Terms of Use

Welcome, and thank you for visiting www.NovalynnFertility.com (this “Site”). Please read these Terms of Use (“Terms”) carefully. By using and or visiting this Site, you signify your assent to these Terms. If you do not agree to these Terms, you should immediately cease all use of and access to the Site.

General

The Site is owned and operated by Novalynn, Inc., a California professional corporation, on behalf of Novalynn, Inc., A Professional Corporation collectively, the “Company”). The Company reserves the right to revise or remove any part of the Terms at its sole discretion at any time and without prior notice to you by updating this posting. You should visit this page periodically for changes. As this Site is continually under development, changes to this Site may be made at any time. Any changes to the Terms are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use of this Site after a change has been posted constitutes your acceptance of the changes.

The Site describes various services provided by the Company (e.g., Novalynn and CH4XP) (collectively, the “Services”). These Terms do not govern the Services. The Services are governed by the Services Agreement and must be agreed to upon signing up as a user to request, procure, receive, or otherwise utilize the Services.

Novalynn Fertility Service

A purpose of the Services provided through the Site is to give customers access to information which they may or may not choose to utilize in planning medical care. With the exception of certain diagnostic test panels, the tests we offer are not intended to diagnose or treat disease.  It is imperative that, should your test results indicate the presence of any positive markers or abnormal levels, a consultation with a board-certified physician licensed in your state of residence should be sought out.

Only the customer, with input from his/her healthcare provider, primary care physician, and/or a treating physician, can decide if additional Services would be beneficial to their medical treatment.

You also agree that Novalynn, Inc. will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker's compensation and/or malpractice claims without the prior written consent of the Company.

Intellectual Property

The content on this Site, including without limitation, any text, software, graphics, photos, sounds, music, videos, audiovisual combinations, patents, interactive features, any trademarks, service marks and logos contained therein and any other materials you may view on, access through, or contribute to this Site (collectively, “Materials”) are owned by or licensed to the Company, subject to copyright, trademark and other intellectual property rights under United States laws, foreign laws, and international conventions.

No Materials from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner. You agree not to circumvent, disable, or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any Materials or content.

Novalynn Fertility, Novalynn, Inc. are trademarks or registered trademarks of Novalynn, Inc. in the United States and other countries.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by Novalynn, Inc. These Terms do not apply to such third-party sites. Novalynn, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law

These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of California and the United States. You also consent to the arbitration of any disputes arising in connection with our Site with the jurisdiction to be in Los Angeles County. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

Disclaimer

The information and Services are provided on an “as is” and “as available” basis. Neither the Company nor any of its affiliates make any express or implied warranties, representations or endorsements whatsoever with regard to any information or service provided through this site or through the internet generally; and under no circumstances will the Company or any of its affiliates be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of or inability to use the Site or any Services or any parts thereof, or your reliance on or use of the Site, the information, or Services provided, or that result from mistakes, omissions, interruptions, deletion, or any failure of performance. Neither the Company nor its affiliates warrant that the use of the Site or the Services will be uninterrupted or error-free or that any information, software, or other material accessible on this site is free of viruses or other harmful components.

Each lab Novalynn works with is CLIA-certified (Clinical Laboratory Improvement Amendments). This means they have to meet or exceed the highest validity standards to obtain both state and federal certifications and submit themselves to regular inspections.

Novalynn Fertility tests are currently available to residents in 49 U.S. states. We currently do not offer tests to residents of the state of New York. This is due to the state’s regulations around testing. Customer represents and warrants all tests will be ordered by an authorized person with authority to order such testing in accordance with all applicable Federal, State and Local laws. 

With the exception of certain diagnostic test panels, the tests we offer are not intended to diagnose or treat disease. Novalynn, Inc. does not provide professional medical advice though we can connect customers with an independent healthcare provider who can speak to you about your results. It is imperative that, should your test results indicate the presence of any positive markers or abnormal levels, a consultation with a board-certified physician licensed in your state of residence should be sought out. 

Novalynn Fertility is HIPAA compliant and takes your privacy very seriously. We use state-of-the-art, bank-grade encryption to ensure your data is stored securely, and under no circumstance do we ever sell your data. Regular security audits are conducted to ensure that the server and all ePHI stored on it remain secure. We are committed to ensuring the confidentiality, integrity, and availability of all ePHI stored on our servers and will continue to implement appropriate safeguards to protect this sensitive information. If you have any questions or concerns about the security of your ePHI on this server, please contact us at info@NovalynnFertility.com.

Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall the Company be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, this site or the materials on it, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

Indemnity

You agree to indemnify, defend and hold the Company and its directors, officers, employees, agents, and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms, or (ii) your activities in connection with this Site.

Contact Us

If you have any questions about this Agreement, please mail toinfo@NovalynnFertility.com.