Acceptance of Terms
The Fertility Council websites and mobile applications (the “Sites”) contain content which consists of a collection of online resources, including service directory listings, classified ads, forums, posting of photo content, social communities and/or various email services, (referred to hereafter as “the Service”) subject to the following Terms of Use (“Terms”). The Sites contain content that is provided as a service to users who agree to abide by the following acceptable conduct terms. Your right to use the Sites is governed by these Terms of Use and our Privacy Policy (collectively, “Terms”). Please take the time to review both carefully before you use the Sites. By using the Sites or Services in any way, you are agreeing to comply with the Terms.
Modifications to this Agreement:
Please be advised that the Terms may change from time to time without notice, even though such changes may affect the way you use the Sites. Such modifications shall become effective immediately upon the posting thereof. You agree that the Sites will not be liable to you or any third-party for any modification or discontinuance of the Sites. In the event that you disagree with or object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Sites in any way, immediately discontinue any use of the Sites or Services.
The Sites have the right, but is not obligated, to strictly enforce the Terms via self-help, community moderation, active investigation, litigation and
prosecution.
Content:
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Sites and/or Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that the Sites do not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and Content available through the Service may contain links to other websites, which are completely independent of the Sites. The Sites makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will the Sites be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that the Sites do not pre-screen or approve Content, but that the Sites shall have the right, but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
Third Party Content, Sites, and Services:
The Sites and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the Sites, including web sites, 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 Sites and/or 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.
You agree that the Sites shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the Site is under no obligation to become involved. You hereby release the Sites, 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.”
Notification of Claims of Infringement:
If you believe that your intellectual property rights have been violated, please notify the Sites agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at: copyright@fertilitycouncil.com or:
Copyright Agent
Fertility Council, LLC
2060-D E. Avenida De Los Arboles, #542
Thousand Oaks, CA 91362
Please provide our Agent with the following Notice:
a) Identify the material on the the Sites site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
The Sites will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Privacy and Information Disclosure:
The Sites have a Privacy Policy which sets forth how users’ information is collected and used, which is located at https://www.fertilitycouncil.com/privacy-policy/ . By using the Sites or the Service, you are acknowledging and agreeing to our Privacy Policy. You further acknowledge and agree that the Sites may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of the Site, its users or the general public.
Conduct
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c) that violates federal, state, or local laws;
d) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
e) that impersonates any person or entity, including, but not limited to, a Site employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
f) that includes personal or identifying information about another person without that person’s explicit consent;
g) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
i) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited
commercial advertisement;
j) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Sites which are not designated for such purposes; or emailed to users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
k) that includes links to commercial services or web sites, except as allowed in the “directory listings” or “classifieds”;
l) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law.
m) that 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;
n) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
s) “stalk” or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly
permitted by the Site;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
x) attempt to gain unauthorized access to the Site’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the Site; or
y) use any form of automated device or computer program that enables the submission of postings on Site 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.
No Spam Policy:
You understand and agree that sending unsolicited email advertisements to Sites email addresses or through the Sites computer systems, which is expressly prohibited by these Terms, is strictly prohibited and unauthorized and is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Fees:
The Sites may impose a fee on the posting of Content in certain areas of the Sites. Users uploading Content to fee-based areas are responsible for such Content and for compliance with these Terms. Under no circumstances will the Sites provide a refund in the event that Content is removed from fee-based areas for violation of these Terms.
Release
The Sites assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Sites. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the Sites is the responsibility of the person or persons posting the message. Any user who violates the Terms may be permanently banned from posting ads or using the Sites. You understand that all Content posted on, transmitted through, or linked from the Sites, are solely the responsibility of the person from whom such Content originated. You understand that the Sites do not control, and is not responsible for Content available on the Sites. You agree that the Sites do not pre-screen, monitor or approve any Content, but that the Sites shall have the right, but not the obligation to remove, move (including moving an ad or posting to another section or category within the services directory or classifieds), refuse, edit or delete any Content for any reason whatsoever. The Sites shall not be responsible for any interaction between you and the other users of the Sites. Your dealings with others through the Sites are solely between you and such other parties. Under no circumstances will the Sites be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Sites are under no obligation to become involved in any disputes between you and other users of the Sites or between you and any other third parties.
You agree that our service is a venue for posters and users of the Sites. In the event that you have a dispute with any user of the Sites, you agree that the Sites are under no obligation to become involved. You further agree to release the Sites from any and all claims, demands, and damages arising out of or in connection with such dispute.
You are entirely responsible and liable for any ad content you post or any ad that is posted through your Account.
The Sites do not offer any refunds for the early cancellation of paid listing, classifieds or ads. We do not issue credits or refunds due to our extremely low rates and minimal administrative staff.
You acknowledge, consent and agree that the Sites may access, preserve and disclose your account information and Content you upload, post, or otherwise make available on the Sites if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Site, its users and the public.
Disclaimer of Warranties for the Sites:
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR OWN RISK. THE SITES SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE SERVICES DIRECTORY, FORUMS, OR CLASSIFIEDS. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITES MAKE NO WARRANTY THAT THE USE OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THESE WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
The information, services and products available to you on these Sites may contain errors and are subject to periods of interruption. While the Sites do its best to maintain the information, services and products it offers on the Sites, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Sites.
IN NO EVENT SHALL THE SITE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITES, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THESE SITES, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITES, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITES, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY SITE’S ACTIVITIES.
IF YOU ARE DISSATISFIED WITH THE SITES, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITES.
If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “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.”
Indemnity:
You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Sites, the violation of these Terms by you, or the infringement by you, or other users of the Sites using your computer, of any intellectual property or other right of any person or entity. The Sites reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Jurisdiction and Choice of Law:
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Sites, shall be brought only in either the state or Federal courts located in California, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
General:
These Terms constitute the entire agreement between you and the Site and govern your use of the Sites, superseding any prior agreements between you and the Sites. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by these Sites. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Violations:
Please report any violations of these Terms to abuse@fertilitycouncil.com.
Severence and Waiver:
You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The Site’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Sites.