PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS Reproductive Partners Fertility Center – San Diego (RPSD) WEBSITE.
Your access and use of this website (“Site”) is subject to and governed by these Terms and Conditions of Use and all applicable laws. Reproductive Partners Fertility Center – San Diego (RPSD) may revise and update these Terms and Conditions at any time 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 or through 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 on the Site, is intended to be medical advice, diagnosis or treatment. Reliance on any information provided by RPSD 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 or any RPSD physician. Please do not transmit personal health information about you or others to us through any feature in the Site.
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 RPSD, except as provided in these Terms and Conditions of Use or in the text on the Site. RPSD 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 RPSD.
You may download material displayed on the Site for your or your family’s 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 RPSD prior written permission.
Images of people or places displayed on the Site are either the property of, or used with permission by, RPSD. 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 are registered and unregistered Trademark(s) of RPSD or others. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark(s) displayed on the Site without the written permission of RPSD 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.
RPSD will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include the seeking of criminal prosecution.
USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. NEITHER RPSD 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, RPSD makes no representations or warranties about the following: (i) the accuracy, reliability, completeness including errors or omissions, correctness 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 RPSD, 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 RPSD is advised of the possibility of such damages. RPSD shall be liable only to the extent of actual damages incurred by you, not to exceed US $1,000. RPSD 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 RPSD and its affiliates, licensors, and suppliers. Accordingly, RPSD 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. RPSD 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.
RPSD 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 or from the Site. Your linking to any other off-Site pages or other sites is at your own risk.
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 and will not establish a physician-patient relationship between you and or any RPSD physician. If you are a patient of RPSD please discuss with your physician the proper means of communicating confidential or health information. 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 RPSD or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, RPSD is free to use any ideas, concepts, know-how, 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.
You agree to defend, indemnify, and hold RPSD 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 attorney’s fees, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use.
RPSD 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 RPSD, or in any way relating to your use of the RPSD 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 RPSD 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
RPSD 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.
Except as expressly provided in a particular “legal notice” on the Site, these Terms and Conditions constitute the entire agreement between you and RPSD with respect to the use of RPSD Site and content. If you have any questions about these Terms and Conditions please contact us at:
9850 GENESEE AVE. STE. #800,
LA JOLLA, CA 92037
Last Revision: March, 2015