TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS FERTILITY CENTERS OF ORANGE COUNTY ("FCOC") WEBSITE.
Your access and use of this website is subject to and governed by these Terms and Conditions of Use and all applicable laws. Fertility Centers of Orange County ("FCOC") may revise and update these Terms and Conditions at anytime and in its sole discretion and such revisions are binding on the Site users. Your continued usage of the Site will mean you accept and agree to any such changes.
THIS SITE DOES NOT PROVIDE 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 one's 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 FCOC 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 FCOC or any FCOC
physician.
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 FCOC, except as
provided in these Terms and Conditions of Use or in the text on the Site. FCOC 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 FCOC.
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 Contents of the Site for public or commercial purposes, including the text, images, audio, and video, without FCOC's prior written permission.
Images of people or places displayed on the Site are either the property of, or used with permission by, FCOC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions of Use or specific permission 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 "Reproductive Partners Medical Group, Inc.," "FCOC," etc.) are registered and unregistered Trademark(s) of FCOC 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 FCOC 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 and Conditions of Use, is strictly prohibited.
FCOC will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include the seeking of criminal prosecution.
GENERAL DISCLAIMER
USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. NEITHER FCOC NOR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, CONTRIBUTING TO,
OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING,
EVERYTHING ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND, TO
THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS.
Specifically, FCOC makes no representations or warranties about the following: (i) the accuracy, reliability, completeness including errors or omissions, currentness or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the Site; or (ii) the satisfaction of government regulations requiring disclosure of information on medical treatments or prescription drug products with regard to the content contained on the Site. In no event shall FCOC, its business associates or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not FCOC is advised of the possibility of such damages. FCOC shall be liable only to the extent of actual damages incurred by you, not to exceed US$1,000. FCOC is not liable for any personal injury, including death, caused by your use or misuse of the Site, content, or Public Area (as defined below). Any claims arising in connection with your use of the Site, any content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. Some jurisdictions may not allow exclusions of implied warranties so some of these exclusions may not be applicable to users in certain areas.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of FCOC and its affiliates, licensors, and suppliers. Accordingly, FCOC and its affiliates, licensors, and suppliers assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. FCOC and its affiliates, licensors, suppliers, and Content providers also assume no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
FCOC has not reviewed all of the sites that may be linked to the Site and is not responsible for the contents of any off-Site pages or any other sites linked to the Site. Your linking to any other off-Site pages or other sites is at your own risk.
USER SUBMISSIONS
Any communication or material you transmit to the Site by electronic mail or otherwise,
including any data, questions, comments, suggestions, or the like, is, and will be treated
as, non-confidential and non-proprietary. You agree that you will not send or transmit to
the Site any communication or content that infringes or violates any rights of any party.
Anything you transmit or post may be used by FCOC or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, FCOC is free to use any ideas, concepts, knowhow, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
You should be aware that when you disclose personal information (including, user name, e-mail address, personal details about yourself, etc.) on the public areas of the Site (including message boards, etc.) you do so voluntarily, and that such information can be collected and used by others and may result in unsolicited messages from other posters or parties.
PRIVACY
You agree that your use of the Site is also subject to the Privacy Policy which is part of
these Terms and Conditions. If you are submitting any information from outside of the
United States, you are consenting to use of the information by FCOC and its business
associates in accordance with the FCOC Privacy Policy.
INDEMNITY
You agree to defend, indemnify, and hold FCOC and its affiliates, employees,
contractors, agents, licensors, suppliers, and Content providers harmless from and
against any claims, actions or demands, liabilities and settlements, including, without
limitation, reasonable attorneys fees, resulting from, or alleged to result from, your
violation of these Terms and Conditions of Use.
JURISDICTION
FCOC and its affiliates are based in California. Most of the physicians, health care
providers, and others who are contributors of the Contents of the Site are licensed, if
required, only in the State of California. You expressly agree that exclusive jurisdiction
for any dispute with FCOC, or in any way relating to your use of the FCOC Site, resides
in the courts of the State of California; and you further agree and expressly consent to
the exercise of personal jurisdiction in the courts of the State of California in connection
with any such dispute including, without limitation, any claim involving FCOC and its
affiliates, employees, contractors, agents, licensors, suppliers and Content providers.
These Terms and Conditions of Use are governed by the internal substantive laws of
the State of California, without respect to its conflict of laws principles. If any provision of
these Terms and Conditions of Use is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions of Use, which shall remain in full force and
effect. No waiver of any of the terms and conditions shall be deemed a further or
continuing waiver of such term or condition of any other term or condition.
MODIFICATION TO TERMS AND CONDITIONS OF USE
FCOC may at any time, in its sole discretion, revise these Terms and Conditions of Use
by updating this posting. You are bound by any such revisions and should therefore
periodically visit this page to review the then current Terms and Conditions of Use to
which you are bound.
COMPLETE AGREEMENT
Except as expressly provided in a particular "legal notice" on the Site, these Terms and
Conditions constitute the entire agreement between you and FCOC with respect to the
use of FCOC's Site and content. If you have any questions about these Terms and
Conditions please contact us at:
Fertility Centers of Orange County
17875 Von Karman Ave. Suite #480
Irvine, CA 92614
E-mail: [email protected].
