Terms of Use

Terms of Use

READ CAREFULLY:   Please read the following Terms of Use before using our website(s) located at http://www.santamonicafertility.com and www.santamonicafertility.hk (collectively, the “Sites”).  The Sites are the property of Santa Monica Fertility (“Company”).  Use of the Sites constitutes your acceptance of these terms of use and the copyright statements contained herein (collectively, “Terms of Use”). If you do not accept these Terms of Use, do not use the Sites.

Changes to Terms of Use
The Company reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use without notice, and any modifications are effective immediately when written here. It is your responsibility to check these Terms of Use each time before using the Sites. Your continued use of the Sites following the posting of changes will mean that you accept and agree to all changes. You agree that all subsequent visits by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post modified Terms of Use, and thereafter in accordance with such modified Terms of Use.

Use of Sites
As long as you comply with these Terms of Use and any modifications, the Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Sites.  Notwithstanding the foregoing, however, the Company reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information or otherwise using services made available at the Sites in the Company’s sole and absolute discretion.  The Company may, at any time, terminate your access to the Sites. Access to the Sites may be monitored by the Company. If you are accessing the Sites as a representative of an organization, these Terms of Use bind you and your organization. The references to “you” and “your” shall be construed to apply to you individually and the organization.

Use & Disclosure of Your Personal Information
You may be required to disclose certain personally identifiable information to use portions of the Sites. Accordingly, you represent that you have first read these Terms of Use and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as subject to the terms of our Privacy Policy.  Please refer to our Privacy Policy for more information which is incorporated herein by this reference.

Consent To Our Communication With You By E-Mail
By supplying your email to us on the Sites, you grant permission for the Company and its affiliates to contact you at your e-mail address. To stop receiving our marketing emails, please follow the opt-out procedures set forth in such marketing emails.

Modifications to Prices or Billing Terms
Prices stated on the Sites are for illustrative purposes only.  The Company and its affiliates shall have the right to refuse or cancel any requests for services listed at an incorrect price, rebate or refund, or containing any other incorrect information or errors. THE COMPANY AND ITS AFFILIATES RESERVE THE RIGHT, AT ANY TIME, TO CHANGE THEIR PRICES AND BILLING METHODS FOR PRODUCTS SOLD OR SERVICES RENDERED, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL OR OTHER WRITTEN MEANS OF DELIVERY.

Website Information and Copyrighted Materials
While the Company maintains copyright protection of all materials, information, publications, media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content it places on the Sites (collectively, “website information”), the Company consents to downloading, copying and distribution of such website information for non-commercial purposes by you only. Website information also includes, but is not limited to, the design, selection, arrangement, and coordination of materials on the Sites which are owned or licensed by or to the Company, all of which are protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. In consideration of this consent, you agree that copies of the website information will retain all copyright and other proprietary notices, and that you will not modify the website information in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any website information, in whole or in part, without the prior written consent of the Company.

Use of the Sites and Website Information
As a condition of your use of the Sites, you will not use the Sites or the website information for any purpose that is unlawful or prohibited by these Terms of Use. You will not use the Sites in any manner that could damage, disable, overload or impair the operation of the Sites, the Company or its affiliates.

Certain information available on the Sites is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, photographs, graphics, video, messages, or other mediums, are the sole responsibility of the originating party, and that neither the Company nor its affiliates have any responsibility for such content and do not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a web link to another party’s website an endorsement of such other party, their products or services.

You may not use any of the Company’s or its affiliates’ proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to:  (1) imply affiliation with or endorsement or sponsorship by the Company or its affiliates; (2) cause puffery, malice, or deception; (3) dilute the Company’s or its affiliates’ trademarks, service marks or trade names; or (4) otherwise violate applicable laws or regulations.

The Company makes no representations or promises to develop, provide or make available any services or products discussed on the Sites or accept any particular patient(s), and you shall not rely on the information provided or the prospect of availability of any services or products currently under consideration or medical evaluation, or anticipated to be made available in the future.

Indemnification
You agree to and shall indemnify and hold harmless the Company and its affiliates, service providers, other end users, members, managers, officers, directors and employees (collectively, the “Indemnified Parties”) from any loss, damage, claim, demand or other liability, including reasonable attorneys’ fees, that is sustained or otherwise suffered by any of the Indemnified Parties and which arises out of or relates to your violation of these Terms of Use, or your violation of any law, regulation or third-party rights.

Information You Provide to Us; Other Covenants
You agree that you are solely responsible for the accuracy and content of the information you supply and for the accuracy and content of any modifications you make to any material you provide to us in connection with the Sites.  You agree not to supply any information that you do not have the legal right to supply to us or that otherwise infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal.  You also agree: (1) not to alter or remove any of the information or content on the Sites; (2) not to upload, attach or otherwise distribute on or through the Sites any malicious or harmful computer code or files or links to malicious or harmful computer code or files; (3) not to use the Sites in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to any other users of the Sites, the Sites themselves or the Company or its affiliates, service providers, other end users, members, managers, officers, directors or employees; (4) not to disguise the origin of information transmitted to, from or through the Sites; (5) not to circumvent any measures implemented by us aimed at preventing violations of these Terms of Use; and (6) that you shall comply with all applicable laws and regulations regarding your access to and use of the Sites.

Limitation of Liability
NOTWITHSTANDING ANY OTHER PROVISION HEREIN TO THE CONTRARY, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATED COMPANIES, OR THEIR RESPECTIVE MANAGERS, MEMBERS, EMPLOYEES, OFFICERS OR DIRECTORS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE PUBLICATION, DELIVERY OR USE OF THE INFORMATION AVAILABLE THROUGH THE SITES. NONE OF OUR EMPLOYEES, AGENTS OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE.

Consumer Rights Information; California Civil Code Section 1789.3
This notice is for users of the Sites residing in the State of California. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

Santa Monica Fertility
Attn: Consumer Complaints Administrator
2825 Santa Monica Blvd #100,
Santa Monica, CA 90404
Telephone Number: 310-907-7501
Email: info@santamonicafertility.com

Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

Miscellaneous
These Terms of Use constitute the entire agreement between you and the Company concerning the matters covered herein. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way limits any section or provision herein. These Terms of Use are not assignable by you except with our prior written consent. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. In addition to any excuse provided by applicable law, the Company shall be excused from liability for non-delivery or delay in delivery of products and service available through our Sites arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. These Terms of Use shall be governed and construed in accordance with the laws of the State of California, USA, without regard for conflict of law principles from any other jurisdiction. Any action in connection with this Sites and/or these Terms of Use shall be brought only in state or federal court located in Los Angeles, California, USA and you shall submit to the exclusive jurisdiction of the courts of the State of California.

TERMS OF USE LAST MODIFIED ON 6/8/15

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