Terms & Conditions
Website Terms and Conditions
I. Terms & Conditions
You should read the following Terms and Conditions before using the Pelvital USA, Inc. (“Pelvital”) website at www.flytetherapy.com, www.flyteforme.com or www.pelvital.com (the “Site”). Your use of the Site is governed by the following Terms & Conditions (together with any documents referred to in them, collectively, these “Terms”). If you do not agree with these Terms, do not access the Site. Pelvital may change the Terms at any time without notice to you, and will post any updates to the Terms on the Site. Please review the Terms each time you visit the Site. By using the Site or any of our services, features, tools, or resources, you agree that you are over 18 years old and you agree to comply with and be bound by these Terms and Conditions.
II. License Grant
Pelvital grants you a limited, nonexclusive, nontransferable license to access and use the Site and its contents for informational and personal purposes. You are not permitted to use the Site for any purposes or in any manner other then as intended. You agree to use the Site and its contents only for proper, lawful purposes and not for any illegal, unethical, fraudulent, deceptive or other unauthorized purposes. You agree not to use any device, software, or routine to interfere with the proper working of the Site. You agree not to attempt to collect information about others, including email or personal data.
III. Website Disclaimer
THE SITE DOES NOT PROVIDE MEDICAL ADVICE. The information contained in the Site (“Information”) has been prepared for general information purposes only and it is not intended that the Information be relied on by recipients. The Information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately. Pelvital does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Site. Reliance on any information provided by Pelvital is solely at your own risk.
Pelvital does not give any warranty as to the accuracy, reliability, or completeness of the Information and accepts no responsibility for updating or correcting any part of the Information. Pelvital and its directors, officers, employees and consultants do not accept any liability (whether arising in contract, or tort, or negligence or otherwise) for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information on the Site or accessed through the Site.
PELVITAL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
PELVITAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, RELIABLE, SUITABLE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
THE SITE IS PROVIDED “AS IS” AND PELVITAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NON-INTERFERENCE.
IV. Security & Information
While Pelvital strives to protect your information and to prevent unauthorized access to any Information on the Site, no data transmission over the Internet can be guaranteed as totally secure. Pelvital cannot ensure the security of any information transmitted to or from the Site or the security of Information contained on the Site. Pelvital and its directors, officers, employees and consultants do not accept any liability for any loss, damage, cost or expense incurred by any person whatsoever arising out of or referable to any unauthorized access to any Information on the Site or information transmitted to or from the Site.
VI. Copyright and Trademarks
Copyright in all information and other materials on the Site (including information and its arrangement) is owned by Pelvital. Except as permitted under applicable laws, no part of the Site may be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purpose without the express written consent of Pelvital. In particular, you may not use a part of the Site on any other website, or link any other website to the Site, without the express written consent of Pelvital. Nothing contained on the Site should be construed as granting any license or right of use of any trademark displayed on the Site without the express written consent of Pelvital.
VII. Your Feedback, Comments and Ideas
While Pelvital is pleased to receive feedback, comments and ideas from visitors to the Site, Pelvital hereby informs you that any information that you submit through the Site will be considered non-personal, non-confidential and non-proprietary. If you transmit any ideas, information, concepts, know-how or techniques or materials to Pelvital through the Site, you hereby grant Pelvital an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Pelvital is free to use them for any purpose. You agree that Pelvital shall not be under any obligation whatsoever to return any unsolicited submissions from you. You agree that Pelvital shall be entitled to the unrestricted use of the unsolicited submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other provider of the unsolicited submissions.
VIII. Third Party Links
The Site may contain links to other websites. Pelvital does not accept any liability for the availability of, or any content or material contained in or obtained through such websites or for the privacy practices of such websites. When you link to another website, you are subject to the terms and conditions and any policies (including privacy policies) of that website.
IX. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PELVITAL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, OR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED THEREIN, EVEN IF PELVITAL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Pelvital, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site, your violation of these Terms, your violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. Pelvital reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Pelvital reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular internet address to the Site and its features.
Pelvital’s failure to exercise or enforce any right or provisions of these Terms and Conditions shall not constitute a waiver of such right or provisions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The provisions of these Terms and Conditions shall be binding on and inure to the benefit of both your successors and assignees and Pelvital’s successors and assignees.
If you violate these Terms and Conditions in a way that causes harm to others, you agree to hold Pelvital harmless against any liability for that harm.
By using this Site, you agree that the only proper jurisdiction and venue for any dispute with Pelvital, or in any way relating to your use of the Site, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Pelvital or its affiliates, employees, officers, directors, agents or suppliers.
These Terms and Conditions are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles, and the federal laws of the United States.
These Terms and Conditions constitute the entire agreement between you and Pelvital related to your use of the Site and its content.
GP:4835-9574-7918 v4 Updated August 17, 2022
Product Terms and Conditions
The following terms and conditions (“Terms and Conditions”) are entered into between Pelvital USA, Inc. (“Pelvital”) and the purchaser (“Customer”) of Flyte®, a device designed to strengthen the pelvic floor muscles, which has been found to help women with stress urinary incontinence (the “Product”). Pelvital’s sale of any Product to Customer is expressly made conditional upon Customer’s agreement and acceptance of these Terms and Conditions. Customer’s agreement and acceptance shall be deemed given unless Customer notifies Pelvital in writing of its objection to any term or condition stated herein within 10 business days following Customer’s receipt of (i) Pelvital’s written sales acknowledgement or order confirmation, or (ii) the Products, whichever is earlier.
1. SHIPPING; INSPECTION. Unless expressly agreed to by the Parties in writing, Pelvital shall deliver the Product to Customer using Pelvital’s standard methods for packaging and delivery. Any statement of delivery or shipping time is only an estimate of the time required to make shipment and Pelvital will not assume liability, consequential or otherwise due to any delay or failure to deliver all or any part of any order for any reason including active or passive negligence. The Products shall be deemed delivered and the risk of loss or damage shall transfer to the Customer as soon as the Product leaves Pelvital’s facilities. Pelvital requests and expects the Customer, within 10 business days of receipt, to inspect received Product, to verify the count and quality of shipments and to advise Pelvital in writing of any order discrepancies or quality problems with the received Product.
2. RETURNS. Pelvital will accept return of a Product: (i) that was shipped in error; (ii) that was delivered after the Product's expiration date; (iii) that was improperly labeled or packaged by Pelvital; or (iv) that is one which Pelvital specifically authorizes for return. In the case of items (i-iii), Pelvital agrees to accept the return of any such Product for full credit, provided that the Product is returned to Pelvital within 30 days from the date the Product was received, and the Product is returned to Pelvital in its original packaging, unopened, and undamaged. Products will not be accepted for replacement or credit if they have been in possession of the Customer for more than 30 days. In the case of item (iv) Pelvital will follow our Return Policy as detailed at https://flytetherapy.com/return-policy/. If the Customer desires to return a Product, the Customer shall contact the Flyte Customer Care for instructions on how to return the Product and for information on credit or replacement of any purchased and non-expired Product.
3. OWN USE. Customer is purchasing the Products for their own use only, and shall not resell the Products to any other party.
4. INTELLECTUAL PROPERTY. Customer acknowledges and agrees that Pelvital reserves and retains all right, title and interest in any and all of Pelvital’s intellectual property and Customer shall not acquire any ownership interest in any of Pelvital’s rights to the intellectual property from Customer’s purchaser of the Product.
5. LIMITED PRODUCT WARRANTY; DISCLAIMER. Pelvital warrants that the Product is free from defects in material and workmanship under normal use for a period of 12 months from delivery to Customer. Customer shall promptly notify Pelvital of any known warranty claims and shall cooperate in the investigation of such claims. If any Product is proven to not conform with this warranty during the applicable warranty period, Pelvital shall, at its exclusive option, either repair or replace the Product or refund the purchase price paid by Customer for each non-conforming Product. Notwithstanding the foregoing, Pelvital shall have no obligation under the warranty set forth above if Customer: (a) fails to notify Pelvital in writing during the warranty period of a non-conformity; or (b) uses, misuses or neglects the Product in a manner inconsistent with the Product’s specifications or use or maintenance directions, modifies the Product or improperly installs, handles or maintains the Product. Except as explicitly authorized in these Terms and Conditions or in a separate written agreement with Pelvital, Customer shall not service, repair, modify, alter, replace, reengineer, reverse engineer or otherwise change any Product.
EXCEPT FOR THE WARRANTIES SET OUT UNDER THIS SECTION 5, NEITHER PELVITAL NOR ANY PERSON ON PELVITAL’S BEHALF HAS MADE OR MAKES FOR CUSTOMER’S BENEFIT ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING ANY WARRANTIES OF: (I) MERCHANTABILITY; (II) FITNESS FOR A PARTICULAR PURPOSE; (III) TITLE; OR (IV) NON-INFRINGEMENT; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY PELVITAL, OR ANY OTHER PERSON ON PELVITAL’S BEHALF. PELVITAL’S TOTAL LIABILITY SHALL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE PRODUCT.
6. Limitation of Liability. Pelvital will only be liable to Customer for direct damages suffered by the Customer in connection with the use of the Products up to a maximum amount equal to the total amount of the purchase price of such Product paid by the Customer. In no event shall Pelvital be liable to the Customer for special, incidental, consequential, or indirect damages in connection with these Terms and Conditions or the performance thereunder.
7. GOVERNING LAW. These Terms and Conditions and all purchases made thereto will be governed by and construed in accordance with the laws of the State of Minnesota.
8. ENTIRE AGREEMENT. The Terms and Conditions constitute the sole and entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Pelvital USA, Inc Terms and Conditions DTC v5 Updated August 17, 2022