Last updated on April 8th, 2024

Acceptance of Terms

Thank you for visiting  fertilitecenter.com.  These Terms of Use constitute a legally binding agreement made between Fertilite Center. (“we,” “us,” or “our”) and medical professionals, patients, vendors, merchants, advertisers, and other individuals (“you” or “your”) concerning your access to and use of our multimedia medical eLearning platform and services.  Our website and related pages on social networking sites (collectively, “Website”) provides various features, tools, content, materials, documents, information, products, and services offered or available in connection with the Website (“Services”). By accessing and using the Website or Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use.  

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE WEBSITE OR USING OUR SERVICES.  IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT USE THE WEBSITE OR SERVICES. In consideration of your accessing the Website, you acknowledge the importance of protecting the integrity of the Services for all users of the Fertilite Center platform and you expressly agree to be bound by these Terms of Use and the Privacy Policy and you further agree to follow any additional rules, requirements, practices, and guidelines that are posted on the Website from time to time.   

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or Services at any time and for any reason without notice to you.  Any changes or modifications will be effective immediately upon posting the revised Terms of Use on the Website and you waive any right you may have to receive a specific notice of each such change or modification.  Your continued use of the Website or Services after such posting means you accept and agree to be bound by the modified Terms of Use. You are encouraged to periodically review these Terms of Use to stay informed of updates.  

Healthcare Disclaimer  

The Website and Services are provided for informational and educational purposes only and made in good faith and should not be relied on as the sole basis for making decisions.  Medical information about surgical and non-surgical procedures, treatments, testing, and classifications is constantly evolving and subject to further change as more information becomes available. You are responsible for making independent determinations about the information you receive on the Website or by using the Services and reliance on any such information provided is solely at your own risk and does not ensure a successful medical outcome.  We do not provide medical advice, diagnosis, or treatment and we do not make medical referrals. By accessing the Website, you acknowledge that no representation made by us is an examination, diagnosis, or prescription by a person licensed to practice medicine.  If you have a medical complaint or suspect a medical problem, we strongly urge you to consult a physician or appropriately licensed health care practitioner. Always seek the advice of a physician before undertaking a new health care regimen. No warranty, representation, or guarantee is being made that any medical information provided via the Website and/or any of the Services are accurate, complete, exhaustive, reliable, current, appropriate, useful, or fit for a particular purpose.  No liability or responsibility will be assumed by us for the accuracy, completeness, or usefulness of any medical information disclosed via the Website and we have no obligation to you for your use or reliance on the same, including no liability for subsequent damage or loss resulting from use of or reliance on any medical information or the Services.

Right to Use Website

The Website and Services are intended for users of all ages; however, only adults are allowed to create an account on the Website. If you are under the age of 13, you are not allowed to use the Services or create an account without prior verifiable consent from your parent or legal guardian (“Parental Consent”).  Any use of the Website or Services that does not comply with these Terms of Use may result in, among other things, termination or suspension of your rights to use the Services. Subject to full compliance with these Terms of Use, we grant you a limited, nonexclusive, nontransferable, nonassignable, revocable right to access and use the Website and Services for your general informational use only, provided that you agree NOT to: (i) Download any portion of the Website or Services, except as expressly permitted by us; (ii) republish, incorporate, or otherwise use the Website or reproduce, distribute, publicly perform, or publicly display any Services without our express written consent; (iii) use data mining, scraping, or other data gathering or extraction methods on the Website; (iv) modify or otherwise make any derivative use of the Website or Services; (v) resell or use the Website for commercial use without our express written consent; (vi) use the Website or Services to gain advertising or subscription revenue; (vii) sell advertising on our Website or any other website that is targeted to any of our Services; (viii) use the Website or Services in any way that we find, in our sole discretion, competes with or displaces the market for the Website or Services; (ix) use the Website or Services in any way that violates any applicable federal, state, local or international law; (x) use the Website to engage in any conduct that harasses, intimidates, bullies, or otherwise restricts or inhibits the use or enjoyment of the Website or Services by any other user, or which we find, in our sole discretion, harms us or users of the Website; (xi) introduce any virus, Trojan horse, worm, or other malicious technology to the Website, or launch any kind of denial-of-service attack on the Website, or otherwise attempt to interfere with the proper operation of the Website; (xii) create compilations or derivative works from the Services; (xiii) use the Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third party; (xiv) remove, change or obscure any copyright notice or other proprietary notice contained in the Website; (xv) remove, decompile, disassemble, or reverse engineer any software used in connection with the Website or Services or use any network monitoring or discovery software to determine the Website architecture; (xvi) use the Website to gather data and transmit unsolicited commercial email or unsolicited telephone calls or facsimile transmissions; (xvii) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws of the United States; or (xviii) provide us with false information about yourself, your practice, or your business in any portion of the Website or create a false identity or fictitious business entity.  Any use of the Website or Services other than as specifically authorized in these Terms of Use is strictly prohibited and will terminate the permissions granted to use the Website and Services. In addition, we reserve the right to refuse to grant access to or use of the Website or Services to any person for any reason at any time.

Payment for Services

We reserve the right to refuse any payment placed through the Website.  You are responsible for payment of the Services by means of a payment option made available through the Website at the time of making your payment.  We use third party providers and may accept various third-party services to process payments. All payments shall be in U.S. dollars. You agree to pay the amount shown on the Website and you authorize us to charge the chosen payment provider.  ALL PAYMENTS ARE FINAL. THERE WILL BE NO REFUNDS.

Our Intellectual Property Rights

The Website and Services, which include without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, forms, checklists, documents, and the like, as well as their selection and arrangement, are owned by us. The Website and Services are subject to copyright, trademark, and other intellectual property rights. We will protect all copyrights in the Website and Services to the fullest extent allowed under law.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes to the Website or the Services without our written permission.

The Website and Services include both registered and unregistered trademarks, service marks, logos, slogans, and designs that are our property and subject to and protected by the copyright, trademark, and intellectual property laws of the United States and may not be copied, imitated, or used by you.  In addition, the look and feel of the Website is our service mark, trademark and/or trade dress and may not be copied, imitated or used by you. All other trademarks, service marks, product names, and company names or logos mentioned in the Website or used in connection with the Services are the property of their respective owners.  Reference to any products, services, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. You may browse the Website, download and print content if you keep intact all copyright, proprietary statements and trademark notices. No reproduction of any part of the Website or Services may be distributed for commercial gain nor shall either the Website or Services be sold, modified or incorporated into any other work, publication, or website.

Submissions

You acknowledge and agree that any feedback, comments, questions, suggestions, ideas, responses on quizzes, or other communications or materials (collectively, “Submissions”) regarding the Website or Services provided by you to us will become our sole property.  We will own exclusive rights, including all intellectual property rights, and we will be entitled to the unrestricted use and dissemination of all Submissions for any lawful purpose without acknowledgment to you or payment of any compensation. You hereby waive your moral rights to any Submissions and you hereby warrant that any Submission is original with you or that you have the legal right to make the Submission.  You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We are under no obligation to use any Submission.

User Content

The Website includes Services in which you may be able to create, post, share, or store content, messages, materials, data, text, and graphics within the Website (“User Content”).  User Content you create, post, share, or store in interactive public areas of the Website will be viewable by other users of the Website and Services and through third party websites.  You should only provide User Content in public forums that you are comfortable sharing with others under these Terms of Use. Your User Content belongs to you, subject to our rights as outlined below and you warrant your legal right to provide any User Content to the Website.  You give us an irrevocable and non-exclusive license to use, reproduce, publish, distribute, modify, destroy, or otherwise use your User Content, including copies thereof, for the purposes of the Website. You agree to waive all moral rights in your User Content, and you warrant that you have not otherwise asserted moral rights to your User Content.  

You are solely responsible for your use of the Services, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Website any of the following: (i) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive inflammatory, fraudulent, deceptive or misleading; (ii) User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law; (iii) User Content that may infringe any patent, trademark trade secret, copyright or other intellectual or proprietary right of any party; (iv) unsolicited promotions, advertising, or solicitations; (v) private information of any third party, including, but not limited to, medical record information, email addresses, Social Security numbers, credit cardholder data; or (vi) User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the interactive areas of the Site, or which may expose us to any harm or liability of any type.

We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter on the Website.  Your use of the Website and Services is at your own risk. Enforcement of the User Content or conduct rules set forth in these Terms of Use is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Website or Services will not contain any content that is prohibited by such rules.  As a provider of Services, we are not liable for any statements, representations, or User Content provided by users in any public forum or interactive area of the Website. Any use of the Website or Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Website and Services. We have no obligation to monitor User Content and we reserve the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or to edit, refuse to post, or remove any information or content in our sole discretion.  WE DO NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY USER CONTENT AND THE VIEWS AND OPINIONS EXPRESSED BY USERS OF THE WEBSITE AND SERVICES DO NOT NECESSARILY STATE OR REFLECT OUR VIEWS; THEREFORE, WE SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO USER CONTENT.  

Digital Millennium Copyright Act (DMCA) Notice and Policy

We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to remove any infringing material from the Website.  We have adopted a policy of terminating users of the Website or Online Services who are deemed to be repeat copyright infringers. You should be aware of and comply with applicable copyright laws.  

Notifications.  If you believe that any content available on or through the Website infringes upon any copyright you own or control, please immediately notify us by email (“Notification”) to webmaster@fertilitecenter.com, providing the information described below, which Notification must meet the requirements of a proper takedown notice pursuant to DMCA 17 U.S.C. § 512(c)(3).  A copy of your Notification will be sent to the person who posted or stored the content addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Website infringes on any copyright you own or control, you should consider first contacting an attorney. We have a policy of terminating repeat infringers in appropriate circumstances.  All Notifications should include the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by the Notification, a representative list of such works at the Website; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi)  a statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter Notification.  We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this content. If you believe your own copyrighted content has been removed from the Website or Services as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to webmaster@fertilitecenter.com pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (a) Identification of the content that has been removed or disabled and the location at which the content appeared before it was removed or disabled; (b) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the U.S., for any judicial district in which we are located; (c) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (d) your name, address and telephone number; (e) a statement under penalty of perjury that you have a good faith belief the content in question was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled; and (f) your signature.  If you send us a valid, written Counter Notification, we will restore your removed or disabled content after ten (10) business days but no later than fourteen (14) business days from the date we receive your Counter Notification, unless we first receive notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the content in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages. Filing a false Counter Notification constitutes perjury.

Links

You may not use our logo or any other proprietary graphic to link to the Website or Services; however, we permit text links to content on our Website, provided: (i) the purpose of the link is not to damage the reputation of the Website, its representatives, or users; (ii) the appearance of the link does not imply any association with us or the Website that does not exist; and (iii) when accessed, the link must open in full-screen, and not as a frame on the linked website.  Third party websites are not under our control and we are not responsible for the quality, content, nature, or reliability of third-party websites accessible by link from our Website or websites linking to our Website. We may provide links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any website. By using the Website or Services, you expressly relieve us from any liability arising from your use of third-party websites.  When you leave the Website, you should be aware that our terms and policies will no longer apply. 

Advertisers

We may accept advertisers and sponsors to display their advertisements and other information in certain areas of the Website such as, but not limited to, sidebar advertisements or banner advertisements. If you are an advertiser, you take full responsibility for any advertisements you place, and any services you provide or products you sell through those advertisements. We simply provide the space to place such advertisement and we have no other relationship with advertisers or sponsors.  Advertisers represent and warrant they possess all rights and authority to place advertisements on the Website including, but not limited to, intellectual property rights, publicity rights and contractual rights. Advertisers agree that such advertisements are subject to our DMCA policy and take-down provisions found therein. Advertisers agree that there shall be no refund or other compensation for DMCA takedown related issues.

Disclaimer

THE WEBSITE AND SERVICES ARE NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR MEDICAL PROFESSIONAL.  THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES OFFERED OR AVAILABLE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AS TO THE ACCURACY OR RELIABILITY OF THE SERVICES ACCESSED THROUGH THE WEBSITE, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE OR ERROR-FREE.  WE EXPRESSLY DISCLAIM LIABILITY FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, TECHNICAL FAILURES, INCOMPLETE, SCRAMBLED OR DELAYED TRANSMISSIONS OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE OR OTHER HARMFUL COMPONENTS. AVAILABILITY OF SERVICES AND OTHER CONTENT ON THE WEBSITE OR ACCESSIBLE THEREFROM IS SUBJECT TO CHANGE WITHOUT NOTICE. USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK.

Limitation of Liability  

IN NO EVENT WILL WE OR OUR EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US OR THAT MAY RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

As a user of the Website and Services, you agree to defend, indemnify, and hold us harmless, including our employees, contractors and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees), which arise from: (i) Your use of and access to the Website or Services; (ii) your violation of these Terms of Use; (iii) your violation of the rights of a third party due to or arising out of content you submit, post, transmit or make available through the Website or Services; or (iv) any act or omission by you related to the Website or Services. Additionally, if you are an advertiser, you further agree and warrant that you will defend, indemnify, and hold us harmless, including our employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees) that arise from: (a) Your advertisements or any other information you provide or display on the Website; (b) your violation of these Terms of Use; (c) your violation of the rights of a third party, including but not limited to intellectual property rights; (d) any claims that your services or business caused damage to a third party; and (e) any false information disseminated through advertisements or any other information you provide or display on the Website.  If you are an advertiser, you further agree that your obligation to defend, indemnify, and hold us harmless will survive termination or failure of these Terms of Use and your use of the Website.  

Privacy

Protecting privacy of information is an important priority for us.  Refer to our Website Privacy Policy to learn how we use, and disclose information collected via the Website.  Please be advised the Website and Services are hosted in the United States. We do not knowingly accept, request, or solicit information from children or knowingly market to children.  Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us, we will delete that information as quickly as is reasonably practical.

Promotional Messages

By accessing or visiting the Website or otherwise using the Services, you agree that we may collect, use, and disclose certain information about you.  We may use this information to contact you using various electronic communication methods for a variety of purposes, such as to inform you of additional features of the Website or Services and for purposes of informing you of any related products or services that may be offered at our office (any such contact is hereafter referred to as “Promotional Messages”).  You agree that any Promotional Messages we may transmit to you electronically will satisfy any legal communication requirements, including that such communication be in writing. Please be aware that text and/or data rates may apply to Promotional Messages you may receive via your mobile device, depending on the data plan you have with your mobile service provider. We have no intention of spamming you with unwanted messages and you may opt out of Promotional Messages at any time by following the unsubscribe instructions included in each email.  Please see our privacy policy for further information on how we manage your information.

Interruptions, Modifications, and Termination 

We cannot guarantee the Website and Services will be available at all times.  We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors.  Although we strive to provide accurate information on the Website, certain Services may be subject to change and may not be accurate, complete or current. We are not responsible if information on the Website or related to the Services is inaccurate, incomplete, or out-of-date.  You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or Services during any downtime or discontinuance of the Website or Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or Services and we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or Services.  We may block, deny, terminate, suspend, or limit your access to or use of the Website or Services in our sole discretion, at any time or for any reason and without notice or liability. We have no responsibility or obligation to maintain the Services on the Website or to supply any corrections, updates, or releases in connection therewith.

Governing Law and Dispute Resolution

These Terms of Use and your use of the Website and Services are governed by and construed in accordance with the laws of the state of California applicable to agreements made and performed within the state of California, without resort to its conflict of law principles.  

General Provisions

These Terms of Use and any policies or operating rules posted by us in the Website or in respect to the Services constitute the entire agreement and understanding between you and us.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.  We may assign any or all of our rights and obligations to others at any time. If any provision of these Terms of Use is unlawful, void, or unenforceable, that provision is deemed stricken and does not affect the validity and enforceability of any remaining provisions of these Terms of Use. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of and the lack of signing by the parties to execute these Terms of Use.

Contact Us

If you have any questions, comments, or want to report a violation regarding these Terms of Use, please send us an email to: webmaster@fertilitecenter.com.