Welcome to the Extend Fertility website. For purposes of these Terms of Use, “Site” means the website located at www.extendfertility.com, any subsequent URL which may replace this website, and all associated websites, URLs, and microsites. “You/Your” means You, as a user of the Site. “User” means all users of this Site. Extend Fertility, LLC owns and operates this Site, including all information, communications, articles, text, graphics, opinions, and audio or visual materials (collectively “Contents”). By using this Site, You agree to be bound by these Terms of Use.
THE CONTENTS OF THIS SITE DO NOT CONSTITUTE MEDICAL ADVICE.
THE CONTENTS OF THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE, AND ARE NOT INTENDED TO SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. THE USERS OF THIS SITE ARE ENCOURAGED, AND ARE EXPECTED, TO CONSULT WITH PHYSICIANS, MEDICAL ADVISORS, AND OTHER APPROPRIATE HEALTH CARE PRACTITIONERS REGARDING A SPECIFIC MEDICAL DIAGNOSIS OR CONDITION OR GENERAL HEALTH ISSUES.
EXTEND FERTILITY AND THIS SITE DO NOT SUGGEST OR RECOMMEND ANY PROCEDURES, PRACTICES, EQUIPMENT, OR OTHER ITEMS THAT ARE COMPONENTS OF OR RELATED TO MEDICAL PRACTICE, NOR DOES EXTEND FERTILITY RECOMMEND ANY PHYSICIANS OR OTHER MEDICAL OR HEALTH CARE PRACTITIONERS OR INSTITUTIONS. YOU SHOULD NOT DISREGARD MEDICAL ADVICE OR ATTEMPT TO FOLLOW ANY PROGRAMS OR HEALTH-RELATED SUGGESTIONS ON THIS SITE WITHOUT FIRST CONSULTING WITH YOUR PHYSICIAN. THE GENERAL INFORMATION PROVIDED HERE CANNOT BE RELIED UPON TO APPLY TO SPECIFIC CASES AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE.
You may only view and use the materials on this Site in accordance with these Terms of Use. EXTEND FERTILITY logos are trademarks and service marks of Extend Fertility, LLC. All other trademarks, service marks, and logos used in this Site are the trademarks, service marks or logos of their respective owners. The Contents are the intellectual property of Extend Fertility and/or their affiliates, or are used by Extend Fertility and their affiliates under license from the owner. You may use them for personal and noncommercial purposes only. You may not modify, distribute, sell, or otherwise disseminate the Contents.
Extend Fertility reserves the right to change or update these Terms of Use by posting such changes or updates to the Site. Amendments to these Terms of Use will be posted at this URL and will be effective when posted. It is Your responsibility to review any such changes or updates and check the Site from time to time to be sure You understand all Terms of Use, agreements and policies of the Site and are in compliance with them. You can tell if these Terms of Use have changed by checking the “last modified” date that appears at the end of these Terms of Use. Your continued use of the Site following the posting of any amendment, modification or change shall constitute Your acceptance thereof.
Your Use of the Site
1.1 You shall not use the Site for any illegal purposes, and You will use it in compliance with all applicable laws and regulations. You shall not use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient, or such that the effectiveness or functionality of the Site is in any way impaired.
1.2 You agree not to attempt any unauthorized access to any part or component of the Site. You agree that in the event that You have any right, claim, or action against any Users arising out of that User’s use of the Site, then You will pursue such right, claim, or action independently of and without recourse to Extend Fertility.
Intellectual Property Ownership and Use
2.1 You acknowledge and agree that all copyrights, trademarks, and all other intellectual property rights in all material or Content contained within and supplied by Extend Fertility as part of the Site shall remain at all times vested in Extend Fertility or in the owner of such material and Content, as the case may be. You are permitted to use and access this material and Content only as expressly authorized by Extend Fertility or the owner of the material and Content. Nothing herein shall be construed as giving You or any other person or entity any ownership rights in or to the Marks, all such rights being owned exclusively by Extend Fertility.
2.2 Extend Fertility grants You a limited, revocable, non-exclusive license to access and make personal use of the Site as Extend Fertility’s customer. However, You shall not: a) reproduce, duplicate, copy, sell, or otherwise exploit the Site or any image, page layout, page design, trade dress, trademark, logo, or other content (“Site Content”) for any commercial purpose; b) use a robot, spider, or data mining or extraction tool or process to monitor, extract, or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Site’s name or the Marks; d) engage in any activity that interferes with the Site or another User’s ability to use the Site; e) modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Site and the services offered on the Site; f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use; or g) assist others in challenging the validity of any Mark, the ownership of any Mark, or the registration of any Mark.
2.3 All materials and Content contained within the Site, including but not limited to the text, graphics, logos, button icons, images, audio clips, video clips, articles, posts, and data compilations appearing on the Site, are owned by Extend Fertility or are used by Extend Fertility with permission, and are protected by U.S. and foreign copyright or other intellectual property laws. No portion of the materials or content on these pages may be reprinted or republished in any form without the prior express written permission of Extend Fertility or of the content owner, as the case may be.
>Errors and Inaccuracies
Extend Fertility strives to provide complete, accurate, up-to-date information on the Site. Unfortunately, despite those efforts, human or technological errors may occur. The Site may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. Extend Fertility reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.
Infringement Notice
4.1 Extend Fertility respects the intellectual property rights of others and requires that its Users do the same. If You believe Your work has been used on the Site in a manner that constitutes copyright infringement, or if Your rights are otherwise infringed or violated by anything on the Site, please notify Extend Fertility by sending an e-mail to the following address: info@extendfertility.com.
4.2 In order for Extend Fertility to more effectively assist You, the notification must include ALL of the following: a) a physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; b) a description of the copyrighted work or other right You claim has been infringed or violated; c) information reasonably sufficient to locate the material in question on the Site; d) your name, address, telephone number, e-mail address, and all other information reasonably sufficient to permit Extend Fertility to contact You; e) a statement by You that You have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
Changes to Site
5.1 Other than as may be required by law, Extend Fertility reserves the right to modify or withdraw, temporarily or permanently, the Site (or any part thereof) with or without notice to You; and you confirm that Extend Fertility shall not be liable to You or any third party for any modification to withdraw or withdrawal of the Site or any portion of it.
5.2 The Site is subject to constant change. You will not be eligible for any compensation because You cannot use any part of the Site or because of a failure, suspension, or withdrawal of all or part of the Site.
External Sites and Resources
6.1 For Your convenience, the Site may contain links to the websites of third parties or You may have come to the Site using a link from another website, on which You may be able to obtain content and/or download software. Except as otherwise noted, such third-party websites, and any such content and software, are provided by companies which are not affiliated with and are independent of Extend Fertility. Extend Fertility does not endorse or make any representations or warranties concerning these third-party websites, and Extend Fertility may have not reviewed such content or software. Extend Fertility has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Extend Fertility cannot censor or edit the content of any third-party site. Therefore, Extend Fertility makes no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources, or servers, nor does Extend Fertility necessarily endorse such websites or sources.
6.2 By using the Site, You expressly release Extend Fertility from any and all liability arising from Your use of any third-party website. Accordingly, we encourage You to be aware when You leave the Site and to read the terms and conditions and privacy policy of every other website that You visit.
Disclaimers/Limitations of Liability
7.1 Extend Fertility does not give any warranties, express or implied, regarding the content of the Site. Neither Extend Fertility, nor their affiliates and subsidiaries, shall be liable for any damage including but not limited to direct, indirect, incidental, consequential, or other damages resulting from the use of or the inability to use this Site. This includes but is not limited to damages for personal injury, including death, or property damage whether the theory of liability is based on contract, tort, products liability or any other legal theory.
7.2 YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER EXTEND FERTILITY, NOR THEIR AFFILIATED COMPANIES, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (COLLECTIVELY THE “EXTEND FERTILITY PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
7.3 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE EXTEND FERTILITY PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL THE EXTEND FERTILITY PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
7.4 IN ADDITION TO THE TERMS SET FORTH ABOVE, THE EXTEND FERTILITY PARTIES SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE EXTEND FERTILITY PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00).
7.5 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES OR WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, Extend Fertility’s liability is limited to the greatest extent permitted by law. You should check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Indemnification
You agree to indemnify and hold harmless Extend Fertility and their affiliates, officers, directors, employees, agents, and subcontractors from any lawsuits, judgments, liabilities, claims, or demands (including costs, expenses, court costs, and reasonable attorneys’ fees) resulting from Your use of this Site or the use by any third party of the contents of this Site arising out of Your use of this Site.
Notice for California Users
Under California Civil Code Section 1789.3, California Site Users are entitled to know that they may file grievances and complaints with:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800)952-5210 FREE, or by email at dcs@dca.ca.gov.
Miscellaneous
10.1 It is our and Your intent that these Terms of Use constitute a binding and enforceable agreement between us. Therefore, You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, You affirm that You are over the age of 13, as the Site is not intended for children under 13. If You are under 13 years of age, then please do not use the Site without the consent of Your parent or guardian.
10.2 If any term, clause, or provision of these Terms of Use shall be deemed invalid or unenforceable for any reason, the remainder of this Agreement shall remain valid and enforceable in accordance with its terms.
10.3 These Terms of Use and Privacy, and any other terms or agreements that may be posted on the Site (as may be amended from time to time) (“Site Agreements”) contain the entire agreement between You and Extend Fertility relating to the Site and Your use of the Site and supersede any previous agreements, arrangements, undertakings, or proposals, written or oral, between You and Extend Fertility in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Site Agreements. You confirm that, in agreeing to accept these Site Agreements, You have not relied on any representation except insofar as the same has expressly been made a representation in these Site Agreements, and You agree that You shall have no remedy in respect to any misrepresentation which has not become a term of these Site Agreements. These Site Agreements will be exclusively governed by and construed in accordance with the laws of the State of Delaware, and the courts located in the County of New Castle Delaware will have exclusive jurisdiction in any dispute, except that Extend Fertility has the right, at Extend Fertility’s sole discretion, to commence and pursue proceedings in alternative jurisdictions. You agree that any and all disputes, claims and causes of action arising out of or connected with these Terms of Use, the Site, or any Site Agreements shall be resolved individually, without resort to any form of class action. YOU AND EXTEND FERTILITY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
10.4 These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Extend Fertility without restriction.
Contact Information
You may send Extend Fertility notices or communicate with Extend Fertility by e-mail at info@extendfertility.com. If You do not receive a response from Extend Fertility to any emails You sent to Extend Fertility within 7 business days, please send Extend Fertility another e-mail, as Your original e-mail may not have been received.
LAST MODIFIED: January 28, 2016