Fertility Testing | Terms of Service | Modern Fertility

Terms of service

Informed consent

This Informed Consent reviews the benefits, risks, and limitations of undergoing the Modern Fertility test indicated on your order form “Test.” It also explains how your information and sample will be used after performance of the Test. In order for us to process your sample and provide you with results, you must confirm by signing below or otherwise acknowledging that you have read, understood, and agree to this Informed Consent. You are not required to have the Test prior to signing this Informed Consent.

Introduction

If you have chosen to use Modern Fertility services, you are voluntarily choosing to measure fertility and you have been able to seek out any pre-test counseling necessary. All requests for tests are reviewed by a licensed physician. You will have options for providing a blood sample based on where you live. If you live in 20 miles of the city of San Francisco, you may have the option to test your blood at Universal Diagnostics Laboratory. If you are living elsewhere in the US, you may have your blood drawn at one of the 2,000 testing facilities operated by Quest Diagnostics. For specific privacy policies and terms and conditions of Quest Diagnostics, please visit:http://www.questdiagnostics.com/home/privacy-policy/online-privacy.html. The results of your blood test and the recommendations will be available to you online in the form of the Modern Fertility product.

Voluntary participation

Your use of the Modern Fertility service is voluntary. It is your choice whether to participate or not. You may stop using the service at any time. If for any reason you believe that your use is anything but voluntary, please terminate all use of the service. These terms and conditions apply to any mobile or web based use of Modern Fertility,

This site is offered and available to users who are 18 years of age and older. If we obtain actual knowledge that that a user is under 18 years old, we will use our best efforts to remove them from our database. By using this site, you represent that you are at least 18 years old and of legal age to form a binding contract with us. If you don’t meet these requirements, you must not access our site.

Procedure and protocol

An authorized healthcare provider will review your information, and upon his or her determination that the Test is appropriate for you, he or she will order the Test for you. You will also be asked to provide a sample in accordance with Modern Fertility’s collection procedures, and to provide a Health Survey.  Your sample will then be transferred to one of two locations based on your location:

  • Universal Diagnostics Laboratory
  • Quest Diagnostics

In order for the Modern Fertility Test to perform as intended, you must provide accurate and correct information. These tests do not replace the existing primary care or other relationship of a Customer Participant with their physician and the tests should not be used used as a substitute for the care, medical advice or treatment provided by a Customer Participant’s primary care or other personal physician. These tests are provided solely for informational purposes, and do not constitute treatment or diagnosis of any condition, disease or illness, or otherwise constitute the practice of medicine.  The Customer is responsible for sharing the test results with their primary care or other personal physician and for initiating follow up with their primary care or other personal physician for care, diagnosis, medical treatment or to obtain an interpretation of the laboratory test results.   If the Customer requests or consents to the request for the Modern Fertility Services, including but not limited to any Consultation with a 3rd party Modern Fertility physician, voluntarily without influence of another party, these Modern Fertility 3rd party physicians are providing advice and consultation based strictly on a Customer’s test results and such advice and consultation shall not constitute a treatment decision. The physicians that Modern Fertility works with do not and will not prescribe any drugs or medication.

By agreeing to this consent, you also acknowledge and agree that Modern Fertility may de-identify the information that it obtains from its analysis and aggregate this information with de-identified information from other patients. De-identification means that Personally Identifiable Information (PII) associated with your laboratory results  will be removed prior to submission for public research. The de-identified information be used by Modern Fertility to advance medical research including but not limited to publications, its own algorithms.

Risks and discomfort

Although the risks and discomforts associated with a blood test are very low, you might be at risk for excessive bleeding, fainting, or feeling light-headed, hematoma (blood accumulating under the skin) or infection (a slight risk any time the skin is broken). While the possibility of this happening is very low, you should still be aware of the possibility.

Drawing blood from your arm may cause discomfort or lightheadedness. It also may result in bruising or soreness for a few days. In rare instances, an infection can result. If you feel discomfort or other symptoms, tell the person drawing your blood immediately.

Modern Fertility may advise you to have a follow up with your doctor after reviewing the results of your blood test. As a result, you may learn about health conditions and problems or potential health problems that you were not aware of before your participation in the Modern Fertility services. You may experience stress, anxiety, or emotional or physical discomfort when you learn about health problems or potential health problems.

In addition, you could have a disease or condition even though your test results are in the normal range. You could have test results outside the normal range and still not have a disease or condition. Results outside the normal range, though, could lead to additional cost or discomfort if your physician orders follow-up tests.

Some questions and pieces of information collected as part of Modern Fertility may make you feel uncomfortable.

There may also be additional risks to participation that are currently unforeseeable.

Recommendations regarding lifestyle, smoking, diet, exercise, or counseling may be provided to you by Modern Fertility  as a result of our blood sample analysis may or may not be beneficial to you and may cause or exacerbate certain medical problems. You are following these recommendations at your own risk. If at any time during the follow-up period you feel unwell or ill you should seek medical help immediately and discontinue Modern Fertility recommendations.

Limitations of the test

The test is intended to detect “red flags” associated with infertility conditions. These tests are the standard tests completed in fertility clinics today, however, no tests are able to fully predict infertility or fertility. Analysis of results are based on currently available information in the medical literature, scientific databases, and board certified reproductive endocrinologists. New information may replace or add to the information that was used to analyze your results. Based on this new information, you understand and agree that Modern Fertility may, at its sole discretion, amend or modify your Test report, which may result in a change in your risk assessment or the reclassification of a variant. You hereby irrevocably waive any and all claims against Modern Fertility for any amendment or modification of the Test report in accordance with Modern Fertility’s standard operating procedures. Modern Fertility has implemented many safeguards to avoid technical errors, but as with all medical tests, there is a chance of a false positive or a false negative result. A false positive result means a fertility risk was detected, which is not in fact present. A false negative result means the Test failed to identify a fertility risk that is in fact present. Laboratory tests are one part of a fertility consult, and Modern Fertility makes no claims beyond the data reported in these laboratory tests. Other sources of error, while rare, include sample mix-up, poor sample quality or contamination, technical errors in the laboratory. In addition, if you have certain rare biological conditions or have had certain bone marrow transplants, or transfusions, these conditions may limit the accuracy of the results or prevent the Test from being completed. Modern Fertility expressly disclaims any liability for the inaccuracy of Test results resulting from such conditions or the failure to provide accurate, correct or complete Health Survey, and you expressly waive any claims against Modern Fertility with respect thereto.

Potential results

Certain results may mean that your risk of a fertility or health related condition may be higher. Certain results mean that your risk for a fertility or health related condition may increase. This result does not necessarily mean that you have an infertility or general health issues or that you will develop a fertility related issue or health issue in your lifetime.The Test is not a diagnostic test. You should consult with your healthcare provider around results that could increase your risk. By signing this Informed Consent, you understand and agree that your results must be considered in the context of broader medical management by a healthcare provider, and that you should not make medical decisions without consulting a healthcare provider. Modern Fertility does not provide medical services, diagnosis, treatment, or advice.

Cost

You are paying for the Modern Fertility services with your personal funds and any third-party payers will not pay for or reimburse you for these costs. Modern Fertility will not submit any information provided by you for reimbursement or payment from private insurance carriers, Medicare, Medicaid, or any other third-party payers. We are not able to offer refunds once a blood sample has been collected. Modern Fertility blood tests are valid for one year (12 months) after purchase.

Benefits

If you participate in the Modern Fertility services, you may or may not experience benefits. Potential benefits may include the ability to let you and your healthcare provider make more informed decisions around family planning.

Confidentiality

Your privacy is Modern Fertility’s priority. The information that we collect as part of the Modern Fertility services will be kept confidential and will only be identified by an anonymous number. Information about you that will be collected will be secure and nobody but Modern Fertility’s qualified staff or authorized partners will be able to see it. The information will not be shared with or given to anyone without your written consent. Modern Fertility has implemented certain physical, managerial, and technical safeguards that are designed to protect the integrity and security of your PII. Modern Fertility cannot, however, guarantee the security of any information you transmit to Modern Fertility or store on the Modern Fertility website, and you do so at your own risk. You agree that Modern Fertility is not liable for the unauthorized release of your PII, results or medical information, unless such release was the result of gross negligence or willful misconduct on the part of Modern Fertility.

Right to refuse or withdraw

You do not have to take part in this service if you do not wish to do so. You may also stop participating at any time you choose. It is your choice and all of your rights will be respected.

Indemnification

You agree to indemnify, defend, and hold harmless Modern Fertility, Inc., its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise from your participation in the Modern Fertility services.

Consent

I confirm that I have read or have had read to me, all of the information in this Informed Consent document, and I understand what it says. I have had the opportunity to ask any questions I may have about the Modern Fertility Test and related issues, and all of my questions have been answered to my satisfaction. I freely and voluntarily consent to undergo this testing, and I specifically acknowledge and consent to the following:

  • I am the individual providing the sample and I am at least 18 years of age.
  • This Test is not intended to diagnose whether I have or will get a certain disease in the future.
  • I should not make any medical decisions based on these results without speaking to my healthcare provider first.
  • This Test may not perform as intended or provide accurate results if I have not provided accurate and correct personal information, or if I have certain rare biological conditions or have had certain bone marrow transplants, or transfusions.
  • Modern Fertility  may provide results that are not yet comprehensive or final.
  • My anonymized sample, and results may be used for internal quality control; laboratory validation studies; research and development; and educational purposes.
  • Modern Fertility may contribute de-identified information about my blood tests and health survey to public databases and publications.
  • I agree to the Modern Fertility Terms Of Service  and Privacy Policy which are available at getmodernfertility.com or upon request.

Who to contact

You may contact us at the following email address: info@getmodernfertility.com at any time.

Terms of service

USE OF THE MODERN HEALTH WEBSITE (THE “MODERN FERTILITY SITE” OR “SITE”) SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.  PLEASE READ THESE TERMS CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS.  IN PARTICULAR, PLEASE READ THE SECTION TITLED GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION, WHICH REQUIRES ALL DISPUTES TO BE SETTLED BY INDIVIDUAL BINDING ARBITRATION.

The following Terms and Conditions of Use (“Terms” or “Terms of Use”) are applicable to the Modern Fertility Site. Hereafter in this documentation, Modern Fertility and its affiliates, partners, representatives, employees, and contractors will be referred to as “Modern Fertility,” “us,” or “we.”  Certain services of the Modern Fertility Site are provided to you in conjunction with our service providers, and their content providers, business partners and other parties (collectively, “Service Providers”).

By using the Modern Fertility , you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use or visit the Modern Fertility Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Modern Fertility site following the posting of changes to these Terms of Use (including Modern Fertility’s Privacy Policy) will constitute your acceptance to such changes.

Modern Fertility is not currently available in the States of New York, New Jersey, or Rhode Island.

Accessing site, use of content and account security

The Modern Fertility Site contains material, such as software, text, graphics, images, video, audio and other material (collectively, “Content”). The Content may be owned by us or may be provided through arrangements with others, including other users of the Modern Fertility Site, our Service Providers and their respective partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use.

The Site is owned and operated by Modern Fertility. No Content from the Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the expressed written permission of Modern Fertility, except that you may download or print one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Modern Fertility’s copyright and other proprietary rights and may be subject to civil and/or criminal penalties. If you violate any part of these Terms of Use, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.

The Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically authorized by Modern Fertility. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Site, which in Modern Fertility's sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (iii) any use of the Site which is unlawful or in violation of these Terms of Use.

We reserve the right to amend this Site and any other material or service we provide on the Site at our sole discretion without notice. We will not be liable if our site becomes unavailable at any time for any time period. We may restrict access at any time to our entire Site or parts of the Site.

Certain content and services offered on this site are only available to users who set-up an account and consent to a User Agreement. To access the site and some of the other services, you may be asked to provide certain registration information and other details. You agree that all information provided to the site is governed by our Privacy Policy and you consent to all actions we take with respect to our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your Account is personal to you and you agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We may rely on the authority of anyone accessing your Account or using your login credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. We may store, transmit, receive, and/or access your data on or from our own servers or those of our service providers which may be in or outside of the United States.

User content, communication, forums

You are responsible for all content that you post on, transmit through or download from the Site (“User Content”). User Content does not include Protected Health Information that you may provide or submit to us when requesting tests or Services.

“Public Forum” means a chat area, bulletin board, weblog, blog, posting or e-mail function offered as part of the Site. The Site may now or in the future permit, via Public Forums or other means, the submission of Content at the direction of users of the site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You shall be solely responsible for User Content you submit and the consequences of Modern Fertility’s or its Service Provider’s posting or publishing such User Content. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of Modern Fertility and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by Modern Fertility including, but not limited to any so-called “expert”, “moderator”, “blog-editor” or other individual functioning in a similar capacity. Modern Fertility reserves the right to remove or edit Content that we believe may be offensive to our audience and/or which violates our family-oriented standards. Please be advised that because of real-time circumstance, these materials may not always be able to be removed or edited in a timely fashion.

Modern Fertility is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum. Modern Fertility reserves the right to terminate your ability to access any of Public Forum for any reason and without notice.

By communicating in any Public Forum, you hereby represent that you have all necessary rights in the User Content, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading User Content to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) Modern Fertility and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition to the foregoing licenses, you hereby grant both Modern Fertility and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials in connection with other websites that make use of services provided by Modern Fertility’s Service Providers. You warrant that all so-called “moral rights” in those materials have been waived.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

WITHOUT LIMITATION OF THE FOREGOING, MODERN FERTILITY DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE MATERIALS CONTAINED THEREIN.

Copyright infringement notifications

If you are a copyright holder and believe that material directly available via the Site infringes your copyrighted work, please let us know by sending a notice with the following information addressed to info@getmodernfertility:

  • the copyright work alleged to have been infringed;
  • the allegedly infringing material and information reasonably sufficient to help us locate the material on the Site;
  • your contact information, including at least your complete name, address, phone number and email address;
  • a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • a statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
  • your physical or electronic signature.

Intellectual property rights

Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on this Site are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our applicable end user license agreement for such applications.
  • If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Site;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site; or,
  • Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

Prohibited uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site, including his or her ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

THIRD PARTY PRODUCTS, ADVICE AND SERVICES

We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on or through the Site. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party.

 We provide links to third party direction, location and map services solely as a convenience to our users, which are intended to be used solely for informational purposes. We make no warranties on the accuracy of their content, route usability, expeditiousness or road conditions (including whether there are obstructions, like tunnels or bridges that may inhibit certain vehicles from safely using a particular route.) You assume all risk of use.  Modern Fertility and its suppliers shall not be liable to you or any other person for any loss, damage or delay resulting from your use of these third party services.

We are not involved in any actual transaction between any user (including any so-called “expert”, “moderator”, “blog-editor” or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any user and third party relating to or arising out of any transaction between such parties. We urge users and third parties to cooperate with one another to resolve any such disputes.

Sharing data

 As part of preparing your results, a few different individuals will view your results and health history. For example, a certified medical professional reviews every results report before it is released.

External contractors and companies that provide necessary services may have access to some of your information. Stripe, which handles our payment processing, is a good example of this. Such vendors are required by law to protect the information we share with them. They do NOT have access to your results or health history.

Disclaimers

Merchant and service availability, price and time-related information appearing on the Site are subject to change. Modern Fertility is not responsible for any such changes and advises you to confirm all specific terms appearing on the or through the Site before acting in reliance on such terms.

Third-party products and services represented on the  Site are not necessarily endorsed or recommended by Modern Fertility and Modern Fertility disclaims all responsibility regarding the performance or the use of third-party products and services. Modern Fertility does not necessarily endorse or sanction the content, products or actions of websites that are linked to or from the Site.

THE MATERIALS ON AND AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MODERN FERTILITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MODERN FERTILITY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODERN FERTILITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN AND AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MODERN FERTILITY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnity and limitation of liability

You agree to indemnify and hold Modern Fertility (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or relating to your use of and access to the Site.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MODERN FERTILITY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN AND AVAILABLE THROUGH THE SITE, EVEN IF MODERN FERTILITY OR A MODERN FERTILITY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MODERN FERTILITY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

MODERN FERTILITY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Modern Fertility makes no representations or warranties about the following:

  • The Content provided on or through the use of the Site.
  • The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content on the Site.

Modern fertility is not a health care provider

The Content of the Site are for informational purposes only. The Site is designed to help support the health related choices that you make. These choices are yours and may require the advice of a health care provider. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment or recommendation regarding medication. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. The Site does not endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. The Site provides potential birth control methods and answers to related reproductive health questions based on the information you input.  The birth control methods the Site suggests are meant to be considered by you and your physician when you ultimately determine which birth control method to choose.  Reliance on any information provided by the Site is solely at your own risk.

Governing law, venue and dispute resolution

These Terms will be governed by the laws of the State of California, United States, without regard to conflict-of-law principles.  You agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the state and federal courts in San Francisco County, CA.

If you believe you have a dispute or claim against us arising out of your use of the Site or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.

If we are unable to resolve your concerns informally within 30 days after our receipt of your notice, you may file a claim in small claims court so long as you proceed only on an individual basis or commence an arbitration proceeding, which means YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL AND LEAD OR PARTICIPATE IN A CLASS ACTION.  The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”).  For the avoidance of doubt, you agree that YOU MAY ONLY BRING CLAIMS AGAINST MODERN FERTILITY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING.  Further, you agree that no arbitrator shall consolidate any other person’s claims with your claims and may not otherwise preside over any form of a multi-party or class proceeding.  You agree that the award of the arbitrator will be binding and may be entered as a judgment in any court of competent jurisdiction in the State of CA.  You agree that we may seek interim or preliminary relief from a court of competent jurisdiction in CA, necessary to protect its rights or property pending the completion of arbitration.

You must file a demand for arbitration with the AAA within ONE (1) YEAR after the date your claim arose, or within the shortest time period permitted by applicable law.  Otherwise, your claim is waived.

International users and visitors

The owner of the Site is based in the United States. We provide this Site for use only by persons located in the United States. We make no claims or representations that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Certain companies affiliated with us may provide services and operate websites which may be linked to from our Site and which are governed by their own terms of use and not these Terms of Use, and may be subject to laws of other local or international jurisdictions.

MISCELLANEOUS

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

These Terms may be subject to change; the result of any change will be reflected on these pages.