Medical Disclaimer & Legal Notice
Last updated: March 2026
Please read this Disclaimer and Legal Notice ("Disclaimer") carefully before using makeamom.com or purchasing any MakeAMom product. By accessing this website, placing an order, or using any MakeAMom product, you acknowledge that you have read, understood, and irrevocably agree to be bound by this Disclaimer in its entirety, including the mandatory arbitration and class action waiver provisions set forth below. If you do not agree to any part of this Disclaimer, you must immediately cease use of this website and refrain from purchasing our products.
1. Product Classification — Adult Personal Use Product
MakeAMom insemination kits are adult personal use products sold for lawful personal use by consenting adults. For purposes of federal and state regulatory classification, these products are adult novelty items and are not FDA-cleared or FDA-approved medical devices, are not subject to FDA medical device regulatory requirements under 21 U.S.C. § 360 et seq., and have not been evaluated by the FDA for safety or efficacy in connection with any medical purpose.
These products are not intended to, and do not, diagnose, treat, cure, mitigate, or prevent any disease, disorder, injury, or medical condition. Use of MakeAMom products does not constitute, and should not be understood as, medical treatment of any nature.
Reconciliation of Product Classification and Intended Personal Use: While these products are classified as adult novelty items for regulatory purposes, MakeAMom acknowledges that adult consumers may choose, entirely of their own volition and as a personal reproductive decision, to use these products in connection with at-home intravaginal insemination. Intravaginal insemination performed at home is a personal reproductive activity — not a medical procedure — and the consumer's independent choice to pursue conception through any means is a personal matter that does not transform this product into a medical device or render MakeAMom a healthcare provider. The product mechanically facilitates a physical activity the consumer has independently elected to undertake. MakeAMom makes no representation that use of its products will result in conception or address any fertility condition. The physician opinions featured on this website reflect those physicians' views on accessibility of at-home insemination as a personal option; they do not constitute clinical prescriptions, treatment plans, or medical endorsements of MakeAMom products as medical devices.
2. No Medical Advice
All content on makeamom.com — including blog posts, articles, guides, FAQs, product descriptions, instructional materials, physician statements, success-rate statistics, and any other written, visual, or audio content — is provided for general informational and educational purposes only. Nothing on this website constitutes, and nothing should be construed as, medical advice, clinical guidance, a diagnosis, or a treatment recommendation of any kind. You must not rely on any content on this website as a substitute for the advice, diagnosis, or treatment of a licensed physician, reproductive endocrinologist, OB/GYN, urologist, or other qualified healthcare professional. Always seek the counsel of your own licensed healthcare provider before undertaking any health-related decision, product use, or reproductive regimen. Never delay seeking professional medical advice because of something you have read on this website.
3. Physician Endorsements — FTC Disclosure
MakeAMom features voluntary endorsement statements from independent, internationally licensed physicians. Each endorsing physician is an independent professional acting in their individual capacity. These endorsements represent only the personal professional opinions of the named individuals and do not constitute clinical recommendations, treatment protocols, prescriptions, or medical advice. They are not a substitute for individualized guidance from your own licensed healthcare provider. The opinions of endorsing physicians do not imply that MakeAMom products have been clinically tested, evaluated under any scientific protocol, or validated for any therapeutic purpose.
Pursuant to FTC Guides Concerning the Use of Endorsements and Testimonials (16 C.F.R. Part 255): all endorsements reflect the honest opinions of the endorsers at the time made; no endorser has been compensated in a manner that has not been disclosed; and individual results referenced in any endorsement are not typical and are not guaranteed. MakeAMom complies with applicable FTC guidance and will update or remove any endorsement if it is determined to be misleading or if the endorser's opinion changes.
4. Assumption of Risk; User Representations
Use of MakeAMom products is entirely voluntary. By purchasing or using any MakeAMom product, you expressly and irrevocably:
- Acknowledge that you are an adult of legal age in your jurisdiction;
- Represent that you have read, or had a reasonable opportunity to read, the product instructions and this Disclaimer before use;
- Acknowledge that you have consulted, or voluntarily elected not to consult, a qualified healthcare provider prior to use;
- Assume all risks associated with your use of the product, including risks related to your individual health status, reproductive condition, and any underlying medical factors unknown to MakeAMom; and
- Agree that your decision to use this product in connection with conception is a personal reproductive choice made independently and not at the direction or recommendation of MakeAMom.
5. Limitation of Liability; Indemnification
Limitation of Liability. To the fullest extent permitted by applicable law, MakeAMom and its officers, directors, members, managers, employees, affiliates, agents, licensors, suppliers, and successors (collectively, "MakeAMom Parties") shall have no liability to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including without limitation damages for personal injury, bodily harm, loss of data, loss of revenue, loss of profits, loss of business opportunity, emotional distress, or any fertility-related or reproductive outcome, arising out of or related to: (a) your access to or use of this website or any content thereon; (b) your purchase or use of any MakeAMom product; (c) any outcome or result of your personal reproductive activities; or (d) any reliance on information provided on this website — regardless of whether MakeAMom was advised of the possibility of such damages and regardless of the theory of liability asserted. In no event shall the MakeAMom Parties' total aggregate liability to you for any claim arising out of or related to any MakeAMom product or this website exceed the total amount you actually paid to MakeAMom for the specific product giving rise to such claim.
Indemnification. You agree to defend, indemnify, and hold harmless the MakeAMom Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of any MakeAMom product; (b) your breach of this Disclaimer; (c) your violation of any applicable law or regulation; or (d) any third-party claim arising from your use of the product.
Some jurisdictions do not permit the exclusion or limitation of certain categories of damages. In such jurisdictions, liability is limited to the maximum extent permitted by applicable law.
6. Testimonials and Success-Rate Statistics
Testimonials, success stories, and any statistics published on this website — including any reference to conception rates or product success rates — reflect the self-reported experiences of individual customers. They are anecdotal in nature, are not derived from randomized controlled studies or peer-reviewed clinical trials, and have not been evaluated by any regulatory body. They are not a guarantee of any result, and no outcome is promised or implied. Fertility outcomes depend on numerous individualized factors entirely beyond MakeAMom's knowledge or control, including but not limited to age, ovarian reserve, sperm quality, cycle timing, anatomical factors, underlying health conditions, and adherence to product instructions. Your experience may differ materially from that of any testimonial author.
7. When to Consult a Licensed Healthcare Provider
You should consult a licensed healthcare provider before using any product in connection with conception, and particularly if you:
- Have a known or suspected reproductive, gynecologic, or urologic health condition;
- Have been attempting conception for 12 or more consecutive months without success (or 6 months if over age 35);
- Have irregular, infrequent, absent, or abnormally heavy menstrual cycles;
- Have a history of pelvic inflammatory disease, endometriosis, polycystic ovary syndrome (PCOS), uterine fibroids, uterine abnormalities, or prior pregnancy loss;
- Have reason to believe you or your partner may have a sperm-related, hormonal, or fertility-related condition;
- Are currently taking any prescription medications, hormonal therapies, or undergoing any form of medical or surgical treatment;
- Have been diagnosed with any sexually transmitted infection (STI) or have a history of recurrent infections; or
- Have any other physical or medical condition that may affect your reproductive system or general health.
This list is illustrative and expressly non-exhaustive. If you have any doubt about your health status, consult a licensed healthcare provider before proceeding.
8. No Doctor-Patient Relationship; No Professional-Client Relationship
Neither your use of this website, your purchase of any MakeAMom product, your use of any MakeAMom product, nor any form of communication with MakeAMom's customer service or support team creates a doctor-patient relationship, a pharmacist-patient relationship, a therapist-patient relationship, or any other professional-client or fiduciary relationship between you and MakeAMom, or between you and any physician, nurse, pharmacist, counselor, or other healthcare professional whose name, likeness, or statement appears on this website.
9. Not a HIPAA Covered Entity; No Protected Health Information
MakeAMom is not a "covered entity" or "business associate" as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended. MakeAMom does not create, receive, maintain, or transmit "protected health information" as defined under HIPAA. Any personal information, including health-related information, that you voluntarily share with MakeAMom is collected and used in accordance with our Privacy Policy and is not subject to HIPAA protections. You should not share sensitive medical records or information with MakeAMom that you would not wish to be handled as ordinary business correspondence.
10. Mandatory Binding Arbitration; Class Action Waiver
Please read this section carefully. It affects your legal rights.
Agreement to Arbitrate. Except as provided below, you and MakeAMom agree that any and all disputes, claims, or controversies arising out of or relating to this Disclaimer, the MakeAMom website, or the purchase or use of any MakeAMom product — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — shall be resolved exclusively through final and binding individual arbitration, rather than in a court of law. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), and the parties acknowledge that their transactions involve interstate commerce.
Arbitration Rules and Procedures. Arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures (for claims under $250,000) or its Comprehensive Arbitration Rules & Procedures (for claims at or above $250,000), as applicable, in each case as modified by this Disclaimer. The arbitration shall be conducted by a single neutral arbitrator. The seat of arbitration shall be Clark County, Nevada. Proceedings may be conducted by telephone, video conference, written submissions, or in person, at the arbitrator's discretion. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Arbitration Costs. MakeAMom will pay all JAMS filing, administration, and arbitrator fees for claims that do not exceed $10,000 in total value, provided the claim is not determined by the arbitrator to be frivolous. For claims exceeding $10,000, fees shall be allocated in accordance with the applicable JAMS rules. Each party shall bear its own attorneys' fees unless the arbitrator determines that a party's claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award fees to the prevailing party.
Class Action Waiver. YOU AND MAKEAMOM EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate or join more than one person's or entity's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement in this Section shall be null and void as to that claim.
Exceptions. Notwithstanding the foregoing, either party may: (a) bring an individual claim in small claims court that qualifies under that court's jurisdictional limits; and (b) seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, pending resolution by arbitration.
Opt-Out Right. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to support@makeamom.com within thirty (30) days of the date of your first purchase from MakeAMom. Your opt-out notice must include your full name, email address, and a clear statement that you wish to opt out of mandatory arbitration. Opting out of arbitration does not affect any other provision of this Disclaimer.
Informal Resolution First. Before initiating arbitration, the initiating party must provide sixty (60) days' written notice of the dispute to the other party and genuinely attempt to resolve the dispute informally during that period. MakeAMom will do the same. Arbitration may not be initiated until this informal resolution period has expired without resolution.
11. External Links; Third-Party Content
This website may contain links to third-party websites, including the professional profiles of endorsing physicians and external medical or scientific publications. MakeAMom does not control, monitor, endorse, or assume responsibility for the accuracy, legality, or content of any third-party website or resource. The inclusion of any link does not constitute an endorsement of the linked website or its operator. You access third-party links at your own risk.
12. Governing Law; Venue; Severability
This Disclaimer is governed by and construed in accordance with the laws of the State of Nevada, without regard to any conflict-of-law principles that would require or permit the application of the law of any other jurisdiction. To the extent any dispute is not subject to arbitration pursuant to Section 10, you and MakeAMom irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Clark County, Nevada for resolution of such dispute. If any provision of this Disclaimer is held to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction or an arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall remain in full force and effect.
13. Updates to This Disclaimer
MakeAMom reserves the right to revise this Disclaimer at any time and for any reason, without prior notice. Revisions become effective upon posting to this page. The date of most recent revision appears at the top and bottom of this page. Your continued use of makeamom.com or purchase of any product following any posted revision constitutes your binding acceptance of the revised Disclaimer. If you do not agree to a revised Disclaimer, your sole remedy is to discontinue use of the website and cease purchasing our products.
Last updated: March 2026