ARC Fertility Terms And Conditions Of Use

Terms & Conditions

Terms of Use and Copyright

If you disagree with any of the terms that follow, or do not agree to be bound by all such terms, do not use this site.

1. RESTRICTION ON USE

By accessing and using this site (the “Site”) you accept without limitations or qualifications these terms of use (“Terms of Use”), just as if you had signed an agreement containing the Terms of Use. Advanced Reprodutive Care (ARC) as well as their agents and assignees, as applicable, reserves the rights in its sole discretion to modify, alter or otherwise update these Terms of Use and you agree to be bound by such modifications, alterations or updates. You agree to review these Terms of Use on a periodic basis.

The Site contains material which is derived in whole or in part from material supplied by ARC and other sources, and is protected by U.S. and international copyright, trademark and other applicable laws. No material (including but not limited to the text, images, audio and/or video) and no code or software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled. You may download Materials from the Site for your personal, non-commercial use only provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of ARC’s or such other sources’ copyright, trademark and other proprietary rights. The Materials are licensed to you by ARC, but ARC does not transfer title to the Materials to you. You own the medium on which the Materials are recorded, and ARC retains full and complete title to the Materials, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Materials to a human-perceivable form. The use of any such Materials on any other web site or networked computer environment is prohibited.

2. LINKED SITES

ARC is not necessarily affiliated with sites which may be linked to the Site and is not responsible for their content (“Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.

3. FORUMS

The Site may include bulletin boards, chat rooms, e-mails or other forums (“Forums”). ARC is not responsible for any material posted on the Forums, and it is a condition of your use of the Forums and the Site that you shall not upload, transmit, distribute or otherwise publish through such Forums any content which:

Violates any law;

Libels, defames, is obscene, hateful, racist, harassing, vulgar, pornographic, abusive, threatening, profane or indecent, including images and language;

Infringes any intellectual property rights of a person or entity, including without limitation, violating a copyright or trademark or other proprietary right or derivative works with respect thereto;

Violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights;

In any way exploits any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;

Solicits gambling or engages in any gambling activity;

Contains a virus or other harmful component;

Advocates illegal activity;

Advertises or otherwise solicits funds or is a solicitation of funds for goods or services or solicits any illegal act (collectively “Non-approved Materials).

While ARC does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, ARC reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or unacceptable as set forth hereinabove or otherwise. You acknowledge that ARC reserves the right to, and may from time to time, monitor any and all information transmitted or received, for operational and other purposes. Use of the Site constitutes consent to such monitoring.

5. DISCLAIMERS AND LIMITATIONS ON LIABILITY

Your use and browsing of the Site is at your own risk. If you are dissatisfied with the Site, any of the Materials contained in the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.

To the fullest extent permissible pursuant to applicable law, under no circumstances, including but not limited to negligence, shall ARC, its parent, affiliated companies, affiliates, and their respective directors, officers, employees and agents, or any other party involved in creating or producing, or delivering this Site be liable for any special, direct, incidental, consequential, indirect or punitive damages arising out of your access to, use of or inability to use, the Site. ARC is not responsible or liable for any damages to, or infections or contamination of your system, computer, equipment, or other property, or delays, inaccuracies, errors, or omissions arising out of your use of the Site or with respect to the Material contained on the Site whether the Material is provided or otherwise supplied by ARC or anyone else. In no event shall ARC’s total liability for all losses, damages, and causes of action (whether in contract, tort [including but not limited to negligence] or otherwise) exceed the amount paid by you, if any, for accessing the Site. The Site and all Materials contained on it are distributed and transmitted “as is” without representations or warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, or non-infringement. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Material rests with you.

ARC cannot ensure that you will be satisfied with any products or services that may be advertised on the Site or that you may purchase from a third-party site that may be on, or links to or from the Site, since such merchandise may be owned and operated by independent retailers. ARC does not endorse any of the merchandise, nor has ARC taken any steps to confirm the accuracy or reliability of, any of the information contained in such advertisements or third-party sites. ARC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against ARC, its parent, affiliated companies, affiliates and their respective directors, officers, employees and agents with respect to such sites. ARC strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

6. INDEMNIFICATION

You agree to defend, indemnify and hold harmless ARC, its parent, affiliated companies, affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Materials posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site or reliance by you on any Materials contained on the Site; (c) any non-compliance by you of the Terms of Use of this agreement; and (d) claims brought by persons or entities other than the parties to this agreement arising from or related to your access and use of the Site, including the Information or Materials obtained through the Site.

7. TERMINATION

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all Materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise.

This agreement will terminate immediately without notice from ARC in ARC’s sole discretion for any reason whatsoever. ARC reserves the right to modify or discontinue this Site, or any portion thereof (including Forums) without notice to you or any third party.

Upon termination, you must destroy all Materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise.

In the event of termination, you are no longer authorized to access the Forums. The restrictions imposed on you with respect to Materials downloaded from the Forums and all disclaimers and limitations of liabilities set forth in this agreement shall survive.

8. MISCELLANEOUS

This Site is controlled and operated by ARC from its offices in California, the United States of America. ARC makes no representations or warranties that Materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or reexported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

Software from this Site is further subject to United States export controls and may not be downloaded by any person or entity prohibited by any U.S. law, rule, regulation or order or otherwise exported or reexported into any country to which the U.S. has embargoed goods.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Any action you bring to enforce this agreement or any matters related to this Site shall be brought in either the State or Federal Courts located in Los Angeles County, California. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall not be affected thereby.

This agreement and any other posted operating rules constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between ARC representatives and you. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of ARC. Any other assignment shall be null and void, ab initio. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles used in this agreement are used for convenience only and are not to be considered in construing or interpreting this agreement.