Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB
Genderpredictor.com ("GenderPredictor") maintains this Web site (the "Web Site") as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.
These Terms and Conditions of Use ("Terms") govern your use of the Web Site. By accessing or using the Web Site, you agree to be bound by these Terms and by any amendments in effect at the time of your visit. GenderPredictor reserves the right, at any time, to modify, update, or amend these Terms, and you agree to be bound by such modifications, updates, or amendments. We encourage you to review these Terms upon each visit to the Web Site because any changes will be binding on you.
Internet Web-Browser Compatibility
Intellectual Property Rights
All content included on the Web Site, such as text, graphics, logos, button icons, images, audio clips and video, all Software, manuals, and catalogs are the property of GenderPredictor or its content suppliers and are protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content of the Web Site is strictly prohibited. This Agreement does not confer any license or right under any copyright or trademark of GenderPredictor or any third party.
GenderPredictor authorizes you to view, copy, download and print GenderPredictor documents (such as white papers, press releases, data sheets, and FAQs) that are available on this Web Site, subject to the following conditions:
The documents may be used solely for noncommercial, informational purposes.
The documents may not be modified.
Copyright, trademark, and other proprietary notices may not be removed.
All GenderPredictor product names, service names, slogans, and logos referenced in this Web Site are the trademarks of GenderPredictor.com. All other company, product, or service names and logos are the property of their respective owner.
Accuracy of Content and Future Modifications to Web Site
The information on this Web Site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors.
By requesting this service, you agree to assume all responsibilities or outcomes from your actions or omissions.
Product descriptions and specifications are subject to change. GenderPredictor periodically adds or updates the information and documents on this Web Site without notice.
GenderPredictor reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes. GenderPredictor may alter, suspend, or discontinue this Web Site at any time for any reason, without notice or cost. The Web Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
We Reserve the Right to Cancel Any Order for Any Reason
We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following:
1. Potentially fraudulent order. Before shipping orders, we run a check to make sure they are legitimate. If the check fails, we may cancel your order.
2. Incorrect pricing. Sometimes there are major fluctuations in price. Therefore, we reserve the right to remove any item from any order and provide a full refund to the customer for that item.
3. Non-Payment. If payment is not received within a reasonable amount of time (currently 30 days) after the order has been placed, we may cancel an order without notice.
Product and packaging
The actual product may or may not contain a logo and company name on the test cassette like shown on the promotional product pictures or videos on our site. The actual size, shape and content of the test may change at any time. The result window colors may vary. The customer should always refer to the color chart included in your manual that comes with the test.
Accuracy of Product
Please contact the manufacturers for any questions regarding accuracy of the products. All products offered on Genderpredictor website are provided for entertainment purposes only. They are not 100% accurate, therefore, in line with normal business practices, we do not provide any warranty or guarantee as to the results of any of the products listed on our website.
All tests and products are provided for entertainment purposes only. By using the tests and products on genderpredictor.com, you agree to assume all responsibilities or outcomes from your actions or omissions. Do not make any financial or emotional investment based on this test. If you want an absolute determination of your baby's sex, please consult a medical professional. Keep out of the reach of children. Do not ingest.
If our prediction of the gender of your baby was not accurate, you can submit a request for refund only after the birth of your baby. You must apply for refund no later than 60 days after your baby was born.
All wholesale orders are final. Individual orders of one product can be returned if it hasn't been opened and still sealed in the original packaging. However, if gender prediction test was opened, it cannot be returned due to the nature of the product.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE POLICY
It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on the Web Site, you may notify us by sending the following information to the address listed below:
• An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright;
• A statement that this person is authorized to act on behalf of the copyright owner;
• A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner's agent, or by law;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Web Site; and
• Your address, telephone number, and e-mail address.
We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act ("DMCA"), and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the supplier of such material in order to give that supplier an opportunity to respond to the notification. If the supplier of the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials.
Disclaimer of Warranties
THE WEB SITE, THE INFORMATION AND DOCUMENTS AVAILABLE ON THE WEB SITE, AND ANY OTHER CONTENT AVAILABLE THROUGH THE WEB SITE, INCLUDING PRODUCT SPECIFICATIONS, ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, GENDERPREDICTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS OBTAINED THROUGH THE WEB SITE. GENDERPREDICTOR MAKES NO WARRANTY THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MALICIOUS CODE, ERROR-FREE, OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GENDERPREDICTOR FURTHER DISCLAIMS ANY WARRANTY THAT THE INFORMATION AVAILABLE THROUGH THE WEB SITE IS ACCURATE OR TIMELY, OR THAT RESULTS OBTAINED THROUGH THE USE OF THE WEB SITE OR PRODUCTS DESCRIBED ON THE WEB SITE WILL MEET YOUR NEEDS. USE OF ANY INFORMATION OBTAINED THROUGH USE OF THE WEB SITE AND RELIANCE UPON SUCH INFORMATION OR RESULTS OR SERVICES WILL BE AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GENDERPREDICTOR BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF GENDERPREDICTORHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby agree to indemnify, defend and hold GenderPredictor and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or otherwise arising from your use of the Web Site, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. GenderPredictor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Links to Third-Party Web Sites
This Web Site may contain links to non- GenderPredictor Web sites. These links are provided to you as a convenience, and GenderPredictor is not responsible for the content of any linked Web site. Any outside Web site accessed from the GenderPredictor Web site is independent from GenderPredictor, and GenderPredictor has no control over the content of that Web site. In addition, a link to any non- GenderPredictor Web site does not imply that GenderPredictor endorses or accepts any responsibility for the content or use of such a Web site. Because GenderPredictor is not responsible for the availability of these outside resources or their contents, you should review the terms and conditions of these linked sites, as their policies may differ from ours. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Jurisdiction and Applicable Law
This Agreement will be governed by and construed under the laws of the Commonwealth of California, without regard to its conflicts of law principles and, to the extent applicable, the federal laws of the United States. Customer hereby submits to and agrees that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the California state courts and U.S. federal courts located in California.
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