solicit personal information from others such as passwords or other Site account information.<\/li>\n<\/ul>\n12. LINKS<\/h2>\n Through the Site and Services, FertilitySmarts.com may provide, or third parties may provide, links to other websites, white papers or resources. FertilitySmarts.com has no control over such sites and resources. Therefore, you acknowledge and agree that FertilitySmarts.com is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. In addition, you acknowledge and agree that FertilitySmarts.com shall have no responsibility or liability whatsoever for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.<\/p>\n
You enter other websites at your own risk and are highly advised to review their terms of service, privacy policies and other use agreements.<\/p>\n
13. SUGGESTIONS, IDEAS AND RECOMMENDATIONS TO FertilitySmarts.com<\/h2>\n By submitting suggestions, ideas, recommendations and\/or proposals (collectively \u201cUser Suggestions\u201d) to FertilitySmarts.com through email, forums, web pages or web forms, you acknowledge and agree that: (a) your User Suggestions do not contain confidential or proprietary information; (b) FertilitySmarts.com is not under any obligation of confidentiality, express or implied, with respect to User Suggestions; (c) FertilitySmarts.com shall be entitled to use or disclose (or choose not to use or disclose) such User Suggestions for any purpose, in any way, in any media worldwide; (d) FertilitySmarts.com may have something similar to the User Suggestions already under consideration or in development; (e) your User Suggestions automatically become the property of FertilitySmarts.com without any obligation of FertilitySmarts.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from FertilitySmarts.com under any circumstances for any User Suggestions.<\/p>\n
14. INDEMNIFICATION<\/h2>\n You agree to defend, indemnify and hold harmless FertilitySmarts.com, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services; (b) your violation of any of these TOS; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content uploaded, posted, transmitted or otherwise made available by you via the Services caused damage to a third party. This defense and indemnification obligation will survive these TOS and your use of the Services.<\/p>\n
15. TERMINATION<\/h2>\n FertilitySmarts.com reserves the right to terminate your access to and\/or use of the Services and remove and discard any Content at any time for any reason, including without limitation any failure to comply with any part of these TOS. FertilitySmarts.com also reserves the right to discontinue providing all or part of the Services. You agree that any termination of your access to or use of the Service and any discontinuation by FertilitySmarts.com in providing the Services may be effected without notice to you and that FertilitySmarts.com shall be under no obligation to retain any Content, provide any further access to any Content or return any Content to you. You agree that FertilitySmarts.com shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Services.<\/p>\n
16. DISCLAIMER OF WARRANTIES<\/h2>\n YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FertilitySmarts.com EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULL EXTENT PERMISSIBLE UNDER THE LAW; (b) FertilitySmarts.com WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICES, HOWEVER, FertilitySmarts.com IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. FertilitySmarts.com DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND SERVICES WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICES WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.<\/p>\n
17. LIMITATION OF LIABILITY<\/h2>\n YOU EXPRESSLY UNDERSTAND AND AGREE THAT FertilitySmarts.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DAMAGE TO PROPERTY, PERSONAL INJURY, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FertilitySmarts.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.<\/p>\n
Certain jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.<\/p>\n
18. NOTICE<\/h2>\n FertilitySmarts.com may provide you with notices, including those regarding changes to this TOS by email, postal mail or postings on the Service. For the avoidance of doubt, the TOS may be updated from time to time without notice to you.<\/p>\n
19. INTELLECTUAL PROPERTY & TRADEMARKS<\/h2>\n You hereby acknowledge that except for Content submitted by users of the Site and Services and other third parties, FertilitySmarts.com is the sole owner of all text, messages, information, software, scripts, images, graphics, audio, video, interactive features, and the like contained on the Site (\u201cFertilitySmarts.com Content\u201d). FertilitySmarts.com owns all proprietary rights, including but not limited to trademarks and copyrights in the FertilitySmarts.com Content and its selection, organization, and arrangement. FertilitySmarts.com Content 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. If you download or print any FertilitySmarts.com Content for personal use, you shall retain all copyright and other proprietary notices contained therein.<\/p>\n
The FertilitySmarts.com logos, trademarks and service marks and other FertilitySmarts.com logos, product names and service names (\u201cFertilitySmarts.com Marks\u201d) are trademarks of Janalta Interactive Inc. You agree that you will not display or use the FertilitySmarts.com Marks in any manner whatsoever without our prior consent.<\/p>\n
20. PROCEDURES FOR MAKING A CLAIM OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT<\/h2>\n FertilitySmarts.com takes protecting copyright seriously. If you believe that Site Content is being displayed in violation of your copyrights, please immediately notify FertilitySmarts.com by sending an email to webmaster@fertilitysmarts.com.<\/p>\n
21. PROCEDURES REGARDING UNAUTHORIZED USE OF PHOTOGRAPHS OF LIVING PEOPLE POSTED ON THE SITE<\/h2>\n If a photograph, video or other representation of your likeness (or someone to whom you are a parent or legal guardian) is posted on the Site without your permission, please immediately notify FertilitySmarts.com by sending an email to webmaster@fertilitysmarts.com<\/strong> to report the unauthorized use of your image with the URL where the photo can be found.<\/p>\n22. VIOLATIONS OF TERMS OF SERVICE<\/h2>\n Please report violations of this TOS by contacting us<\/a>. Where a Service provides you with the ability to flag Content as inappropriate, you may notify us of violations of these TOS by utilizing such functionality.<\/p>\n23. MEMBER DISPUTES<\/h2>\n If you have a dispute with one or more users of the Site and Services, you hereby release FertilitySmarts.com from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”<\/p>\n
24. MISCELLANEOUS<\/h2>\n Force Majeure – FertilitySmarts.com shall not be liable for delay, termination or diminution in the Site or Service if the same is caused by conditions beyond a FertilitySmarts.com reasonable control, including but not limited to, governmental action, terrorist act, riot, insurrection, fire, flood, accident, earthquake, electrical outage, telecommunications line failure, Internet outages, computer viruses, denial-of-service attacks, network failure, explosion, embargo, strike, labor or material shortage, transportation interruption, work slowdown or an act of God.<\/p>\n
Entire Agreement \/ Amendments – This Agreement constitutes the entire understanding between the parties with respect to the subject of the Agreement. Notwithstanding the foregoing, these TOS may be modified from time to time by FertilitySmarts.com without notice to you. You can review the most up-to-date version of the Site’s TOS by visiting this page.<\/p>\n
Waiver and Severability – The failure of FertilitySmarts.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.<\/p>\n
Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.<\/p>\n
Governing Law – This Agreement shall be construed and interpreted under the substantive laws of Alberta, without regard to the choice of law provisions of any jurisdiction. This Agreement shall be enforced in the courts of Alberta.<\/p>\n
Entire Agreement – This document contains the entire understanding and agreement between you and FertilitySmarts.com with regard to your use of the Services. Notwithstanding the foregoing, you acknowledge that you may be subject to additional terms and conditions that may apply when you use or purchase other services from FertilitySmarts.com and\/or third parties.<\/p>\n
Copyright \u00a9 2010 – 2023 Janalta Interactive Inc. All rights reserved.<\/p>\n<\/div>\n
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