1. BINDING EFFECT. This is a binding agreement. By using the website located at https://www.beverlyfertility.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Beverly Hills Fertility from time to time in its sole discretion. Beverly Hills Fertility will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
  2. NO MEDICAL ADVICE. The contents of the Site are for informational purposes only and are NOT a substitute for professional medical advice, diagnosis, treatment or substitute for a formal medical consultation. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. We cannot provide specific advice or opinions regarding your diagnosis, treatment, or specific protocols or prescribing information on the Site. You should always consult your physician regarding the specifics of your case. Nothing contained in this Site, including the questions and answers posted, is intended to be medical advice, diagnosis or treatment. Reliance on any information provided by Beverly Hills Fertility is solely at your own risk. The Site may contain health- or medical-related materials which you may find to be sexually explicit or otherwise offensive. No representation or warranty is made, either expressly or tacitly, for the accuracy, completeness, usefulness, timeliness, reliability, or adequacy of any resources, information, apparatus, product, or process available at or from this Site.
    Any transmission of information from this Site to you is not intended to create nor does it create a physician-patient relationship between you and Beverly Hills Fertility or any Beverly Hills Fertility physician.
  3. PRIVACY POLICY. Beverly Hills Fertility respects your privacy and permits you to control the treatment of your personal information. A complete statement of Beverly Hills Fertility’s current privacy policy can be found by clicking here. Beverly Hills Fertility’s privacy policy is expressly incorporated into these Terms of Use by this reference.
  4. ACCOUNTS & PASSWORDS. In the event you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Beverly Hills Fertility immediately on any unauthorized use of your account, user name, or password.
    Beverly Hills Fertility shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Beverly Hills Fertility, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
  5. USER CONTENT. You grant Beverly Hills Fertility a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Beverly Hills Fertility, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Beverly Hills Fertility, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Beverly Hills Fertility may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
  6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your user name or account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
  7. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
    1. is libelous, defamatory, obscene, pornographic, abusive, or threatening;
    2. advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
    3. advertises or otherwise solicits funds or is a solicitation for goods or services. Beverly Hills Fertility reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Beverly Hills Fertility intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
  8. COPYRIGHT INFRINGEMENT. Beverly Hills Fertility has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Beverly Hills Fertility has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Beverly Hills Fertility or of a third party, or otherwise violated any intellectual property laws or regulations. Beverly Hills Fertility’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Beverly Hills Fertility to delete, edit, or disable the material in question, you must provide Beverly Hills Fertility with all of the following information:
    1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
    2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    3. identification of the material that is claimed to be infringed 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 Beverly Hills Fertility to locate the material;
    4. information reasonably sufficient to permit Beverly Hills Fertility to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
    5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Beverly Hills Fertility’s designated agent at:
      1. Address: Beverly Hills Fertility, 10390 Santa Monica Blvd. Suite 340 Los Angeles, CA 90025, Attn: Sammi Kwok
      2. Email: sammi@beverlyfertility.com
      3. Phone: 310-855-3688
      4. Fax: 323-985-7700
  9. USE OF CONTENT. You should assume that everything you see or read on the Site, including but not limited to all designs, text, graphics and files and the selection and arrangement thereof, is protected by copyright under United States and foreign laws, unless otherwise noted, and may not be used without the express written permission of Beverly Hills Fertility, except as provided in these Terms of Use or in the text on the Site. Beverly Hills Fertility neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties who are not owned by or affiliated with Beverly Hills Fertility. You may download material displayed on the Site for non-commercial personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the Content of the Site for public or commercial purposes, including the text, images, audio, and video, without Beverly Hills Fertility’s prior written permission. Images of people or places displayed on the Site are either the property of, or used with permission by, Beverly Hills Fertility. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively the “Trademark(s)”) displayed on the Site (including Beverly Hills Fertility) are registered and unregistered Trademark(s) of Beverly Hills Fertility or others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) displayed on the Site without the written permission of Beverly Hills Fertility or such third party that may own the Trademark(s) displayed on the Site. Your misuse of the Trademark(s) displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited.
  10. ALLEGED VIOLATIONS. Beverly Hills Fertility reserves the right to terminate your use of the Service and/or the Site. To ensure that Beverly Hills Fertility provides a high quality experience for you and for other users of the Site and the Service, you agree that Beverly Hills Fertility or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Beverly Hills Fertility does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Beverly Hills Fertility reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Beverly Hills Fertility believes that you have violated any of the Terms of Use, furnished Beverly Hills Fertility with false or misleading information, or interfered with use of the Site or the Service by others.
  11. NO WARRANTIES. Beverly Hills Fertility hereby disclaims all warranties. Beverly Hills Fertility is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, Beverly Hills Fertility expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Beverly Hills Fertility does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free. Beverly Hills Fertility makes no representations or warranties regarding the accuracy, reliability, completeness (including errors or omissions), currentness or timeliness of the content, text, graphics, links or communications provided on or through use of the site.
  12. LIMITED LIABILITY. Beverly Hills Fertility’s liability to you is limited. To the maximum extent permitted by law, in no event shall Beverly Hills Fertility be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by Beverly Hills Fertility. Beverly Hills Fertility shall be liable only to the extent of actual damages incurred by you, not to exceed us$1,000. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
  13. AFFILIATED SITES. Beverly Hills Fertility has no control over, and no liability for any third party websites or materials. Beverly Hills Fertility works with a number of partners and affiliates whose websites may be linked with the Site. Because neither Beverly Hills Fertility nor the Site has control over the content and performance of these partner and affiliate sites, Beverly Hills Fertility makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Beverly Hills Fertility assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Beverly Hills Fertility makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
  14. PROHIBITED USES. Beverly Hills Fertility imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Beverly Hills Fertility in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
  15. INDEMNITY. You agree to indemnify Beverly Hills Fertility for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Beverly Hills Fertility, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Beverly Hills Fertility will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  16. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Any unresolved controversy or claim arising out of or relating to these Terms of Use, except as (i) otherwise provided in these Terms of Use, or (ii) any such controversies or claims arising out of either your or Beverly Hills Fertility’s intellectual property rights for which a provisional remedy or equitable relief is sought, shall be submitted to arbitration by one arbitrator mutually agreed upon by the parties, and if no agreement can be reached within 30 days after names of potential arbitrators have been proposed by the American Arbitration Association (the “AAA”), then by one arbitrator who is chosen by the AAA. The arbitration shall take place in Los Angeles County, California, in accordance with the AAA rules then in effect, and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having jurisdiction thereof. There shall be limited discovery prior to the arbitration hearing as follows:
    1. exchange of witness lists and copies of documentary evidence and documents relating to or arising out of the issues to be arbitrated,
    2. depositions of all party witnesses, and
    3. such other depositions as may be allowed by the arbitrators upon a showing of good cause.

    Depositions shall be conducted in accordance with the California Code of Civil Procedure, the arbitrator shall be required to provide in writing to the parties the basis for the award or order of such arbitrator, and a court reporter shall record all hearings, with such record constituting the official transcript of such proceedings. You and Beverly Hills Fertility each consent to personal jurisdiction for any equitable action sought in the federal or state courts located in Los Angeles County, California.

  17. CLASS ACTION WAIVER. Any proceedings or arbitration to resolve any dispute in any forum will be conducted solely on an individual basis. Neither you nor Beverly Hills Fertility will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
  18. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and consented to by an authorized representative of the waiving party.
  19. CALIFORNIA USE ONLY. The Site is controlled and operated by Beverly Hills Fertility from its offices in the State of California. Beverly Hills Fertility makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Beverly Hills Fertility’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
  20. MODIFICATIONS. Beverly Hills Fertility may, in its sole discretion and without prior notice
    1. revise these Terms of Use;
    2. modify the Site and/or the Service; and
    3. discontinue the Site and/or Service at any time. Beverly Hills Fertility shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting.

    You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.