Website Terms and Conditions 

Website Terms and Conditions 

Terms & Conditions 

You should read the following Terms and Conditions before using the Pelvital USA, Inc. (“Pelvital”) website at www.flytetherapy.com, www.flyteforme.com, www.flytesystem.com, or www.pelvital.com (the “Site”). Your use of the Site is governed by the following Terms & Conditions (together with any documents referred to in them, collectively, these “Terms”). If you do not agree with these Terms, do not access the Site. Pelvital may change the Terms at any time without notice to you, and will post any updates to the Terms on the Site. Please review the Terms each time you visit the Site. By using the Site or any of our services, features, tools, or resources, you agree that you are over 18 years old and you agree to comply with and be bound by these Terms. 

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, OR REPRESENTATIVE ACTION. PLEASE READ THE SECTION TITLED “DISPUTE RESOLUTION” BELOW TO LEARN MORE.

License Grant 

Pelvital grants you a limited, nonexclusive, nontransferable license to access and use the Site and its contents for informational and personal purposes. You are not permitted to use the Site for any purposes or in any manner other then as intended. You agree to use the Site and its contents only for proper, lawful purposes and not for any illegal, unethical, fraudulent, deceptive or other unauthorized purposes.

You agree not to:

  • use any device, software, or routine to interfere with the proper working of the Site.
  • use the Site to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
  • send any advertising or promotional material, or similar solicitation; exploit, harm, or attempt to exploit or harm minors in any way; impersonate or attempt to impersonate Pelvital, its employees or others; engage in any conduct, as Pelvital determines, that restricts or inhibits the use or enjoyment of the Site or harms others or exposes them to liability;
  • violate any applicable federal, state, local, or international law or regulation (including laws regarding the export of data or software);
  • disable, overburden, damage, or impair the site or interfere with another party's use of the Site;
  • use any robot, spider, or other automatic device, process, or means to access the Site for any purpose; use any manual process to monitor or copy any of the material on the Site, or for any purpose not expressly authorized in these Terms, without our prior written consent;
  • use any device, software, or routine that interferes with the proper working of the Site;
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
  • or otherwise attempt to interfere with the proper working of the Site.

Website Disclaimer 

THE SITE DOES NOT PROVIDE MEDICAL ADVICE. The information and content contained in the Site (“Information”) has been prepared for general information purposes only and it is not intended that the Information be relied on by recipients. The Information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. 

If you think you may have a medical emergency, call your doctor or 911 immediately. Pelvital does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Site. Reliance on any information provided by Pelvital is solely at your own risk. 

Pelvital does not give any warranty as to the accuracy, reliability, or completeness of the Information and accepts no responsibility for updating or correcting any part of the Information. Pelvital and its directors, officers, employees and consultants do not accept any liability (whether arising in contract, or tort, or negligence or otherwise) for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information on the Site or accessed through the Site. 

PELVITAL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. 

PELVITAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, RELIABLE, SUITABLE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. 

THE SITE IS PROVIDED “AS IS” AND PELVITAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NON-INTERFERENCE. 

Privacy Policy 

All information submitted to the Site, including but not limited to personal information, is treated in accordance with the Pelvital Privacy Policy  and for any health data, please visit our Consumer Health Data Privacy Policy. 

Copyright and Trademarks 

Copyright in all information and other materials on the Site (including information and its arrangement) is owned by Pelvital. Except as permitted under applicable laws, no part of the Site may be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purpose without the express written consent of Pelvital. In particular, you may not use a part of the Site on any other website, or link any other website to the Site, without the express written consent of Pelvital. Nothing contained on the Site should be construed as granting any license or right of use of any trademark displayed on the Site without the express written consent of Pelvital. 

Copyright Protection

Pursuant to 17 U.S.C. § 512, the Digital Millennium Copyright Act (the “DMCA”), we have implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.

If you believe any content on the Site infringes your copyrights, You may request that we remove the content from the Site (or disable access to that content) by contacting our designated agent identified below and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work;
  • Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material;
  • Your name, address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf;
  • A signature or the electronic equivalent from the copyright holder or authorized representative.


Send this information to us by mail:

Copyright Agent
Pelvital USA, Inc.
860 Blue Gentian Rd. Suite 200
Eagan, MN 55121

copyright@pelvital.com


Once notification in accordance with the above is received by us, it is our policy to: (a) remove or disable access to the content; (b) notify the provider of the content or user of Pelvital that it has removed or disabled access to such content; and (c) terminate repeat infringers’ access to the Site.


If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to Pelvital within thirty (30) days of the date the content was removed from the Site. A counter-notification must be a written communication that includes substantially the following:

  • Identification of the material that has been removed or disabled and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material;
  • Your name, address, telephone number, and e-mail address;
  • A statement “under penalty of perjury” that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • A signature or the electronic equivalent of the person submitting the counter-notification.

Upon receipt of a counter-notification in accordance with the above, we shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform us that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Site. If we receive such notification within ten (10) business days, we shall not replace the removed content or cease disabling access to it. If we do not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Site, then we shall replace the removed content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.

In accordance with the DMCA and other applicable law, we may, in appropriate circumstances, at our sole discretion, terminate access to the Site of any user that we find to be a repeat infringer. We reserve the right to define the criteria by which we will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, we will adopt that definition as a minimum standard. Without limiting our right to define “repeat infringer,” as a general rule, we will define a “repeat infringer” as any person or entity about whom we have received three (3) or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. We will take into account all relevant facts and circumstances when determining whether or not termination of access or use privileges of a “repeat infringer” is appropriate.

If you believe that a user is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.

Your Feedback, Comments and Ideas 

While Pelvital is pleased to receive feedback, comments and ideas from visitors to the Site, Pelvital hereby informs you that any information that you submit through the Site will be considered non-personal, non-confidential and non-proprietary. If you transmit any ideas, information, concepts, know-how or techniques or materials to Pelvital through the Site, you hereby grant Pelvital an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Pelvital is free to use them for any purpose. You agree that Pelvital shall be entitled to the unrestricted use of the unsolicited submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other provider of the unsolicited submissions. 

Third Party Links 

The Site may contain links to other websites. Pelvital does not accept any liability for the availability of, or any content or material contained in or obtained through such websites or for the privacy practices of such websites. When you link to another website, you are subject to the terms and conditions and any policies (including privacy policies) of that website. 

Limitation of Liability 

UNDER NO CIRCUMSTANCES SHALL PELVITAL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, OR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR THE INFORMATION CONTAINED THEREIN, EVEN IF PELVITAL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL PELVITAL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, CONTINGENT OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES, COSTS, LOSSES, OF LIABILITIES IN AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS EXCEED THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100 USD. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU. 

Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the State of Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to Pelvital USA, Inc.  860 Blue Gentian Road, Suite 200 Eagan, MN 55121. If Pelvital intends to seek arbitration, Pelvital will send a Notice to the current billing address in your Account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either Party may initiate arbitration proceedings.

A form to initiate arbitration proceedings is available on the AAA website at www.adr.org. In addition to filing this form with the AAA, the Party initiating the arbitration must mail a copy of the completed form to the opposing Party. You may send such copy to Pelvital USA, Inc. at 860 Blue Gentian Road, Suite 200 Eagan, MN 55121 info@pelvital.com, and Pelvital will send such copy to the current billing address in your Account or to your attorney, if you have provided the name of your attorney to us.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Each Party shall bear its own attorneys’ fees and costs incurred in connection with any Dispute.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

Indemnification 

You agree to indemnify, defend, and hold harmless Pelvital, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site, your violation of these Terms, your violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. Pelvital reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

General 

Pelvital reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular internet address to the Site and its features. 

Pelvital’s failure to exercise or enforce any right or provisions of these Terms shall not constitute a waiver of such right or provisions. 

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The provisions of these Terms shall be binding on and inure to the benefit of both your successors and assignees and Pelvital’s successors and assignees. 

Pelvital reserves the right to update these Terms at any time and for any reason in its sole discretion by posting updated terms. Any changes will become effective on a prospective basis from the date of posting. By continuing to use or access the Site after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms.  If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.  Pelvital may make improvements and/or changes in the Site at any time and for any reason in its sole discretion.

Updated June 8, 2026