Terms and Conditions

These terms of use (“Terms of Use”) are applicable to any and all access to or use of any of the US Fertility website content (“Site”). Any use of this Site constitutes your agreement to these Terms of Use.

NO MINORS

You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to and use this Site in accordance with these Terms of Use.

COPYRIGHT

The Site may contain proprietary content that is protected by copyright and other laws. US Fertility retains all rights in the Site, including without limitation, all copyright and other proprietary rights worldwide in all media.

PRIVACY

Registration data and all information submitted by you on the Site is subject to our Privacy Policy, which is incorporated into these Terms of Use by reference. The Privacy Policy governs the use of information by US Fertility only, and US Fertility disclaims any responsibility for use of such information by any third party.

NO MEDICAL ADVICE

US Fertility provides non-clinical, administrative and business support services to a network of infertility clinics (“Network Practices”). US Fertility does not own any of the Network Practices, nor does it employ the physicians engaged in the delivery of patient care at the Network Practices. Decisions regarding patient care are made solely by each patient’s treating physician based on his/her medical judgment.

The Site is provided to educate consumers on infertility issues. The Website does not, and should not be construed to, constitute any medical, nursing or other professional healthcare advice, diagnosis or treatment. Nothing contained in this Site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. Information provided on the Site does not create a physician-patient relationship between you and any physician.

CONTENT AND CONDUCT RULES

You understand that by accessing or using the Site, you may be exposed to content that you find to be offensive or objectionable. The opinions expressed in commentary to any blog are not necessarily those of US Fertility, the Network Practices, or any of their respective officers, directors, owners, employees, contractors, or representatives. Under no circumstances will US Fertility be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. You acknowledge that US Fertility has the right, in its sole discretion, to refuse or remove any content that is available via the Site, and to edit any content. US Fertility does not condone or endorse any commentary to the blogs. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of the Site.

In using the Site, you agree that you will not:

  • Collect any information about other users, including without limitation, any personal data or information;

  • Impersonate any person or entity, including, but not limited to, a US Fertility officer, director, owner, employee, agent, or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary arrangements;

  • Copy or transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

  • Directly or indirectly modify any Site content without the express permission of US Fertility;

  • Remove any notices from the Site;

  • Promote illegal activities, or promote physical harm or injury against any group or individual;

  • Use the Site for fraudulent or deceptive purposes;

  • Transmit any material that contains computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware;

  • Interfere with or disrupt the Site or servers or networks connected to the Site

  • Take any steps to interfere with or in any manner compromise security measures of the Site;

  • Grant rights in the Site to any other person or entity;

  • Attempt to decompile, reverse engineer, disassemble, modify, or hack the Site or underlying software, or to defeat or overcome any encryption or digital rights management technology implemented by US Fertility with respect to the Site or data transmitted, processed, or stored by US Fertility; or

  • Use the Site in any manner not permitted by these Terms of Use.

If you are found to be in violation of these Terms of Use, as determined by US Fertility in its sole discretion, US Fertility may terminate your right to access the Site.

CHANGES TO TERMS OF USE

US Fertility may change the Terms of Use at any time by notifying you of the change by posting a notice on the Site that the terms have been modified. You agree to be bound by such changes by using the Site after changes are made to these Terms of Use.

WARRANTIES; LIMITATION OF LIABILITY

US FERTILITY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR THE CONTENT PROVIDED THEREIN. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS OF USE, THE SITE IS PROVIDED “AS IS” AND US FERTILITY MAKES NO OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.

SUBJECT TO APPLICABLE STATE LAW, IN NO EVENT SHALL US FERTILITY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS IN ANY WAY ARISING FROM OR RELATING TO THESE TERMS OF USE OR RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THESE TERMS OF USE.

INDEMNIFICATION

You agree to indemnify, defend, and hold US Fertility harmless from and against any and all third party claims and losses arising out of or in any way related to your use of the Site, your breach of these Terms of Use, or your breach of the intellectual property or other rights of third parties.

MISCELLANEOUS PROVISIONS

Choice of Law. These Terms of Use shall for all purposes be governed and construed in accordance with the laws of the State of Delaware without regard to choice-of-law rules.

Entire Agreement. These Terms of Use, as may be amended from time to time in the sole discretion of US Fertility, constitutes the entire agreement and supersedes all prior or contemporaneous writings, discussions, agreements, and understandings of any kind, with respect to the subject matter of these Terms of Use.

Severability. If any provision of these Terms of Use shall be held to be unenforceable, these Terms of Use will continue in full force and effect without that provision.


EFFECTIVE DATE (DATE LAST UPDATED): JULY 14, 2020