Terms & Conditions
NaturalCycleIVF.com Terms of Service
These NaturalCycleIVF.com Terms of Service constitute an agreement (this “Agreement”) between you and Dominion Fertility, its designees, successors and assigns (“Dominion”) with respect to your use of the NaturalCycleIVF.com site (the “Site”). The Site includes all webpages and other materials relating to NaturalCycleIVF.com. You are solely responsible for your conduct and your content on the Site and compliance with these terms. Your registration with, use, browsing and/or access of the Site constitutes your acceptance, without modification, of the terms, conditions and notices contained in this Agreement. In addition, when using particular site services, you agree that you are subject to any posted guidelines, rules, and policies applicable to such services that may be posted and modified from time to time. All such guidelines, rules, and policies are incorporated into this Agreement by reference. This Site is not directed to individuals under age 18 and is offered only to users 18 years of age or older. Any person who provides their personal information through this Site represents that they are 18 years of age or older.
YOU AGREE THAT NO USE OF THE Site BY YOU WILL CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND DOMINION OR ANY HEALTHCARE PROVIDER AFFILIATED WITH DOMINION OR OTHERWISE USING THE Site. YOU AGREE THAT NO INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION PROVIDED BY DOMINION OR ITS PROVIDERS) POSTED IN CONNECTION WITH THE Site WILL BE CONSIDERED MEDICAL, LEGAL OR PROFESSIONAL ADVICE AND YOU AGREE TO CONTACT YOUR PHYSICIAN DIRECTLY BY TELEPHONE FOR ANY MEDICAL CONDITIONS YOU MAY ENCOUNTER OR MEDICAL ADVICE YOU MAY NEED.
You agree that you will not post, email or make available any content or use this Site:
- In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
- in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to engage in spamming, “chain letters,” “pyramid schemes”, to solicit or advertise any product or service, solicitation or advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
- subject to your election to join anonymously, to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Site without authorization;
- to interfere or attempt to interfere with the proper working of this Site or prevent others from using this Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Site, or that otherwise negatively affects other persons’ ability to use this Site;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy this Site or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person’s explicit written consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Site or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
- Engage in any activity that is or may be unlawful, threatening, abusive, defamatory, obscene, vulgar, offensive, hateful, embarrassing, pornographic, profane, sexually explicit, or indecent, or that is or could be considered harassment or “stalking”;
- Engage in any activity that violates the rights of any third party (including, without limitation, any privacy rights of third parties);
- Post or submit any information that is medically inaccurate, or that constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability (including, without limitation, any claims of defamation), or otherwise violate the laws of any locality, state, or nation;
- Post or submit any information that may cause injury to any person or entity, or result in any potential liability for Dominion, the Site or any third party;
- Collect, use or disclose data, including personal information, about other users without their written consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Site or to proxy authentication credentials for any member of this Site for the purposes of automating logins to this Site;
- Post any content containing child pornography to this Site;
- Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any content that constitutes pornography, contains nudity, or is adult in nature.
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Site – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
- Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Site’s infrastructure;
- Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Site;
- Use this Site as a generic file hosting service;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Site or for using it for purposes unrelated to this Site); and<
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Site.
To provide notice of alleged copyright infringement on this Site, please see the DMCA Notification Guidelines.
Except as expressly agreed in writing by Dominion, the Site and all associated intellectual property is the sole property of Dominion. Any copying, republication, or redistribution of such materials is expressly prohibited without the prior written consent of Dominion.
You agree not to authorize or encourage any third party to use this Site to facilitate any of the foregoing prohibited conduct. You also agree that these Site Terms of Service inure to the benefit of our service providers (including our Site platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Site Terms of Service. Technology and hosting for aspects of this Site are provided by this Site’s online service provider. However, the Site Creator of this Site controls the content, membership and policy of this Site, including those pages served by such service provider on behalf of this Site. Notwithstanding anything to the contrary, by participating on this Site you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Site and participation with this Site.
YOU AGREE TO INDEMNIFY AND HOLD DOMINION HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND DEFENSE COSTS) INCURRED BY DOMINION IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT BY YOU OR THROUGH ANY PASSWORD OR IDENTIFICATION ASSOCIATED WITH YOUR REGISTRATION.
The Site reserves the right to release information to law enforcement and third parties relating to violation of the standards of the Site and/or violation of law, or as the Site otherwise deems necessary and/or appropriate. The Site has the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole and absolute discretion.
By posting, submitting or otherwise providing or communicating information in connection with the Site (collectively “Communications”) you grant to Dominion and the Site a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications throughout the world, in all media now known or hereafter developed. You hereby waive all rights to any claim against Dominion and/or the Site for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You will be solely responsible for your own Communications and any Communications submitted through any user identification and/or password pursuant to your registration and the consequences of posting or otherwise transmitting those Communications. Neither the Site, Dominion nor any affiliated provider represents or guarantees the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by web site users or endorses any opinions expressed by such users. Neither Dominion nor the Site has any obligation to monitor the Site in any manner, to require third parties to comply with the Terms of Service or other standards relating to the Site, nor to investigate or otherwise act upon any allegations of violation of law or other requirements relating to the Site. The Site reserves the right, but has no obligation to, terminate users and/or remove Communications that are abusive, illegal, disrespectful, disruptive, or otherwise problematic.
Your sole remedy in the event of a dispute arising out of this Agreement is to terminate this Agreement by ceasing your use of the Site, provided, however all terms and conditions of this Agreement shall remain in effect relating to any prior use of the Site, and the Site shall have no obligation to remove or otherwise modify any Communications you may have submitted.
The Site may be modified, suspended, or discontinued in whole or in part at any time. Neither the Site nor Dominion makes any warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the Site. Neither the Site nor Dominion makes any guarantee of the accuracy, correctness or completeness of any information on the Site, and shall not be responsible for any content relating to the Site. You agree that that any reliance upon any information or content on the Site is at your sole risk.
YOU AGREE THAT YOUR USE OF THE Site IS AT YOUR OWN RISK. THE Site, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH THE Site, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL THE Site OR DOMINION OR ANY AFFILIATED PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Site, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM NEGLIGENCE OR GROSS NEGLIGENCE. THE Site AND DOMINION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT ANY COURT DETERMINES THE FOREGOING LIMITATIONS OF LIABILITY TO BE UNENFORCEABLE, YOU AGREE THAT THE LIABILITIES OF THE Site, DOMINION AND ITS PROVIDERS WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
This Agreement shall be governed and constructed in accordance with the laws of the Commonwealth of Virginia without regard to conflicts of law provisions. Unless otherwise agreed in writing by Dominion, in the event of a dispute relating to this Agreement, the sole and exclusive means for resolution of such dispute will be by binding arbitration to be held in Arlington, Virginia in accordance with the Arbitration Rules of the American Health Lawyers Association Alternative Dispute Resolution Service. The decision of the arbitrator shall be final and binding on the parties and shall be enforceable in any court of applicable jurisdiction.
If for any reason any provision of this Agreement, is determined to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.