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The Fertility-Facts.com Website (the "Site") is an online
information service provided by SpecterWeb.com, LLC, subject to your compliance with the terms
and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
FERTILITY-FACTS.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright,
Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are Fertility-Facts.com,
SpecterWeb.com, their affiliates or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to Fertility-Facts.com a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services) you submit to
any public areas of the Site (such as bulletin boards, forums and newsgroups) or
by e-mail to Fertility-Facts.com by all means and in any media now known or
hereafter developed. You also grant to Fertility-Facts.com the right to use
your name in connection with the submitted materials and other information as
well as in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against Fertility-Facts.com for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to Fertility-Facts.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site
are the exclusive trademarks or service marks of Fertility-Facts.com. Other
product and company names mentioned in the Site may be the trademarks of their
respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by Fertility-Facts.com, Fertility-Facts.com does
not operate, control or endorse any information, products or services on the
Internet in any way. Except for Fertility-Facts.com - identified information,
products or services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that are not
affiliated with Fertility-Facts.com. You also understand that Fertility-Facts.com cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. FERTILITY-FACTS.COM PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD
TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND FERTILITY-FACTS.COM SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
FERTILITY-FACTS.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. FERTILITY-FACTS.COM HAS NO CONTROL
OVER, AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL FERTILITY-FACTS.COM BE LIABLE FOR
I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF FERTILITY-FACTS.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR
II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, FERTILITY-FACTS.COM LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Fertility-Facts.com makes
no representations whatsoever about any other website which you may access
through this one or which may link to this Site. When you access a non-
Fertility-Facts.com
web site, please understand that it is independent from Fertility-Facts.com,
and that Fertility-Facts.com has no control over the content on that website.
In addition, a link to a Fertility-Facts.com website does not mean that
Fertility-Facts.com endorses or accepts any responsibility for the content, or
the use, of such website.
3. Indemnification.
You agree to indemnify, defend and hold harmless
Fertility-Facts.com, its
officers, directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of Fertility-Facts.com and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on its own
behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the
laws of The United States of America applicable to agreements made and to be
performed in The United States of America. You agree that any legal action or
proceeding between Fertility-Facts.com and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively in
a federal or state court of competent jurisdiction sitting in Alabama in the United States
of America . Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. Fertility-Facts.com's
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. Fertility-Facts.com may assign its rights and
duties under this Agreement to any party at any time without notice to you. Any
rights not expressly granted herein are reserved.
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