Last updated: March 24, 2011
1. Terms of Service
If you use this website, you irrevocably agree to follow and be bound by Fertility Ties Terms of Service agreement which may be changed at any time without any undue notice and you agree to be bound by these new terms upon the posting of these modifications.
If you do not agree with any of these Terms of Service, please do not use this website.
By using this website, you will be deemed to have irrevocably agreed to these Terms of Service.
2. Acceptance of Terms
If you are having a life threatening emergency, contact 911 immediately or go to the nearest emergency room. You are solely responsible for your posting and any reliance of other’s postings and/or information found in FertilityTies. In the event you feel threatened by a posting, suspect harm will be done to another, notice someone is in danger, you must contact 911 or your local law enforcement agency immediately.
FertilityTies is solely an informational based website whose content (whether images, text, or graphics) should not replace the advice of your physician, that of a medical professional, or properly labeled pharmaceutical product’s instructions. Although FertilityTies will always try give accurate and up-to-date state of the art information, please note that medical information is always changing and differing physicians have differing opinions, and information expressed in any form through this site may be accurate, inaccurate, out of date, complete, incomplete, exhaustive, timely, and/or omitted and is given “as is” and without warranty expressed or implied and may not cover all fertility related conditions and treatments or other health related issues.
Any information provided through this site should not delay you visiting your personal physician to be diagnosed and treated. You agree not to use the information provided in FertilityTies to diagnose or treat any medical or infertility related problem without first consulting your personal physician. Only your physician can provide information and advise that is safe and effective for you. If your personal physician or medical provider is an advisor, guest advisor, and/or commentator and you gather information from him/her through this site, FertilityTies accepts no responsibility from this exchange of information and explicitly recommends that this same information be documented and re-expressed in the physician’s or medical provider’s private setting. If you solely rely on information from this site without first consulting with your doctor, FertilityTies disclaims any responsibility, complications, injuries, medical accidents, death, and/or liability suffered from your use, misuse, and/or reliance of information gathered from this any part from this site. Any claims arising from the use of this site must be brought to the attention of FertilityTies within 6 months of the date of the incident, event, or action occurred.
If you are a licensed physician &/or medical provider, please feel free to use our services and offer information in FertilityTies to help out members in our community. However, you can not in any form or manner represent yourself, including and not limited to your user name, as a licensed physician &/or medical provider without having sought and received permission from FertilityTies.
FertilityTies does not recommend any specific physician, group, product, tests, procedures or opinions given even though advisors, sponsors, and guests may contribute towards its content. Although you may be communicating through various means with a licensed physician or medical professional through FertilityTies, you clearly understand that this does not constitute or create any form of doctor-patient or healthcare professional-patient relationship between you, the doctor or healthcare professional and FertilityTies.
FertilityTies may modify this Agreement from time to time and such modification shall be effective upon posting by FertilityTies on the Website. You agree to be bound to any changes to this Agreement when you use the Website or the Services after any such modification is posted. By creating an account, you're also opting to receive e-mails about FertilityTies.com. If you ever want us to stop sending you our marketing e-mails, you can unsubscribe(through a link at the bottom of each e-mail) at any time.
3. Term& Termination
This Agreement shall remain in full force and effect while you use the Services either as a Visitor or as a Member. FertilityTies may terminate your Membership at any time, without warning. FertilityTies reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including but not limited to, private messages, videos, classified listings, blog postings, articles, questions & answers) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. The rights and obligations set forth in Sections 9-13 and 15-25 of this Agreement shall survive termination or expiration of your Membership or this Agreement for any reason. Once a Member has been banned from FertilityTies and their Membership is terminated, this Member shall not be granted access back to the Website, unless the administrator of this site agrees to reinstate a membership.
You acknowledge that Fertility reserves the right to charge for the Services and to change its fees from time to time in its discretion. FertilityTies may charge Users a fee to post User Content (as defined below in Section 11.a.) in some designed areas of the Services (including, but not limited to, webinars). The fee is an access fee permitting users to view and listen to medical information in a designated area. Each party posting User Content to the Services is responsible for that User Content and compliance with these Terms of Service and all applicable laws. All fees paid will be non-refundable in all instances, including without limitation, in the event that User Content that you have posted is removed from the Services for violating these Terms of Service.
5. User Obligations
You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. If you do not agree with any of the terms in this Agreement, then do not use the Website or the Services.
In order to access some features of the Website, you will have to create an account and/or profile. Your FertilityTies profile may not include the following items: telephone numbers, street addresses, last names, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other FertilityTies members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and FertilityTies assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact FertilityTies by sending an email to reportabuse@FertilityTies.com.
Usage of and Membership in the Services is void where prohibited. You must be at least 18 years of age to use this Website and the Services. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least18 years of age; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
7. Member Account, Password, & Security.
When you sign up as a Member, you will also be asked to choose a password. You are fully responsible for maintaining the confidentiality of your password and for all activities that occur under your password or account. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify FertilityTies immediately of any unauthorized use of your password or account or any other breach of security. To protect the security of your account, you agree to logout from your account at the end of each session. FertilityTies cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7 of this Agreement.
9. Use of the Services
The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FertilityTies. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
10. Ownership of Intellectual Property
Other than User Content, all other content, text, images, data, information and other material that may be displayed, available, or present on this Website via the Services ("Content"), including any intellectual property rights in such Content, such as rights in copyrights, trademarks, patents, and trade secrets, is the property of FertilityTies or its licensors. FertilityTies owns and retains all rights in the Content and the Services. FertilityTies hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
11. Content Posted by Members
a. Except as set forth below, FertilityTies does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that Users post to the Services (collectively, "User Content"). Except as set forth below, after displaying, publishing, or posting (collectively, “posting”) User Content to the Services, you continue to retain all ownership or licensed rights in your User Content, and you continue to have the right to use your User Content in any way you choose. By posting any User Content on or through the Services, you hereby grant to FertilityTies a limited, non-exclusive, fully-paid, royalty-free, sub-licensable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute your User Content solely on and through the Services. This license will terminate at the time you remove your User Content from the Services. However, FertilityTies shall not be responsible for any cached files that are collected by any third party that may continue to be accessible after the termination of this license. The license does not grant FertilityTies the right to sell your User Content nor does the license grant FertilityTies the right to distribute your User Content outside of the Services.
b. In some cases User Content you submit expressly for the purpose of entering a contest, sweepstakes, or promotion presented on this Website will become the sole property of FertilityTies and/or the sponsor of the contest, sweepstakes, or promotion. Please refer to the specific rules for the contest, sweepstakes, or promotion you are entering to learn more about your rights relating to the User Content you submit for these purposes.
c. You represent and warrant that: (i) you own the User Content that you post or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any User Content posted by you to or through the Services.
d. You acknowledge you are solely responsible for your User Content, and any material or information that you transmit to other Members and for your interactions with other Users. FertilityTies does not endorse and has no control over any User Content. User Content is not necessarily reviewed by FertilityTies prior to posting and does not necessarily reflect the opinions or policies of FertilityTies. FertilityTies makes no warranties, express or implied, as to any User Content or to the accuracy and reliability of the User Content or any material or information that Users transmit to other Members.
FertilityTies is moderated occassionaly by admin members of FertilityTies.com.
Users commenting on FertilityTies must behave with respect and honesty at all times.
Users may not post any commercial/advertising comment.
Users commenting on FertilityTies must post information which are true and correct to their knowledge. Sources to health/medical claims must be provided when relevant.
Moderators Reserve the right to erase, without notification, any comment they would judge inappropriate.
We remind you that everyone can read and use your comments. You do not have the possibility to erase your own comments.
FertilityTies.com also offers the following type of user accounts:
BUSINESS PROFILE ACCOUNTS
A "Business Profile Account" is an account to be used solely for the purpose of representing your business in connection with the Service. In creating or updating a Business Profile Account, you must be an authorized representative of the business in question, and you must provide complete and accurate contact information about yourself and the business you represent.
You may not provide an email address that is not your own. If you are no longer an authorized representative of the business in question, you must stop updating the Business Profile Account, close your account, and immediately and e-mail support@FertilityTies.com to inform us.
DOCTOR PROFILE ACCOUNTS
A "Doctor Profile Account" is an account to be used by physicians only, for the purpose of representing your business and utilizing features of FertilityTies.com that describe you as a physician. For example, answering questions from members of FertilityTies.com, and displaying content/articles that is described as being written by the physician "Doctor Profile Account".
Please note that U.S. Federal Law prohibits any person from:
Impersonating a physician
Falsely representing themselves as a physician
Falsely claiming to represent a physician
Falsifying physician information or
Any other fraudulent activities related to physician identification and/or information
You may terminate the Terms of Service at any time by closing your account, discontinuing your use of the Service, and providing FertilityTies.com with a notice of termination via firstname.lastname@example.org. If you close your account, we may continue to display Your Content where it implicates other users (e.g., questions or comments that you have made to other users).
We may close any Business Profile Accounts or Doctor Profile accounts, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, or any other related information.
e. FertilityTies may delete any User Content that in the sole judgment of FertilityTies violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. You acknowledge that FertilityTies may or may not pre-screen User Content, but that FertilityTies shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any User Content that is available via the Services, including User Content that you submit. FertilityTies assumes no responsibility for monitoring the Services for inappropriate User Content or conduct. If at any time FertilityTies chooses, in its sole discretion, to monitor the Services, FertilityTies nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content. Nothing in this Agreement shall obligate FertilityTies to use any User Content you or any other User submits or permit the posting of such User Content on this Website.
f. You acknowledge that FertilityTies may establish limits concerning use of the Service, including the maximum number of days that User Content will be retained by the Service, the maximum number and size of posted User Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that FertilityTies has no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted by the Service. You acknowledge that FertilityTies reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that FertilityTies shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
g. Subject to Section 11.b, except for User Content posted by you, and except as permitted by the limited license in Section 10 of this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content or any other User’s User Content appearing on or through the Services. However, if this Website permits the emailing of certain Content or a link through the use of an “email to a friend” (or similar) icon, you may send that particular Content or link to others by email, as indicated. h. In the event of a membership being terminated either by the request of the member or terminated by the sole discretion of FertilityTies, you acknowledge that FertilityTies will delete your profile and any Journeys you might have written. FertilityTies reserves the right to continue to display any other content that was posted under Discussions, Questions and Answers, Reviews, Polls or any other areas of the site at its sole discretion.
12. Software Downloads
Any FertilityTies software or third party software that may be made available to download from this Website (“Software”) is the copyrighted work of FertilityTies and/or its affiliates, licensors, or suppliers. The Software is made available for downloading solely for your use pursuant to the end user license agreement (“EULA”) applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, downloading Software is prohibited if you are visiting this Website from any of the countries to which export of software is prohibited by the U.S. Department of Commerce. Without limiting any of the language above, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.
13. Restricted Rights
The information that is downloaded from this website for or on behalf of the Government of the United States of America and/or its agencies (“US Government”) is provided with Restricted Rights. Use, duplication, or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.
You may make a direct link to the home page of FertilityTies (http://www.FertilityTies.com) without framing. In the event that FertilityTies determines that your linking practices relating to this Website are inappropriate, we may provide you with notice requesting removal or modification of any inappropriate link, and you agree to comply with any and all such requests.
15. Prohibited Content & Illegal Activities
FertilityTies reserves the right to investigate and take appropriate legal action against anyone who, in FertilityTies’ sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. “Prohibited content and illegal activities” include, but are not limited to User Content or any User activity that, in the sole discretion of FertilityTies:
a. Promotes racism, sexism, bigotry, hatred or physical harm of any kind against any group or individual;
b. Exploits people in a sexual or violent manner;
c. Harasses or advocates harassment of another person;
d. Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e. Solicits personal information from anyone under 18 years old;
f. Promotes information that you are aware is a falsehood, is misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
g. Promotes an illegal or unauthorized copy of another person's copyrighted work;
h. Involves the transmission of "junk mail," “pyramid schemes,” "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
i. Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
j. Includes a photograph of another person that you have posted without that person's consent;
k. Impersonates any person or entity, including, but not limited to, a FertilityTies employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to User Content that constitutes lawful non-deceptive parody of public figures);
l. Includes personal or identifying information about another person without that person's explicit consent;
m. Is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
n. Advertises any illegal service or the sale of any items prohibited or restricted by any applicable law, including without limitation items prohibited or regulated by California law.
o. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
p. Disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the Service, or that otherwise negatively affects other Users' ability to use the Service; or
q. Employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Content transmitted through the Service;
r. Is a criminal or tortuous activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
s.Disrupts the website by way of creating multiple accounts or intent to re-gain Membership after having been previously banned from the website.
16. Member Conduct and Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
It is the policy of FertilityTies to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of prompt notification to FertilityTies by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please contact our Copyright Agent at our email: copyrightagent@FertilityTies.com. Please provide our Copyright Agent with the following information:
(a) Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) Description of the copyrighted work that you claim has been infringed;
(c) Description of where the material that you claim is infringing is located on the Services;
(d) Your address, telephone number, and email address;
(e) Written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) Statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
In addition, you agree not to:
(a) Contact anyone who has asked not to be contacted;
(b) "Stalk" or otherwise harass anyone;
(c) Collect personal data about other Users for commercial or unlawful purposes;
(d) Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services- unless expressly permitted by FertilityTies;
(e) Repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(f) For classified listings, post the same item or service in more than one category or forum, or in more than one metropolitan area;
(g) Attempt to gain unauthorized access to FertilityTies computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Website; or
(h) Use any form of automated device or computer program that enables the submission of postings on the Services without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
17. Third Party Content
The Content and User Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of FertilityTies, including websites, directories, servers, networks, systems information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
18. Member Disputes
You are solely responsible for your interactions with other FertilityTies members. FertilityTies reserves the right, but has no obligation, to monitor disputes between you and other Members. You agree that FertilityTies shall not be responsible or liable for any loss or damage of any sort incurred as the result of any activity between Users related to the Service. In the event that you have a dispute with one or more other FertilityTies Users, you hereby release and agree to indemnify, defend, and hold harmless FertilityTies, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
FERTILITYTIES IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT OR USER CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES, WHETHER CAUSED BY USERS OF THE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES. PORTIONS OF THIS WEBSITE AND PROFILES CREATED AND POSTED BY MEMBERS ON THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES. FERTILITYTIES IS NOT RESPONSIBLE FOR THE SUBSTANCE, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE IN NO WAY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY FERTILITYTIES. INCLUSION OF ANY LINKED WEBSITE ON THE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY FERTILITYTIES. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. FERTILITYTIES TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THIS WEBSITE OR THROUGH THE SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. FERTILITYTIES IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. FERTILITYTIES ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. FERTILITYTIES IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES SHALL FERTILITYTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, ATTENDANCE AT A FERTILITYTIES EVENT, FROM ANY CONTENT OR USER CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND FERTILITYTIES EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. FERTILITYTIES CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
20. Limitation on Liability.
IN NO EVENT SHALL FERTILITYTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FERTILITYTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FERTILITYTIES LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FERTILITYTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FERTILITYTIES FOR THE FERTILITYTIES SERVICES DURING THE TERM OF MEMBERSHIP.
You agree to indemnify and hold FertilityTies, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Services in violation of this Agreement, (ii) a breach of this Agreement,(iii) any breach of your representations and warranties set forth above, and/or (iv) any User Content that you post which causes FertilityTies to be liable to another individual or entity.
22. Choice of Law and Forum.
You agree that any dispute between you and FertilityTies about or involving the Services shall be governed by the laws of the State of California, USA, without regard to its conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the within the county of Santa Clara, California.
23. FertilityTies will send its registered members from time to time e-mails promoting FertilityTies content, features, contests and sponsors. FertilityTies registered members will have the opportunity to unsubscribe from these e-mails by clicking on the unsubscribe area when they receive these e-mails.
Your use of this Website and/or your Membership to FertilityTies constitutes your acceptance of this Agreement. This Agreement constitutes the entire agreement between you and FertilityTies regarding the use of the Website and the Services. The failure of FertilityTies to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. FertilityTies ™ is a trademarks of FertilityTies, Inc. and cannot be used without the express written consent of FertilityTies. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is deemed unlawful, void or unenforceable, that provision shall be severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Please contact us at: privacypolicy@ FertilityTies.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.