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SSMR Web Site Terms & Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SSMR WEBSITE.

By using the SSMR Website (sometimes referred to as the Website), you agree to be bound by these Terms and Conditions of Use. If you do not agree to these terms of use, please do not use the Website. Whether or not you are an SSMR Member, each time you access this Website you are a Visitor. In these Terms and Conditions of Use you will be referred to as “you” or as a “Visitor.”

1.0 RESTRICTIONS ON USE OF THE WEBSITE

The SSMR is committed to providing information on a wide range of topics for the use of patients and health care professionals. The information available on the website is for informational purposes only, and is not to be used for commercial purposes. Visitors may not use the information gathered from this site to compile a mailing list or telephone call list for the purposes of surveys, dissemination of product information, commercial concerns, or any other reason. All SSMR materials are developed by SSMR committees, leadership and staff. No portion herein may be reproduced in any form without written permission from the American Society for Reproductive Medicine.

Although medical and health information is published on the SSMR Website, this is no substitute for proper medical advice, diagnosis, treatment or care. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. We encourage you to review all information on the Website and to consult your physician if you still have questions. In no event shall the SSMR be liable to Visitors or anyone else for any decision or action taken by you in reliance on information available on the SSMR Website.

There are portions of the SSMR Website that allow you to search for physicians or clinics with particular specialties (the “Directories”). Inclusion of a physician or clinic in a Directory does not constitute a recommendation of any specific physician or clinic. The Directories list physicians and clinics in specific locations and with a self-designated practice descriptors. Some physicians listing their practice description as Reproductive Endocrinology and Infertility have not completed certification with the American Board of Obstetrics and Gynecology in the Sub-Specialty of Reproductive Endocrinology and Infertility. The responsibility for selecting a physician and/or a clinic is and must remain that of the patient. We suggest that Visitors make their selection after conducting their own investigation and discussing their selection with a physician of their choice.

This Website contains material which is protected by copyright and trademark laws. Visitors may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any information, content or material from this Website. Visitors may download material from this Website only for their personal, non-commercial use, provided all copyright and other proprietary notices remain intact on all downloaded materials. You may not sell any of the information, content or materials from this Website for any reason.

Visitors agree to use the Website for lawful purposes only and further agree not to transmit through the Website any material which violates or infringes in any way upon the rights of others; which is obscene, threatening, abusive, defamatory, vulgar, pornographic, profane, indecent, invasive of privacy or publicity rights, or which is otherwise objectionable; or which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law. The SSMR may prohibit or enjoin any conduct or use of the Website by Visitors that restricts or prevents any other visitor from using or enjoying the SSMR Website, and the SSMR shall have the right to deny access to any Visitor that the SSMR deems unfit to use its Website for any reason. Notwithstanding the above, the SSMR has no obligation to monitor the use of the Website; however, it reserves the right to do so.

2.0 PRIVACY POLICY

SSMR is dedicated to protecting the privacy of Visitors to the SSMR Website and the particular medical interests of Visitors. This privacy policy applies to the SSMR Website. Once you enter another Website, via a link provided on the SSMR Website or by other methods, the SSMR is no longer responsible for the privacy practices of the linked site. You should review the privacy statements of those Websites as posted on the individual sites.

Information Collected

The SSMR reserves the right to monitor usage of the SSMR Website through Visitor Statistics. Visitor Statistics will be used to track SSMR online publications as well as visitor interests, which may be used to enhance and improve the SSMR Website in the future. Visitor Statistics do not include personally identifiable information. This Website does not track or gather information on a Visitor’s interests regarding particular medical condition(s). Cookie files placed on a Visitor’s machine are only for the purpose of enhancing navigation on the SSMR Website.

No personally identifiable information is tracked or collected for non-SSMR Members unless such Visitor voluntarily provides personally identifiable information to the SSMR via web forms or surveys on the SSMR Website or for purposes of receiving the SSMR’s online publications. SSMR Members are required to submit certain personally identifiable information as part of the membership application or membership renewal processes, and may voluntarily provide other personally identifiable information to the SSMR via web forms or surveys on the SSMR Website.

The SSMR maintains an online directory listing of all members and their contact information (the “Online Member Directory”). The Online Member Directory is available only to other members who have logged in to the “Members Only” portion of the website using their user ids and passwords. Use of the Online Member Directory is subject to certain restrictions that are posted with the Online Member Directory. If you are a member and prefer for your information not to be listed in the Online Member Directory, please notify the SSMR by email and we will remove your contact information from the Online Member Directory so that only your name is listed.

The SSMR may, on occasion, choose to share your personally identifiable contact information (such as your mailing address or your email address) with select third parties whose products or services the SSMR feels are consistent with the SSMR’s policies and practice standards and may be of interest to you. While many of the SSMR’s members and users of the Website find these mail or email promotions valuable, if you prefer not to have your personally identifiable contact information shared with third parties that the SSMR approves, please email SSMR and request that your name be deleted from such lists.

Credit Cards

Credit card information gathered through the SSMR Website for the purpose of purchasing products or membership is transmitted over a secure socket layer connection. Credit Card information is not stored or reused by SSMR after the requested purchase is complete. Only authorized SSMR personnel can access credit card information provided by the Visitor, and such access is made only at the Visitor’s request.

Children’s Privacy

The SSMR Website is not designed or intended to attract children under the age of 13. The SSMR does not collect any personally identifiable information, whether or not such information is voluntarily provided, from any person it actually knows is under the age of 13. If a parent or guardian accesses the SSMR Website on behalf of a person under the age of 13, that parent or guardian is responsible for protecting that child’s personally identifiable information.

3.0 DISCLAIMER

Although the SSMR makes every attempt to keep the information on the SSMR Website accurate and up-to-date, the SSMR cannot attest at all times to the accuracy and completeness of the information contained on this Website. ALL INFORMATION ON THE SSMR Website IS PROVIDED “AS IS” AND THE SSMR MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECTNESS OF THE INFORMATION AND MATERIAL CONTAINED ON THIS WEBSITE. THE SSMR EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE Website, THE MATERIAL AND INFORMATION ON THE WEBSITE OR VISITORS’ ABILITY TO ACCESS AND USE THE WEBSITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Nothing on this Website shall be deemed to create any contract between the SSMR and a Visitor or to give a Visitor any rights against the SSMR for damages of any kind, whether direct, indirect, or consequential.

All Website information is subject to change without prior notice. The SSMR makes no warranties or representations concerning the availability or functionality of information contained on its Website or that the Website will be accessible on an uninterrupted or error-free basis or that this Website, including the discussion lists, bulletin boards, chat rooms or the server will be free of viruses or other harmful components or programs.

This Website may contain health or medical related materials which Visitors may find sexually explicit. Opinions expressed in Discussion Forums or in other Visitor submissions to the Website are those of the Visitor posting such opinion and do not necessarily reflect the opinions or policies of the SSMR.

4.0 LIMITATION OF LIABILITY OF SSMR

The use of the SSMR Website and information contained on the Website is at Visitor’s own risk.

Under no circumstances shall the SSMR, its subsidiaries, affiliates, officers, directors, employees, agents or representatives be liable for direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the SSMR Website, even if the SSMR has been advised of such a possibility. If you are dissatisfied with any materials or information provided on the SSMR Website, your sole and exclusive remedy is to discontinue using the SSMR Website.

When you are using the Website, information that you submit will be transmitted via the internet and such transmission is beyond the control of the SSMR. SSMR assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Website.

5.0 VISITOR SUBMISSIONS TO THE WEBSITE

Confidential information of any type, including without limitation, personally identifiable information and/or patient identifiable information, should never be disclosed on the SSMR Website, including without limitation the Discussion Forums, because the Website is a public forum. Neither SSMR Members nor non-Member physicians or health care providers who are visiting the SSMR Website should, under any circumstances, disclose any information that could directly or indirectly lead to the identification of a client/patient and such physician or health care provider Visitors should only disclose the information necessary to receive helpful consultation from other health professionals.

In addition to the restrictions set forth above in the section entitled Restrictions on Use of the Website, Visitors agree not to upload or transmit any information of any type that infringes or violates any rights of a third party. By posting messages, uploading files, inputting data, or engaging in any other forms of communication through this Website, you are granting the SSMR a royalty-free, perpetual, non-exclusive, unrestricted worldwide license to use, copy, publish, sublicense, adapt, transmit and display any such communication or to sublicense third parties to exercise any of the foregoing rights.

Visitors agree not to upload to or transmit via the SSMR Website any material for a commercial or business purpose. Visitor specifically acknowledges and agrees that the SSMR is not liable for postings by any Visitors that are in violation of these Terms and Conditions of Use.

Visitors acknowledge and agree that the SSMR has no obligation to monitor Visitor submissions to the Website; however, the SSMR reserves the right to monitor such submissions to record any such submissions, to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any submitted information or materials, in whole or in part, that, in the SSMR’s sole discretion, are objectionable, in violation of the law, or in violation of these Terms and Conditions of Use.

6.0 LINKS

The SSMR has not reviewed the contents of external Websites listed on the SSMR Website, nor can the SSMR endorse such Websites or the views expressed within. The SSMR is not responsible for the contents, truthfulness or propriety of any links to or from the SSMR Website. Visitors acknowledge and agree that the SSMR is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, content, goods, or services available on or through any such linked site.

7.0 INDEMNITY

Visitors agree to defend, indemnify, and hold the SSMR, its officers, directors, employees, agents, and representatives harmless from and against any claims, actions, causes of action, demands, liabilities or settlements, including without limitation attorneys’ fees (collectively the “Claims”), resulting from, or alleged to result from, Visitor’s violation of these Terms and Conditions of Use, including without limitation, Claims arising out of or resulting from Visitor’s submission of personally identifiable information or personal health information of the Visitor or any third party.

8.0 GENERAL INFORMATION

The Terms and Conditions of Use and Visitor’s use of the SSMR Website shall be governed by and construed in accordance with the laws of the State of Alabama without regard to its conflict of law provisions.

By using this Website, Visitor agrees that any dispute arising out of or in conjunction with the SSMR Website shall be subject to the exclusive jurisdiction of and venue in the state or federal courts sitting in Cook County, Illinois.

The failure of the SSMR at any time to enforce any provision of these Terms and Conditions of Use shall not constitute a waiver of such provision or of any other provision hereof or of the SSMR’s right to thereafter enforce any provision hereof.

If any provision of these Terms and Conditions of Use is determined by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be deemed severed from these Terms and Conditions of Use and the remainder of the provisions shall remain in full force and effect.

These Terms and Conditions of Use represent the entire agreement between you, the Visitor, and the SSMR with regard to use of this Website. These Terms and Conditions of Use can be altered or amended at any time, without notice, by the SSMR by posting such changes to this Website.

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