Terms

The last update to our Terms of Use was posted on August 12, 2020. This web page represents a legal document and is the Terms of Use (“Agreement”) for our website www.CycleHarmony.com (“Website”).

By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

Definitions

The terms “us” or “we” or “our” refers to 3G Development LLC, the owner of the Website (collectively, “Cycle Harmony”).

A “Visitor” is someone that merely browses our Website.

A “Member” is someone who has registered with our Website.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, design, and data offered through our Website, whether produced by our Members or by us, whether free to all or part of our paid services, are collectively known as our “Content.” We distinguish content posted by our Members as “Member Content.”

Our Service and Products

Our services (“Service”) comprise of your use of our Website, that provides our Users with a) Content to learn and get information about menstruation, Premenstrual Syndrome (PMS), and other related topics;  b) a supportive online community for our Users to share their knowledge and experiences; and c) an online store that sells relevant products (“Products”). Certain aspects of our Service may be restricted to fee-paying Members only. Our Terms of Use governs your use of our Service.

Acceptance of Agreement

This Agreement is between you and Cycle Harmony.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS ACCESSING OR USING OUR SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE DO NOT ACCESS OR USE OUR SERVICE, INCLUDING BROWING OUR WEBSITE.

This Agreement constitutes the entire and only Agreement between you and Cycle Harmony, and supersedes all other agreements, representations, warranties and understandings with respect to our Website, Service and Products, and the subject matter contained herein.

As stated, in order for you to use our Service, you will also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. We may amend this Agreement at any time without specific notice to you.

The latest Agreement will be posted on our Website, and you should review this Agreement prior to accessing or using our Service. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement.

Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access or use our Service including browsing our Website. If you have already accessed our Service and do not accept this Agreement, you should immediately discontinue to use our Service.

Limited License

Cycle Harmony grants you a non-exclusive, non-transferable, revocable license to access and use our Service strictly in accordance with this Agreement. Your use of our Service is solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Service may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Service and Products provided herein.

Our Relationship to You

Cycle Harmony’s relationship to you is at all times that of an independent contractor. This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Cycle Harmony.

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, logos, audios and videos. Your use of our Service does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Cycle Harmony.

Our Content, as found within our Service, is protected under United States and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your access or use of our Service does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance

We will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).

If you believe any of your copyrights are infringed by our Content, please provide our designated agent Jing Jin (email address: jing@cycleharmony.com) with a written notice via mail or email that contains the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

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 our Website;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Note: We are not responsible for Content posted to our website at the direction of a User. If we are notified that such Content infringes on your copyright, we adopt a “notice-and-takedown” policy and we will remove or disable access to the infringing Content expeditiously.

Eligibility and Registration for Membership

You may use certain aspects of our Service without becoming a Member of our Website. However, to fully use our Service, you must register with our Website and become a Member. Your membership is not transferable or assignable and is void where prohibited.

Our Service is intended solely for people at least age 18 years of age or older. Any registration by anyone under such age, is unauthorized, unlicensed and in violation of these Terms of Use.

By using our Service, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. 

Cycle Harmony has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When you complete the registration process, you will receive a password that will allow you to access our Service. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

You agree to immediately notify us of any authorized sue of your password or any other breach of security. You agree that Cycle Harmony cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Content Disclaimer

The opinions expressed through our Service are not necessarily the opinions of Cycle Harmony.  Our Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date.

Similar to any printed materials, our Content may become out-of-date. We undertake no obligation to update any Content available through our Service.

Members are responsible for their own content, where applicable, and may update their Member Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to our Content at any time without notice.

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Service will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Service will be correct, accurate, timely or otherwise reliable.

We may make changes to any portion or all of our Service at any time. We reserve the right in our sole discretion to add, edit, or remove any information or functionality appearing as part of our Service.

Advice and Health Disclaimer

You hereby acknowledge that nothing contained in the Content as found on our Service shall constitute professional advice and that no professional relationship of any kind is created between you and Cycle Harmony or our Members.

You should always seek the professional opinion of a doctor or other qualified health professional before making any medical decisions. You hereby agree to our Medical Health Disclaimer and that any actions you take, based in whole or in part on any Content as found on our Service, are solely your responsibility and that Cycle Harmony and our Members have no liability for your actions or reliance upon such Content.

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion through our Service is accurate and complies with applicable laws.

We are not responsible for the illegality or any error, inaccuracy or problem in advertiser or sponsor materials. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY CYCLE HARMONY AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

Warranty Disclaimer

Cycle Harmony is not responsible or liable in any manner for any Content as found on our Service, whether posted or caused by our Members or by us.

Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share through our Service, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter through our Service.

Our Service may be temporarily unavailable, fully or partially, from time to time for maintenance or other reasons. Cycle Harmony assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. 

Cycle Harmony is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Service, including without limitation any software provide through our Service.

Under no circumstances will Cycle Harmony be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Service or Products, or for any interactions between Users, whether online or offline.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Cycle Harmony, by third parties or by any of the equipment or programming associated with or utilized by our Service.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. 

CYCLE HARMONY, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SERVICE. CYCLE HARMONY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICE.  CYCLE HARMONY DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICE, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.  WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND CYCLE HARMONY. OUR SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

Cycle Harmony, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Content; (b) any issues associated with Products we sell; (c) the unavailability or interruption of our Service; (d) your use of our Service; or (e) any delay or failure in performance of our Service beyond our control.

IN NO EVENT WILL CYCLE HARMONY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICE OR PRODUCTS, EVEN IF CYCLE HARMONY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CYCLE HARMONY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ONE MONTH OF SERVICE AND/OR THE PURCHASE PRICE OF THE PRODUCT OR APPLICATION, DEPENDING ON WHAT GAVE RISE TO THE LIABILITY.

Member Conduct

Members may post their own content to our Website through our Service. Members and Visitors understand that by using our Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. Cycle Harmony is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Cycle Harmony will submit all necessary information to the proper authorities.

If any Member Content is reported to Cycle Harmony as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Cycle Harmony. Should the Member fail to meet such a request, Cycle Harmony has full authority to either restrict the Member’s ability to post Member Content or to immediately terminate the membership of the Member, without further notification to the Member. Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.

Members are responsible for complying with all applicable laws for their content, including copyright and trademark laws. Members shall always respect copyright and trademark laws. You warrant that you will not use our Service to infringe the intellectual property rights of others in any way.

In accordance with the DMCA and other applicable law, we have adopted a policy of “notice-and-takedown” in which we will remove or disable access to the infringing Content expeditiously and we will terminate Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Service to do any of the following:

1) upload, post or otherwise transmit any Member Content that:

• violates any local, state, federal, or international laws.
• infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
• links directly or indirectly to any materials to which you do not have a right to link.
• contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website, Application, or Service.
• contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure agreements).
• in the sole judgment of Cycle Harmony, is objectionable or which restricts or inhibits any other person from using or enjoying our Service, or which may expose , our affiliates, or our Users to any harm or liability of any type.

2) use our Content to:

• develop a competing website.
• create compilations or derivative works as defined under United States copyright laws.
• re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
• decompile, disassemble or reverse engineer our Service and it’s components along with any related software.
• use our Service in any manner that violates this Agreement or any local, state, federal, or international laws.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Service in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

Our Privacy Policy is considered part of this Agreement.  You must review this Privacy Policy on our Website.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites

Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the service, information, content and/or data of such third party websites. Cycle Harmony has not control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Payment of Fees for Service and Products

You represent and warrant that when you pay us for using our Service or for purchasing any Products we may sell that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment. You understand that if you fail to make timely payment for using our Service, we reserve the right to suspend your Member account until payment is made. If payment is not made within forty-five (45) days of due date, we may even terminate your Member account.

Refund Policy

We typically do not offer refunds for our Service or Products. However, under certain circumstances and subject to our sole discretion, we may refund you your last month’s fees for our Service or the purchase price of our Application or Products, less any shipping and handling, within thirty (30) days of you notifying us in writing of your desire for the refund, together with the reason for the request.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or access or use of our Service or Products.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the International Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the State of California, United States necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

General Terms

This Agreement shall be treated as though it were executed and performed in Tega Cay, South Carolina, and shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Service, or Products must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Medical Health Disclaimer

This Medical Health Disclaimer governs any medical/health information as displayed or uploaded to our Website and/or Application.

You understand that any information as found within our Website and/or Application is for general educational and informational purposes only. You understand that such information is not intended nor otherwise implied to be medical advice. You understand that such information is by no means complete or exhaustive, and that as a result, such information does not encompass all conditions, disorders, health-related issues, or respective treatments. You understand that you should always consult your physician or other healthcare provider to determine the appropriateness of this information for your own situation or should you have any questions regarding a medical condition or treatment plan.

You understand that any information you upload to our Website and/or Application about any medical conditions you may have is NOT covered under health-related privacy laws, such as the Health Insurance Portability and Accountability Act (HIPAA).  While we will take reasonable care to protect information that is subject to our Privacy Policy, we do not undertake any duties under HIPAA and other such laws, nor are we required to do so.

You understand that products as found on our Website and any related claims for such products may not have been evaluated by the United States Food and Drug Administration (USFDA) and may not have been approved to diagnose, treat, cure or prevent disease. As such, you acknowledge that you are not relying in any fashion that the USFDA has approved of such products and claims. You agree not to use any information on our Website , including, but not limited to product descriptions, customer testimonials, etc. for the diagnosis and treatment of any health issue or for the prescription of any medication or treatment.

You acknowledge that all customer testimonials as found on our Website are strictly the opinion of that person and that any results such person may have achieved are solely individual in nature; your results may vary. You understand that such information is based upon personal experience and is not a substitute for obtaining professional medical advice. You should always consult your physician or other healthcare provider before changing the diet, starting an exercise or medical treatment program.

In light of the forgoing, you understand and agree that we are not liable nor do we assume any liability for any information contained within our Website as well as your reliance on it. In no event shall we be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of the information contained within our Website.