Terms of Service

Last Updated: 12/27/2024

1. Introduction

Welcome to the website (“Site”) of Intimacy Medical, LLC (“Company,” “we,” “us,” or “our”). This Site is operated in New Mexico, United States, and these Terms and Conditions (“T&C”) govern your use of the Site and any products you purchase through it (collectively, the “Services”).

By accessing, browsing, or using this Site or purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these T&C. If you do not agree with these T&C, you should not use or access the Site or purchase our products.

2. Company Information and Contact

• Legal Name: Intimacy Medical, LLC
• Registered Address: 1209 MOUNTAIN ROAD PL NE STE R, ALBUQUERQUE, NM 87110
• Jurisdiction: The laws of New Mexico, United States
• Contact Information:
• Email: info@intimacymedical.com
• Phone: +1 (888) 720-7080

3. Eligibility

• Age Requirement: You must be at least 18 years of age to purchase any products from our Site. By using the Site or purchasing our products, you represent and warrant that you are 18 years of age or older.
• Local Laws and Restrictions: It is your responsibility to ensure that accessing the Site and purchasing our products is legal in your jurisdiction. We reserve the right to refuse or cancel orders at our discretion if we have reason to believe that doing so would violate applicable laws.

4. Medical Device Usage and Health Disclaimers

4.1 No Medical Claims

We make no medical claims as to the efficacy, outcome, or health benefits of any products sold on this Site. The information provided is for informational and educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

4.2 Consult a Healthcare Professional

• You should consult with a qualified healthcare professional before using any of our products, especially if you have underlying medical conditions, allergies, or other health concerns.
• Always seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

4.3 Product Warnings and Proper Use

• Follow Instructions: You must use our products strictly in accordance with the instructions or usage guidelines we provide, whether in print or online.
• Risk of Harm: Failure to follow product usage guidelines may result in injury or harm. We disclaim liability for injuries resulting from misuse or contrary-to-instructions usage of our products.
• No Alterations or Modifications: Any alterations, modifications, or tampering with the products will void any warranty and absolve us of any liability.
• Assumption of Risk: By purchasing and using our products, you acknowledge and assume all associated risks. We make no guarantees regarding safety, efficacy, or results.

4.4 No Doctor-Patient Relationship

Your use of our products or reliance on any content found on this Site does not create a doctor-patient relationship between you and Intimacy Medical, LLC or any of our representatives.

5. Data Collection and Privacy

5.1 Types of Data Collected

• Personal Information: Name, email, address, telephone number, payment details, etc.
• Health-Related Information: Only if voluntarily provided by you.
• Cookies and Tracking Data: Used for marketing, analytics, and improving user experience.

5.2 How We Use Your Data

• Marketing & Analytics: For direct marketing, email/SMS communications, targeted advertising, and analytics.
• Shipping & Customer Support: To fulfill orders and provide service.
• Selling/Sharing Data: We reserve the right to sell or share user data with third parties as allowed by law or upon receiving proper consent where required.

5.3 Data Storage and Retention

• Data may be stored on cloud services or local servers.
• We retain your data for as long as deemed necessary for business purposes or as required by law.

5.4 User Rights

• Opt-Out of Marketing: You may unsubscribe from promotional communications at any time by following the instructions in our emails or by contacting us.
• Access, Modify, or Delete Data: You may request access to, modification, or deletion of your data by contacting us directly.

5.5 Third-Party Services

We use third-party providers for payment processing, shipping, analytics, or other services. These third parties may change at any time, and by continuing to use our Site, you consent to any future changes.

5.6 Privacy Policy Updates

We may update our privacy practices from time to time. We will notify you of material changes by posting an updated notice on our Site or sending an email.

For more detailed information on data handling, please see our Privacy Policy [LINK] (if separate).

6. Marketing and Communications

6.1 Contact Permissions

By purchasing products from our Site, you consent to receiving emails, SMS messages, and other forms of communication from us for transactional and marketing purposes, unless you opt out.

6.2 SMS/MMS Communications

• By opting in to receive SMS/MMS communications, you acknowledge that message and data rates may apply.
• You can stop text messages at any time by replying “STOP” or following other opt-out instructions.

6.3 Targeted Advertising

We may use your information to display advertisements on our Site or on third-party platforms.

7. Ordering, Payment, and Shipping

7.1 Ordering and Payments

• We accept multiple payment methods (subject to change).
• By placing an order, you represent that the payment information you provide is valid and that you are authorized to use it.
• We do not currently offer subscription or negative-option billing, but reserve the right to introduce such options in the future.

7.2 International Orders

• We may ship internationally but reserve the right to refuse or cancel orders to destinations where legal or logistical constraints apply.
• You are responsible for customs duties, taxes, or additional fees associated with international shipments.
• You must comply with local laws and regulations regarding import and use of our products.

7.3 Shipping Time

• We ship promptly, but shipping times may vary.
• No expedited shipping services are guaranteed at this time.

8. Returns and Refunds

8.1 30-Day Money-Back Guarantee

• You may return used products within 30 days of purchase for a refund to the original payment method.
• You are responsible for return shipping costs.
• We reserve the right to refuse returns in unsanitary condition or if the device is damaged beyond normal wear.

8.2 90-Day Guarantee (Unused Products)

• Occasionally, we may offer extended promotions (90-day guarantee), but only for unused products.
• User bears the return shipping cost.
• Refund eligibility requires proof of purchase and an RMA (Return Merchandise Authorization) number, which must be obtained from our customer support.

8.3 Refund Process

• Upon receiving and inspecting the returned product, we will issue an approved refund to the original payment method.
• If we determine that the device has been altered, damaged, or is unsanitary, we reserve the right to refuse refund or issue a partial refund.

8.4 Shipping Damage

• If your product arrives damaged, please contact us immediately so we can file a claim or replace the damaged item.

9. Website Use and Intellectual Property

9.1 Content Ownership

• All text, images, videos, and other content on the Site are owned by or licensed to Intimacy Medical, LLC.
• You may not reproduce, distribute, modify, or create derivative works of our content without our express written permission, except where otherwise agreed (e.g., affiliate marketing campaigns).

9.2 Prohibited Use

• No Scraping: You may not use bots, spiders, or other automated tools to extract data from our Site.
• No Circumvention of Restrictions: You may not bypass or attempt to bypass any IP filters or geoblocks.
• User-Generated Content: If you submit testimonials, reviews, or other content, you grant us a non-exclusive, worldwide license to use, reproduce, and display that content for promotional or operational purposes.

9.3 DMCA/Copyright Policy

If you believe in good faith that any content on our Site infringes your copyright, please submit a notice in compliance with the Digital Millennium Copyright Act (DMCA) to our designated DMCA Agent:

makefile

Copy code

Intimacy Medical, LLC

Attn: DMCA Agent

Email: info@intimacymedical.com

[Physical Address]

Include the following:

• Your name and electronic/physical signature.
• Description of the copyrighted work claimed to be infringed.
• The URL or location on our Site of the infringing material.
• Your contact info (address, phone, email).
• A statement of good faith belief that the disputed use is not authorized by the copyright owner or law.
• A statement made under penalty of perjury that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the owner’s behalf.

10. Limitation of Liability

10.1 No Liability for Indirect Damages

To the fullest extent permitted by law, Intimacy Medical, LLC shall not be liable for any indirect, incidental, special, or consequential damages (including but not limited to lost profits, personal injury, property damage) arising out of or in connection with the use or inability to use our products or the Site.

10.2 No Warranty

Our products and Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent allowed by law, we disclaim all warranties—express, implied, or statutory—including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.3 Assumption of Risk

You assume full responsibility for any harm resulting from use of our products, including but not limited to physical injury, allergic reactions, or other health-related issues.

11. Health and Safety Waiver

By purchasing and using our products, you acknowledge the inherent risks and voluntarily waive and release Intimacy Medical, LLC and its officers, directors, employees, and agents from any liability related to product safety, efficacy, or outcomes. Any information provided by us is not medical advice and should not be construed as such. Always consult with a qualified medical professional.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These T&C shall be governed by and construed in accordance with the laws of New Mexico, United States, without regard to conflict-of-law principles.

12.2 Mediation/Arbitration

Any dispute arising out of or relating to these T&C, the Site, or our products shall be resolved first through mediation in New Mexico. If mediation fails, the dispute shall be resolved by binding arbitration in New Mexico under the rules of the American Arbitration Association (AAA) or similar body. Each party shall bear its own arbitration costs unless otherwise determined by the arbitrator.

12.3 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes on an individual basis. You hereby waive the right to commence or participate in any class action or similar collective proceeding.

12.4 Consent to Jurisdiction

For any disputes not subject to arbitration, or where a court action is permitted by law, you consent to the exclusive jurisdiction of the state and federal courts located in New Mexico.

13. Updates and Revisions

13.1 Frequency of Updates

We may revise or update these T&C from time to time at our sole discretion.

13.2 Notification of Changes

We will notify you of any material changes by posting a notice on our Site or sending you an email. By continuing to use our Site or products after such changes, you agree to the updated T&C.

14. Consent

By accessing our Site, creating an account, submitting information, or purchasing products, you acknowledge that you have read, understood, and agree to be bound by these T&C. If you do not agree, you must discontinue use of the Site and refrain from purchasing our products.

15. Contact Us

If you have any questions or concerns regarding these T&C, our products, or your use of the Site, please contact us at:

• Email: info@intimacymedical.com

• Phone: +1 (888) 720-7080
• Physical Address: 1209 MOUNTAIN ROAD PL NE STE R, ALBUQUERQUE, NM 87110