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Terms & Conditions
At spermchecktest.com, quality customer service is our top priority. We have done our best to ensure that your Alere Home Monitoring e-commerce experience meets or exceeds your expectations. Please take a moment to read through the following Terms and Conditions (the "Terms"). If you agree with the Terms, please click the "Agree" button at the bottom of the page and your order will be processed. If not, click "Disagree" and you will be returned to the Home Page.
This website is operated by Alere Home Monitoring's e-commerce division, First Check Ecom, Inc.
Our Privacy Statement
Alere Home Monitoring maintains a firm commitment to privacy. The Privacy Statement which follows these Terms outlines the type of information that is collected on this website, and how we use and protect it. The Privacy Statement also tells you what to do if you do not want your Personal Information (defined in the Privacy Statement) used by Alere Home Monitoring to send you offers, information and marketing materials and how you can change information you have already provided to us. By agreeing to these Terms, you are also agreeing to the terms of the Privacy Statement. If you do not agree with any term in the Privacy Statement, you may not provide any personal information or order any products on this site.
Shipments
Your SpermCheck® Vasectomy kit will arrive via FedEx in a plainly-labeled box with Alere Home Monitoring as the return address. The contents of the box are not listed on the outer packaging.
Order Processing & Shipping
We will charge your credit card at the time your order is taken. All orders are processed within 24 hours of receipt during normal business hours. Shipping time is dependent upon the shipping method you choose. All overnight orders must be placed prior to 1:00 pm Eastern Time. Please keep in mind that orders placed over a weekend or on a holiday or after 1:00 pm Eastern Time on Friday will not be processed until the next business day.
We may request additional information concerning your order at our discretion. This may include signing a disclaimer to charge your credit card for larger orders as well as additional shipping information. We may require that the shipping address be the same as your billing address. If any of these situations arises, we may contact you concerning your order either by phone or email. In order to request deliver with signature required, please include this in your order notes. If signature required is not specifically requested, you accept responsibility of the package once the tracking information shows delivered or left at the destination by the third party shipping provider, such as FedEx.
All time frames are estimated. They will depend on item availability, order time placed and shipping service providers. They do not represent any guarantee.
Confirming Availability
In the event that an item is unavailable, we will contact you by e-mail or telephone, and you will instruct us how to proceed with your order. You may choose to cancel that item or have us ship it to you when it becomes available (usually within 5 business days) at no additional shipping and handling charges. If you cancel that item from your order, you can always re-order it later. If your order has more than one item, all available items will ship within 1 business day and the unavailable item(s) that you haven't canceled will ship as soon as possible.
Returns Policy
All sales are final. We will ONLY issue a refund or exchange products in the event we have shipped incorrect or defective items or your merchandise is received in a damaged condition. All refunds or exchanges in such circumstances will be issued subject to the following terms:
Any returned item must be in its original packaging. All returns must be accompanied by the original packing list with the return information completed.
Refunds will only be given for products purchased from spermchecktest.com and credit will be issued once the product and documentation have been received. Credit will be issued for the purchase price of the product only and should appear on the statement of the original credit card used to purchase the item(s). The credit should appear on your statement in 1-2 credit card statement cycles. You will not receive a refund for items that have been opened, used, or damaged after you receive them. Shipping and handling charges are non-refundable.
Limitation of Liability
To the full extent permitted by law, Alere Home Monitoring shall not be liable for any damages, whether direct, consequential or otherwise, caused by failures or delays in filling orders made on this website. Your entire remedy for such failures and/or delays shall be a refund of monies paid in connection with such orders. Some states may not permit limitations on damages and, to the extent that that's the law, this limitation may not apply to you.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENETERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another.
If at any time you are dissatisfied with this site, its content or any of these terms, conditions and policies, it is your responsibility to discontinue using the site.
No Resale
Resale of products or services purchased in connection with this site is specifically prohibited. We reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell said products.
Site Content
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
How to Contact Us
If you have any questions, please contact us at Alere Home Monitoring, Inc., 51 Sawyer Road, Suite 200, Waltham, MA 02453 Attn: Consumer Services or e-mail us at info@spermchecktest.com or call our toll-free Helpline at 1-866-683-7340, Monday through Friday, 8:30 am to 5:00 pm Eastern Time.
Governing Law; Limitations
These Terms shall be construed, interpreted and performed exclusively according to the laws of the Commonwealth of Massachusetts, United States of America, excluding conflict of law rules. You must commence legal action with respect to any matter arising in connection with these Terms within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the Commonwealth of Massachusetts, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply. You agree and hereby submit to the non-exclusive jurisdiction and venue of the courts located in the Commonwealth of Massachusetts, United States of America with respect to such matters.
Entire Agreement
These Terms represent the entire agreement between you and Alere Home Monitoring in relation to your use of this website and your purchase of SpermCheck® Vasectomy products and supersede all prior promises, agreements or representations in relation to its subject matter. These Terms will not be varied by any pre-printed terms on any purchase order issued by you, or by any other writing in any document issued by you in connection with the use of this website or your purchase of goods from it; any such terms or writing will not form part of the agreement between you and Alere Home Monitoring. Also, these Terms will take priority over any other terms issued by Alere Home Monitoring, unless otherwise specifically agreed by Alere Home Monitoring in writing. You agree that the electronic text of these Terms constitutes a written document and your assent to these Terms constitutes a 'signing' for all purposes.
These Terms may not be waived by Alere Home Monitoring except in writing signed by an authorized officer, but may be varied by Alere Home Monitoring by posting amended Terms on this website. Such amended Terms will take effect 30 days after Alere Home Monitoring first posts them. Any provision of these Terms that is found by a court to be invalid or unenforceable shall be severed to the extent of the invalidity or unenforceability and the remainder of these Terms shall remain valid.
PRIVACY STATEMENT
This Statement applies only to this website. For example, it does not apply to banners, sweepstakes, and other advertisements or promotions we may sponsor or participate in on websites owned by third parties.
Collection of Personal Information
As used in this Privacy Statement, "Personal Information" means information which may identify you personally and includes such information as your name, street address, telephone number, credit card information, screen name, and email address. When you order products, you will be required to provide such Personal Information. Please be assured that no Personal Information will be collected from your visits to our site unless you provide this information voluntarily. When you provide us with Personal Information, you are authorizing us to use that information in accordance with the terms of this Privacy Statement, which includes your right to limit our use of the Personal Information as described in this Statement, and to request access to the Personal Information we have collected on this site. (See "Who to Contact" below).
How We Use Your Information
When you supply Personal Information at this website, we will use it for the express purpose for which it was collected (e.g., to fill your product order). It may also be used by us to send you information and/or offers about our goods and/or services which we believe may be of interest to you, or to invite you to participate in market research. At any time, however, you may opt out of such future contact. (See "Who to Contact" below.)
At times, we may retain third parties to process or analyze data we collect on our websites, including Personal Information. In addition, if you order a product or service from us, we may share Personal Information with suppliers and other third parties to allow delivery of such product or service. These suppliers and other third parties are not authorized by us to use your Personal Information in any other way.
Finally, please note that we will release your Personal Information if required to do so by law, or by search warrant, subpoena, or court order.
Other Information We May Collect
You may have heard of "cookies," which are files or pieces of information that are stored by your browser on your computer's hard drive. We may use cookies to collect other information during your visit to our website, such as the particular site areas you visit and the services you utilize through our website. We collect this information to better tailor our site and our products to your interests and needs. Cookies may also be used to help speed up your future activities at our site. For example, a site can recognize that you have provided Personal Information and refrain from requesting the same information a second time. Most browsers are initially set to accept a cookie. If you prefer, you can set your browser to refuse cookies or to alert you when cookies are being sent. Refusal of cookies at the site may result in an inability to visit certain areas of the site or to receive personalized information when you visit the site.
In addition, we are constantly trying to improve how we promote our website. To help us do this, we may measure the effectiveness of our web presence by determining when you accessed the website, and what you clicked on within our site. Site measurement statistics may be used to personalize your website experience, as well as to evaluate-anonymously and in the aggregate-statistics about usage of the website. Information about your computer, such as your IP address (a number assigned to your computer whenever you surf the Internet), the type of Internet browser you are using and the type of operating system you are using may also be collected and linked to your personal information. This is to ensure that our website presents the best web experience for visitors, and that it is an effective information and e-commerce resource.
Security of Information
We take reasonable precautions to keep your personal information secure. All personally identifiable information is subject to restricted access to prevent unauthorized access, modification, or misuse. You understand and agree that, notwithstanding reasonable precautions, all websites are subject to illegal hacking and other security breaches. Provided that we take such reasonable precautions, Alere Home Monitoring shall not be liable to you for such security breaches.
Changes in Our Statement
We reserve the right to change or remove this Privacy Statement at our discretion. We will post any new Statement here and we encourage you to visit this area frequently to stay informed. Changes to this Privacy Statement will not apply to Personal Information submitted prior to the date that such change was first posted.
Who to Contact
Again, Alere Home Monitoring is committed to protecting your privacy in connection with our websites under these guidelines. Please do not hesitate to contact us if you have any questions, comments or concerns about this Privacy Statement.
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