Acceptance and Conduct
These Terms and Conditions apply to the Website and to all products, services, and content contained herein, whether you access such content directly on this Website, you download such content from this Website, or you use any other service offered by the Company. You are authorized by the Company to access and use the information on the Website solely for personal, non-commercial use, provided you are at least 18 years of age. The information, materials, and products displayed on the Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without the Company’s express prior written consent, which may be withheld or conditioned in the Company’s sole and absolute discretion. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with the Website, and any reproduction or circumvention of the navigational structure or presentation of the Website or its content, is strictly prohibited. You agree not to use the Website for any unlawful purpose.
If you supply a telephone number in connection with use of the Website, you consent to receive calls or texts at that number, whether manually or automatically dialed or sent, from the Company and/or from participating vendors. If you supply an email address in connection with the use of the Website, you consent to receive electronic communication from the Company, participating vendors or other third-party vendors. You may opt out of these communications by writing to the Company at firstname.lastname@example.org.
You agree not to modify the Website or use modified versions of the Website (except if modified by the Company) including for the purpose of your own commercial use or obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface provided by the Company for use in accessing the Website.
Ownership of Materials; Intellectual Property Rights
The Website, services, and content contained herein, including without limitation, Company names, The Surrogacy Law Map™ (defined to include the state law descriptions), research, product/services names, images, graphics, text, articles, software, codes, scripts, graphics, blogs, information, photos, sounds, videos, website design, interactive features and the like (“Content”) and the copyrighted information, trademarks, service marks, and logos contained therein (“Marks”) are the sole property of the Company or its licensors, and are protected by United States and international copyright, trademark and other laws (Content and Marks are collectively referred to as “Company IP”). Except for the limited licenses expressly granted to you in these Terms and Conditions, if any, the Company retains all proprietary rights to the Company IP. Without limiting the foregoing, you may not reproduce, copy, modify, display, sell, or distribute the Company IP, or use it in any other way for public or commercial purposes. This includes any code that the Company creates to generate or display the Content or the pages making up the Website. The use of any of the Company IP on any other website or in a networked computer environment for any purpose is strictly prohibited.
You must retain all copyright, trademark, service mark and other proprietary notices contained on the Company IP or other Company materials on any authorized copy you make of the Company IP. Company IP on the Website is provided to you AS IS for your information and for personal use only. The Company reserves all rights not expressly granted in and to the Website and the Company IP. You agree to not engage in the use, copying, or distribution of any of the Company IP other than expressly permitted herein. If you download or print a copy of the Company IP 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 the Company IP or enforce limitations on use of the Website or the content therein. If you believe any trademarks, service marks, or logos used on the Website to be the property of someone else, please notify the Company in writing at email@example.com.
The Company hereby grants you a limited, terminable, non-assignable, non-exclusive, revocable right to access and use the Company IP as contemplated herein. All such uses are for your personal, non-commercial use only and shall not be used for any commercial purpose. You expressly agree and acknowledge that no Company IP may be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without the Company’s express prior written consent, which may be withheld or conditioned in the Company’s sole and absolute discretion. The Company reserves the right to suspend or terminate your access and use of the Website at any time if Company, in its sole discretion, determines that you are in breach of these Terms and Conditions.
You acknowledge and agree that you are solely responsible for all User Content you make available through the Website. By submitting, providing, contributing, posting, uploading, or sending User Content on or through the Website, you represent and warrant that: (i) the User Content is original to you; (ii) no other party has any exclusive rights thereto; (iii) you either own the User Content or have the rights necessary to grant Company and other users rights in the User Content, as provided for below; (iv) the submitting, contributing, providing, posting, uploading, or sending of the User Content through the Website, or Company’s exercise of the rights granted to it in the User Content, will not violate the rights of any third parties (for example, patents, copyrights, trademarks, trade secrets, or other intellectual property rights, or rights of publicity or privacy) or any applicable statutes, laws, rules, regulations, guidelines, or ordinances; and (v) no payments of any kind shall be due to any third party. Company is not responsible for maintaining any User Content that you provide on the Website, and Company may delete or destroy any such User Content at any time and for any reason and without notice to you.
Company neither endorses nor guarantees in any way the third-party vendors, suppliers, organizations, sponsors, authors, advertisers, partners, data, information, materials, views, recommendations, plans, or products or services offered, published, posted, uploaded, expressed, and/or promoted on the Website. These include, but are not limited to, insurance providers, IVF Centers, mental health providers, lenders, escrow companies, attorneys, and other third parties that may be involved in assisted reproductive technology.
The Website may include hypertext links or links to other websites or webpages, or to information and/or articles created and maintained by other organizations or users/individuals. These links are provided solely for Company users’ information and convenience. When users select a link to an external platform, website or webpage, they leave the Company Website and are subject to the privacy and security policies of the owners/sponsors of the external link. The Company is not responsible for any Personal Information provided to or collected by third parties on other sites.
The Company created the Website to provide general information about surrogacy and assisted reproductive technology and the services offered by the Company. The Website is for informational purposes only. Company makes no representation that any or all of the information, materials, Content, products or services on the Website are accurate, appropriate, or available for sale or use by its users in any or all locations. The information provided on the Website is provided by the Company as a convenience to you. The Content or User Content contained on this Website does not obligate Company to provide any specific material, product or service. Company will use reasonable efforts to include accurate and up-to-date information. However, the Company does not warrant and cannot guarantee the accuracy, availability, completeness or authenticity of the information contained on the Website, or its suitability for any purpose.
We reserve the right to: (i) refuse any application submitted to us; (ii) correct any errors, inaccuracies or omissions with regard to the services requested or offered; (iii) change or update information in connection with any services requested or offered; (iv) contact you by phone or email to confirm the information provided in the application or follow up on an incomplete application; and/or (v) modify or cancel your application at any time without notice to you and without incurring any liability.
Company shall not be liable to you or to any other person for any delays in performance or any nonperformance of Company’s obligations caused by circumstances beyond Company’s control; for example, as a result of any of the following events: a cybersecurity attack, data breach or similar event, failure of performance by surrogate or intended parents; statute, regulation, order or any other action of any governmental authority; pandemic, widespread infectious disease or public health or other emergency; acts of God or natural disaster; acts of terror; war and acts of war (whether declared or not). Such circumstances shall result in Company’s relief from damages and other measures.
Subject to the terms and conditions set forth in a direct contract between you and the Company, in the event you are in breach of these Terms and Conditions, the Company may elect to either suspend or terminate its obligations to perform any of its obligations, including providing any products or services, and Company shall be immediately paid by you for all products/services rendered up to the time of such election.
DISCLAIMER OF WARRANTIES
THE USE OF THE WEBSITE, INCLUDING ALL MATERIALS AND INFORMATION CONTAINED THEREIN, IS ENTIRELY AT YOUR OWN RISK AND ANY MATERIALS DOWNLOADED, INFORMATION PROVIDED OR OBTAINED THROUGH THE USE OF THE WEBSITE (INCLUDING CONTENT AND USER CONTENT), AND THE PRODUCTS OR SERVICES PROVIDED BY OR RECEIVED FROM OR THROUGH THE COMPANY AND/OR ANY SURROGATES OR INTENDED PARENTS ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR AND WAIVE ANY AND ALL CLAIMS WITH RESPECT TO ANY DAMAGE TO YOUR PERSON, BUSINESS, COMPUTER SYSTEM, EQUIPMENT, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIALS, INFORMATION, PRODUCTS, OR SERVICES. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION AS TO THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO THE COMPANY OR THROUGH THE WEBSITE. THE MATERIALS, PRODUCTS, SERVICES, CONTENT AND INFORMATION ON THE WEBSITE ARE PRESENTED SOLELY FOR GENERAL INFORMATIONAL PURPOSES, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND AND ARE PROVIDED ON AN ‘AS IS’ AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE INFORMATION, CONTENT, USER CONTENT, PRODUCTS, OR SERVICES PROVIDED.
THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO (I) THE WEBSITE, (II) THE INFORMATION CONTAINED THEREIN, INCLUDING THE CONTENT AND USER CONTENT, AND (III) ANY PRODUCTS OR SERVICES OFFERED ON THE WEBSITE BY THE COMPANY, ITS CONTRACTORS, OR ANY OTHER THIRD-PARTY. SUCH WARRANTIES DISCLAIMED BY THE COMPANY INCLUDE, BUT ARE NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUALITY, EFFECTIVENESS, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ADDITIONALLY, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, CONNECTIVITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. FURTHER, COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE, INCLUDING PERSONAL INFORMATION, USER CONTENT, OR OTHER INFORMATION PROVIDED BY YOU, WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS ON THE WEBSITE WILL BE CORRECTED. NO PRODUCTS (INCLUDING THIRD-PARTY PRODUCTS), SERVICES (INCLUDING SERVICES FROM THIRD PARTIES SUCH AS SURROGATES OR INTENDED PARENTS), OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR LINKED TO OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO ANY PRODUCTS, SERVICES, OR CONTENT, INCLUDING THIRD-PARTY PRODUCTS, SERVICES, CONTENT OR USER CONTENT, THAT YOU MAY PURCHASE, RECEIVE, ACCESS, OR USE. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS OR SERVICES. SUCH PRODUCTS OR SERVICES MUST BE USED FOR ITS INTENDED PURPOSES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, IN CERTAIN CIRCUMSTANCES THE LIMITATION OF LIABILITY AND DISCLAIMERS MAY NOT APPLY TO YOU.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, PRODUCTS, SERVICES, THE INTERNET GENERALLY, AND THE INFORMATION, MATERIALS, CONTENT, USER CONTENT, AND OTHER MATERIALS YOU ACCESS AND FOR YOUR CONDUCT ON AND OFF THE WEBSITE. SPECIFICALLY, YOU AGREE TO RELEASE THE COMPANY AND ITS MEMBERS, OWNERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, INSURERS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND/OR AGENTS (THE “COMPANY PARTIES”) AS FOLLOWS:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, PROPERTY DAMAGE, BODILY HARM, INJURY, OR DEATH, GOODWILL OR DAMAGES RESULTING FROM LOSS OF DATA, OR BUSINESS INTERRUPTION RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE PRODUCTS, SERVICES, CONTENT OR USER CONTENT OFFERED OR PROVIDED BY THE COMPANY OR ANY THIRD-PARTY THROUGH THE WEBSITE, OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DETRIMENTAL RELIANCE THAT YOU MAY PLACE UPON THE WEBSITE OR ITS CONTENTS, OR THE PRODUCTS, SERVICES, CONTENT OR USER CONTENT OFFERED ON THE WEBSITE OR PROVIDED BY THE COMPANY AND/OR ANY THIRD-PARTY THROUGH THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE, PRODUCT, THE WEBSITE, CONTENT, AND/OR USER CONTENT IS TO STOP USING THE WEBSITE, SERVICE, PRODUCT, CONTENT, AND/OR USER CONTENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES GREATER THAN THE AMOUNT OF MONEY, IF ANY, THAT YOU PAID TO COMPANY TO USE THIS WEBSITE.
DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT THE COMPANY WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You agree to not use, disclose, divulge, reveal, recreate, reproduce, publish, or transfer to any person any and all Confidential Information of the Company, which term shall include any information not in the public domain, in any form, possessed by, used by, under the control of, emanating from, or otherwise relating to the Company.
You may now or in the future register to receive communications via short message service (“SMS Service”). Participation in the SMS Service is not necessary to use the Website. By registering to participate in the SMS Service, you certify that you are authorized: (i) to enroll the designated mobile phone number in the SMS Service, and (ii) to incur any mobile message or data charges that may be incurred by participating in the SMS Service.
You may subscribe to the SMS Service by entering and submitting your mobile phone number and full name in the provided submission form available on our Website. By entering this information and completing the submission form, you consent to the Company and other third parties contacting you on your mobile phone for marketing purposes.
By subscribing to the SMS Service, you expressly consent and agree to accept and receive communications via text message to your mobile device and to the cellular/mobile telephone number(s) that you provided to the Company. The information in any message may be subject to certain time lags and/or delays.
You can text STOP to stop receiving text messages from us and HELP to receive help. You consent that following such a request to unsubscribe, you may receive one final message confirming that you have unsubscribed.
By participating in the SMS Service, you approve any such charges from your mobile carrier. Check your carrier’s plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s).
The Company is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.
The Company reserves the right, in its sole discretion, to cancel or suspend any or all of the SMS Service, in whole or in part, for any reason, with or without notice to you.
Entire Agreement/Reservation of Rights
Downtime; Service Suspensions; Termination
Your access to and use of the Website may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of any portion or all of the Website for any reason, including as a result of power outages, system failures, or other interruptions.
The Company shall be entitled, without any liability to you, to suspend access to any portion or all of the Website at any time, on a system-wide basis: (a) for scheduled downtime to permit the Company to conduct maintenance or make modifications to the Website; (b) in the event of a denial of service attack or other attack on the Website or other event that the Company determines, in the Company’s sole discretion, may create a risk to the Website if the Website is not suspended; or (c) in the event that the Company determines that the Website is prohibited by law, or the Company otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons.
You further agree that the Company reserves the right to terminate your access to any part of the Website for any reason in the Company’s sole discretion, at any time, without notice. The Company also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website with or without notice. You acknowledge and agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
Governing Law; Waiver; Severability; Costs of Enforcement
Rights You Agree to Give Up
If either you or we choose to litigate any claim, then you and we agree to waive the following rights: RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST THE COMPANY WHETHER IN COURT OR IN ARBITRATION.
2 Wisconsin Circle, Suite 700 Chevy Chase, MD 20815 OR firstname.lastname@example.org