments) to us via the Site, Services, social media accounts, contact forms, email, text, private messages, DMs, or otherwise, you are representing: (i) that you are the author and copyright owner of the submission and/or have all rights necessary to provide this submission including images and videos; (ii) that you take full responsibility for the accuracy, copyright compliance, decency, legality, or any other aspect of submitted material; (iii) that you grant Hypothyroid Mom LLC unrestricted, worldwide, irrevocable, royalty-free, perpetual, nonexclusive right to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute, and display such content in whole or part including any guest post, testimonial, photos, videos, information, ideas, drawing or concepts contained in such content; (iv) that you agree to be solely responsible for your submitted content including links to external websites and any consequences of publishing it on the Site. You agree that the views expressed on the Site are your own and do not reflect the views of Hypothyroid Mom LLC. Posting your submitted content on our Site does not constitute support or endorsement by Hypothyroid Mom LLC; and (v) that you acknowledge that we reserve the right to remove or reject submitted content by you at any time without notice and without need to provide explanation.
Hypothyroid Mom LLC is not responsible for and does not necessarily hold the opinions expressed by our content contributors in the form of guest blog posts. Opinions and other statements expressed by guest writers are theirs alone, not opinions of Hypothyroid Mom LLC. Content created by a third party is the sole responsibility of the third party and its accuracy and completeness are not endorsed or guaranteed. While some of our content contributors may be professional health care providers including physicians, Hypothyroid Mom LLC is not rendering medical advice of any kind.
RIGHT TO REPRODUCE.
If you do post content or submit material, and unless we indicate otherwise, you grant Hypothyroid Mom LLC its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hypothyroid Mom LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hypothyroid Mom LLC or its affiliates for all claims resulting from content you supply as set out under the heading entitled “Indemnification”. Hypothyroid Mom LLC has the right but not the obligation to monitor and edit or remove any activity or content. Hypothyroid Mom LLC takes no responsibility and assumes no liability for any content posted by you or any third party as set out throughout the Terms and Conditions.
NO MEDICAL ADVICE OR SERVICES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL INFORMATION PROVIDED ON THE SITE, SERVICES, AND SOCIAL MEDIA PLATFORMS INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND OTHER MATERIALS, WHETHER PROVIDED BY HYPOTHYROID MOM LLC, OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED OR RELIED UPON AS MEDICAL ADVICE OR USED IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE MAKING ANY CHANGES TO YOUR HEALTH INCLUDING CHANGES BASED ON INFORMATION YOU OBTAIN FROM HYPOTHYROID MOM LLC. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
NEVER DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SITE. HYPOTHYROID MOM LLC IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, SERVICES, OR SOCIAL MEDIA PLATFORMS, WHETHER PROVIDED BY HYPOTHYROID MOM LLC, ITS CONTENT CONTRIBUTORS, MEDICAL EXPERTS, SPONSORS, AFFILIATES, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL “911”OR OTHER EMERGENCY LINE (BASED ON YOUR COUNTRY OF USE) IMMEDIATELY.
REFERRALS TO NITEK MEDICAL INC.
Hypothyroid Mom LLC provides an online marketing platform to connect patients to a global network of independent third party providers through Nitek Medical Inc. (“NiTek”). Hypothyroid Mom LLC does not provide medical advice or medical care of any kind. NiTek delivers and is responsible for all clinical services provided by NiTek and independent third party providers contracted by NiTek to deliver or assist in the delivery of clinical services and products to patients, including NiTek’s patented Thyroflex devices, Thyroflex testing locations, parties delivering products to Thyroflex testing locations, Thyroflex trained technicians, staff, laboratory services, digital platform, payment processing, mobile app, telemedicine services, medical providers, treatment protocols, nutraceuticals, supplements, pharmacies, and prescription medications. NiTek is an independent entity.
Hypothyroid Mom LLC does not provide any physician or other provider services itself and we do not control or interfere with the practice of medicine by the physicians or any of the providers related to NiTek, each of whom is solely responsible for directing the medical care and treatment they provide you. By accepting this Agreement, you acknowledge and agree that Hypothyroid Mom LLC is not a healthcare provider and that you are not entering into a doctor-patient or other healthcare provider-patient relationship with Hypothyroid Mom LLC. All providers are independently contracted or employed by NiTek. The providers are independent of Hypothyroid Mom LLC.
Hypothyroid Mom LLC does not recommend or endorse any specific tests, physicians, providers, medications, nutraceuticals, products, procedures, or services that are recommended by the providers. You acknowledge that your reliance on any providers or information provided by the providers is solely at your own risk.
When you purchase from NiTek, your payment is made to NiTek and NiTek handles payment processing on their website. In completing the purchase, you are establishing a direct customer relationship with NiTek, not Hypothyroid Mom LLC.
Hypothyroid Mom LLC does not collect or store any billing, medical or health information related to your purchases with NiTek. You expressly acknowledge and agree that NiTek is responsible for securing your billing, medical, and health information in accordance with their Privacy Policy and Terms of Use. Hypothyroid Mom LLC has no responsibility or liability for these independent policies.
In no event will Hypothyroid Mom LLC be liable to any party for any direct, indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of your purchases from NiTek or any providers contracted by NiTek to provide products or services to you. Hypothyroid Mom LLC disclaims all representations and warranties of any kind with respect to any professional that is or may be featured on our Site, that is or may be featured or recommended by NiTek, that is or may be featured or recommended by third party providers assisting NiTek in the delivery of its products and services. Hypothyroid Mom LLC does not screen any of the providers and we do not endorse or recommend the providers. Accordingly, Hypothyroid Mom LLC cannot guarantee the success or level of care that may be provided by any such provider or professional. Each and every user that purchases from NiTek or any providers contracted by NiTek to provide products or services to you shall do so at his/her own risk.
THIRD PARTY LINKS.
Hypothyroid Mom LLC includes links to third party websites (“Linked Sites”) on the Site including links to products and services available for purchase online by third parties. Hypothyroid Mom LLC participates in affiliate programs. When you click on some, but not all, links on the Site including blog articles, online member portal, digital class content, social media posts, and/or email communications, we may earn a commission from these programs. Hypothyroid Mom LLC does not endorse, make claim to or verify any of the information found on third party websites including affiliates. Hypothyroid Mom LLC is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of the content, products, and service of any such Linked Sites, or any additional links contained therein. These links do not imply Hypothyroid Mom LLC’s endorsement of or association with the Linked Sites. In no event shall Hypothyroid Mom LLC be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of the Linked Sites or the information, advice, products or services accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster.
Your participation, correspondence or business dealings with any third party found on or through our Sites are solely between you and such third party. You agree that Hypothyroid Mom LLC shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings. If you make a purchase on a Linked Site found on or through the Site or any additional links contained in the Linked Site, that purchase is made solely between you and such independent third party. A Linked Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. You agree that Hypothyroid Mom LLC shall not be responsible or liable for any loss or damage that you incur, and agree not to assert any claims against Hypothyroid Mom LLC, arising from your purchase or use of any products or services made available by third parties through the Site.
SOCIAL FEATURES.
Our Site includes a commenting functionality and our social media accounts have active member participation. Our Services may also include exclusive access to private Facebook groups for members only and group video calls. We do not control the posts, comments, messages, information, links or files that you or others may provide through these public forums. Hypothyroid Mom LLC expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these interactive forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the members and do not reflect the opinions of Hypothyroid Mom LLC. We are not obligated whatsoever to monitor any of the content or postings on these public forums. However, you agree and acknowledge that we reserve the right to alter, edit, refuse to post, remove any postings, or block individuals for any reason including violation of posted rules of engagement.
CONFIDENTIALITY.
If you use the Site or Services, you are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer, which may comprise such confidential personal information, and you agree to accept responsibility for all and any potential distribution of such confidential personal information.
TERMINATION.
We reserve the right to cancel or terminate your right to use any part of the Site, Services or social media platforms for any reason at any time without notice including 1) to protect and defend our rights or property or those of our users or licensees, (2) to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of our Terms & Conditions, Privacy Policy or any other terms of use or agreement you have with us.
DISCLAIMER OF WARRANTIES.
EXCEPT AS EXPRESSLY PROVIDED HEREUNDER TO THE CONTRARY, THE HYPOTHYROID MOM SITE, THE CONTENT THEREON, AND THE PRODUCTS/SERVICES OFFERED THEREBY ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH ELSEWHERE IN THESE TERMS AND CONDITIONS, HYPOTHYROID MOM LLC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY HYPOTHYROID MOM LLC, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT THEREIN, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE THEREOF, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
HYPOTHYROID MOM LLC DOES NOT WARRANT OR GUARANTEE (A) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (B) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRECEDING SHALL EQUALLY AND FULLY APPLY TO ALL CONTENT, SERVICES OR PRODUCTS MADE AVAILABLE BY HYPOTHYROID MOM LLC.
HYPOTHYROID MOM LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE. IN ADDITION, EACH AND EVERY USER THAT SEEKS TO PROCURE AND USE PRODUCTS AND/OR SERVICES FROM HYPOTHYROID MOM LLC SHALL DO SO AT HIS/HER OWN RISK.
LIMITATION OF LIABILITY.
IN NO EVENT WILL HYPOTHYROID MOM LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, SUPPLIERS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE HYPOTHYROID MOM SITE, INCLUDING OUR BLOGS, SOCIAL MEDIA POSTS, COMMENTS OF OTHERS, BOOKS, VIDEOS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF HYPOTHYROID MOM LLC OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL OR THIRD PARTY LINKED SITE; (iii) FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER; OR (iv) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, ANY MATERIALS, PRODUCTS, SERVICES, REFERRALS, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF HYPOTHYROID MOM LLC TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND SERVICES IS $1000 (ONE THOUSAND U.S. DOLLARS).
INDEMNIFICATION.
Upon a request by Hypothyroid Mom LLC, you agree to defend, indemnify and hold Hypothyroid Mom LLC, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Hypothyroid Mom LLC Sites and Services, or the uploading, posting, publishing, -mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms by you. Hypothyroid Mom LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Hypothyroid Mom LLC in asserting any available defense.
JURISDICTION.
You agree that these Terms and Conditions shall be construed according to the laws of the Province of Ontario, Canada. In the event a dispute arises, you agree and expressly consent that such dispute shall be settled by an arbitrator, who shall be Arbitration Place, currently in Toronto, Ontario, Canada or an arbitrator chosen by Arbitration Place. You agree that the arbitrator shall decide the procedure of the arbitration and such costs of the arbitration shall be paid equally by You and Hypothyroid Mom LLC.
BINDING ARBITRATION & CLASS ACTION WAIVER.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You may only resolve disputes with us on an individual basis, and 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 aren’t allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims unless all parties specifically agree to do so following initiation of the arbitration. All arbitrations shall be conducted in Toronto, Ontario, Canada.
STATUTE OF LIMITATIONS.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Services, or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.
SEVERABILITY.
If any part of these Terms and Conditions is found to be invalid or unenforceable, that portion will be severed from these Terms and Conditions and shall be construed in a manner consistent with applicable law to reflect, and the remainder of these Terms and Conditions shall remain in full force and effect.
PRIVACY POLICY.
You acknowledge that you have read and agree to our Privacy Policy at https://hypothyroidmom.com/privacy-policy.
QUESTIONS.
If you have any questions regarding these Terms and Conditions, contact us at [email protected].
