MATE FERTILITY WEBSITE TERMS AND CONDITIONS OF USE

Access to and use of the Mate Fertility website is provided subject to the following terms and conditions (“Terms and Conditions of Use”).

1. Your Use of this Website is Governed by These Terms and Conditions of Use

Please read these Terms and Conditions of Use carefully.  By using this website, you are indicating that you agree to be bound by these Terms and Conditions of Use.  If you do not agree to any term or condition, you should not access or otherwise use this website.  You may print and keep a copy of this agreement.

2. These Terms and Conditions of Use May Change

Mate Fertility reserves the right to change and modify these Terms and Conditions of Use, and/or withdraw the information and/or products and services in this website, at any time without notice, effective upon posting.  If we do make any changes, we will update this document accordingly.  It is your responsibility to access this document whenever you visit this website to determine if there have been any changes to these Terms and Conditions of Use.  By using this website, you will be indicating that you agree to be bound by the changes.  If you do not agree to be bound by the changes, do not use this website.

3. Intellectual Property Rights

The content on the website, except for all content created by users, including without limitation, the trademarks, service marks, logos, or other proprietary information, such as images, text, page layout, or form, contained therein, is owned by or licensed to Mate Fertility, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  The content on the website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  Mate Fertility reserves all rights not expressly granted in and to the website and the materials on this website.  You agree to not engage in the use, copying, or distribution of any of the materials on this website other than expressly permitted by Mate Fertility, including any use, copying, or distribution of third parties’ materials obtained through the website for any commercial purposes.  If you download or print a copy of the materials on this website for personal use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any materials on this website or enforce limitations on use of the website or the materials therein. You may not use any meta tags or any other “hidden text” utilizing Mate Fertility’s name or trademarks without the express written consent of Mate Fertility. You may not misuse the website or services on this website. You may use the website and services only as permitted by law. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content or other proprietary information (including; images, text, page layout, or form) of Mate Fertility without our express written consent.

4. Usage Restrictions

Material from this website is owned, maintained, operated, licensed or controlled by Mate Fertility.  Modification or use of the materials for any other purpose violates intellectual property rights.  Except as described otherwise, all materials in this website are made available only to provide information.  Use of this website is prohibited where such use is in violation of the laws of the State of California or the United States of America, or in violation of local laws.  The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this website; and (iii) conducting fraudulent activities on or in relation to this website.

5. Indemnification

You agree to indemnify, defend and hold harmless Mate Fertility, its officers, directors, employees, affiliates, agents, licensors, suppliers and any third party information providers to Mate Fertility from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions of Use by you.

6. Links

This website may be linked to other third party websites which are not controlled by Mate Fertility.  Mate Fertility is not responsible for the content of those websites.  Inclusion of a link to a third party website does not imply or constitute an endorsement by Mate Fertility.  All such third party websites are wholly independent from this website and from Mate Fertility, and Mate Fertility has no control or power over such websites including their content.  The views, opinions, statements, offers or other information or content expressed in such websites are those of the respective author(s) or distributor(s) and not Mate Fertility.  If you visit any of the linked websites, we urge you to review their respective terms and conditions of use, as well as their policies on privacy and security.  Mention of and links to third party companies and products are for informational purposes only and constitute neither an endorsement nor a recommendation and are not intended to suggest any affiliation unless expressly stated.

THE RELIABILITY, AVAILABILITY, LEGALITY, PERFORMANCE AND OTHER ASPECTS OF RESOURCES ON THIRD PARTY WEBSITES OTHER THAN THOSE CREATED BY MATE FERTILITY OR ITS AFFILIATES OR AGENTS IS BEYOND THE CONTROL OF MATE FERTILITY, AND MATE FERTILITY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH WEBSITES.

7. Digital Millennium Copyright Act (“DMCA”) Notice

The Digital Millennium Copyright Act of 1998 provides protection to copyright owners and establishes recourse against copyright infringement.  It is our policy not to permit materials known by us to be infringing to remain on this website.  If you believe that material on our website infringes a third-party copyright, you may send Mate Fertility a notice of copyright infringement under the DMCA.  Upon receipt of a proper notice of claimed infringement, we will respond promptly by removing or disabling access to the material claimed to be infringing that is in our direct control.  Please send all notices in writing to: [email address]; or, alternatively, to: [Mate Fertility, Attn: DMCA, Address, City, State, Zip Code]

8. Personally Identifiable Information

Personally Identifiable Information (“PII”) is information that identifies you or could reasonably be used to identify you personally (such as your name, address, phone number, or email address).  We may also ask you to provide us with certain PII in connection with the use of this website and the services provided by Mate Fertility.

No data transmission over the Internet or any wireless network can be guaranteed to be secure.  As a result, while we try to protect your PII, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.  We are not liable for the illegal acts of any third party.

By providing your PII to Mate Fertility and by accepting these Terms and Conditions of Use, you are agreeing to receive communications by Mate Fertility or on behalf of Mate Fertility relating to the website and services, including but not limited to service related informational, educational, and marketing communications.

9. Non-Personally Identifiable Information

When your computer contacts our web servers (for example, when you visit this website, or view an HTML email), our web servers automatically collect website usage information.  Website usage information is non-identifying information that describes how our visitors use and navigate our website.  It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our website, and IP addresses (see below for more information on IP addresses).  We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, email or similar service.  This information is used to analyze and improve this website and customer experience.

10. Cookies

Like many websites, we use “cookies.”  Cookies are pieces of information that our website either transfers to your computer’s hard drive or stores temporarily in your computer’s memory for record-keeping purposes.  We may use cookies for a number of purposes, including but not limited to tracking browsing activity information in order to improve the quality of our services, such as the best method and time to contact you.  We may use and disclose your browsing activity information to the extent permitted by these Terms and Conditions of Use or by law.  Other examples of the ways we use your browsing activity include: marketing development, tracking data and resources accessed on our website, updating and servicing our website, and tracking the identity of the website you visited immediately prior to vising this website.  Most browsers accept cookies automatically.  You can reset your browser to refuse all cookies or to indicate when cookies are being sent.  However, we recommend that you leave cookies “turned on” so that we can offer you a better experience on this website.  If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this website. 

11. Use of IP Addresses

An IP address is a number that is assigned to your computer or network when you are linked to the Internet.  When you request pages from this website, our servers log your IP address.  We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners, or to audit the use of the website.  We may associate your IP address with the PII you provide.  We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.

12. Electronic Communications and Signatures .

When you use this website, send emails, messages and other communications from your computer or mobile device to Mate Fertility, or use our services, you are communicating with us electronically.  By agreeing to these Terms and Conditions of Use, you consent to receive communications from us electronically. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. All agreements and consents signed by you electronically shall be deemed to have the same legal effect, validity and enforceability as a manually executed signature or the use of a paper-based record keeping system, as applicable.

13. Consent to Receive Electronic Communications

By providing your personally identifiable information, non-personally identifiable information, cookies, and IP addresses, you consent to receive electronic communications from Mate Fertility and from third parties providing support or information for this website or to Mate Fertility.  Electronic communications include, but are not limited to, e-mails, text messages, and telephone calls to provide educational, informational or marketing resources.  

14. Consent to Receive Telephone Calls and SMS/MMS Mobile Messages

By providing your mobile number, you agree to be contacted via telephone calls and SMS/MMS mobile messages by Mate Fertility and Mate Fertility Clinics, or by a third party acting on behalf of Mate Fertility and Mate Fertility Clinics, to receive informational, product or service-related (e.g., progress tracking, refill reminders, check-up reminders, etc.) and marketing communications relating to the website and our services at the phone number you have provided.  Message and data rates may apply.  For help, please call (855) 508-6283.

15. HIPAA Notice of Privacy Practices

To read more about our privacy practices regarding health and medical information under the Health Insurance Portability and Accountability Act (“HIPAA”), visit our HIPAA Notice of Privacy Practices.

16. No Warranties

THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU ON “AS IS” BASIS AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.  MATE FERTILITY AND ITS AFFILIATES, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  MATE FERTILITY AND ITS AFFILIATES AND AGENTS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, AND NON-INFRINGEMENT OF THE INFORMATION CONTAINED IN THIS WEBSITE.  MATE FERTILITY AND ITS AFFILIATES AND AGENTS DO NOT WARRANT THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.  YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

17. Limitation on Liability

NEITHER MATE FERTILITY NOR ANY OF ITS AFFILIATES AND AGENTS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGE, LOSS, HARM, OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THIS WEBSITE, WHETHER CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING MATE FERTILITY FEATURES OR CONTENT OR OTHERWISE.  IN NO EVENT WILL MATE FERTILITY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN BY USERS IN RELIANCE ON SUCH FEATURES OR CONTENT.  MATE FERTILITY AND ITS AFFILIATES AND AGENTS SHALL NOT BE LIABLE TO USERS OR ANYONE ELSE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY ATTORNEYS’ FEES, COSTS, EXPENSES, OR DAMAGES, INCLUDING, WITHOUT LIMITATION, GENERAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, DIRECT, PUNITIVE, INDIRECT, EXEMPLARY, OR SIMILAR DAMAGES, OF ANY KIND ARISING OUT OF YOUR USE, ACCESS OR INABILITY TO ACCESS THIS WEBSITE OR YOUR RELIANCE UPON ANY INFORMATION CONTAINED IN THIS WEBSITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.  

18. Entire Agreement

These Terms and Conditions of Use constitute the entire understanding and agreement between Mate Fertility and you with respect to the subject matter hereof and supersede any and all prior understandings or agreements, whether electronic, oral, or written.

19. Severability

These Terms and Conditions of Use shall be deemed severable.  In the event that any provision of these Terms and Conditions of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

20. Governing Law

Your use of this website and all related rights and obligations shall be governed by the laws of the United States of America and the State of California, as if your use was a contract wholly entered into and wholly performed within the State of California.