Terms of Use

Last Updated: November 1, 2024 

These Terms of Use (“Terms”) are entered into by and between you and Ovation Fertility and its managed IVF laboratories (collectively, “Ovation,” “we,” “our” or “us”) and govern your access to and use of www.OvationFertility.com (the “Website”), including any content, functionality, and services offered on or through the Website. 

Please read these Terms carefully. By using the Website, or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, you cannot use the Website.  

SECTION 15 OF THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND WE ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. 

Privacy 

Please review our Privacy Notice for information about how we collect and use your personal information. 

Changes to These Terms 

We may revise and update these Terms from time to time in our sole discretion. Any changes to these Terms are effective upon posting to the Website, and your continued use after a change has been posted constitutes your acceptance of the changes unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. We encourage you to review these Terms regularly to determine if any changes have been made. 

THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE 

THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR HEALTHCARE PROVIDER REGARDING QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTHCARE DECISIONS. 

Reliance on Information Posted 

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 materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. 

Changes to the Website 

We may update the content on the Website from time to time, but its content is not necessarily complete or current. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.  

Ownership of the Website and Content 

The Website and all information and content included on the Website are the exclusive property of Ovation or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. 

Trademarks  

The Ovation name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ovation or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. 

Your Use of the Website  

These Terms permit you to access and use the Website for your personal, non-commercial use only. You agree not to (a) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or reverse-engineer the Website or any of the material on our Website, (b) use materials, products or services available on the Website in violation of any law, (c) impersonate or attempt to impersonate Ovation, any Ovation employee or any other person or entity (including, without limitation, by using email addresses associated with Ovation, or (d) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined in our sole discretion, may harm Ovation or other users of the Website or expose them to liability. 

Additionally, you agree not to, or permit or direct any other person to: 

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website. 

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent. 

  • Use any device, software, or routine that interferes with the proper working of the Website. 

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website are stored, or any server, computer, or database connected to the Website.  

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 

  • Otherwise attempt to interfere with the proper working of the Website. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or otherwise engaged in conduct in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  

Termination 

We have the right to terminate or suspend your access to all or part of the Website at any time for any reason without notice. 

Links from the Website 

If the Website contain links to third-party sites or resources, these links are provided for your convenience only. We do not control or endorse these third-party sites 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 the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

Disclaimer of Warranties 

THE WEBSITE AND THE INFORMATION AND CONTENT ON THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. OVATION, ITS AFFILIATES, AND ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. IF THIS IS THE CASE, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE. 

Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OVATION, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT SHALL BE TO DISCONTINUE USING THE WEBSITE. 

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. 

Indemnification 

You agree to defend, indemnify, and hold harmless Ovation, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including any use of the Website’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website. 

Governing Law and Jurisdiction 

You agree that the laws of the State of Delaware will govern these Terms and any dispute that may arise between you and Ovation or its affiliates related to your use of the Website, without regard to conflicts of laws provisions. 

Dispute Resolution 

You and we both agree to provide written notice of any disputes to the other party and try to resolve any disputes informally in good faith arising from your use of the Website. If any dispute is not resolved within 30 days of a party providing notice to the other party, the dispute will be resolved through individual, non-representative, binding arbitration conducted in English, instead of a proceeding in courts of general jurisdiction. Any disputes will be decided by a single arbitrator and will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures and as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request your or our request that an in-person hearing is appropriate. Any in-person appearances will be held in Delaware. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses. 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

YOU AND WE EXPRESSLY WAIVE THE RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION. Notwithstanding the parties’ decision to resolve all disputes through arbitration, we may bring an action in a state or federal court to protect our intellectual property rights. Seeking such relief shall not waive our right to arbitration under these Terms. 

Waiver and Severability 

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. 

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.  

Geographic Restrictions 

Ovation is based in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

Entire Agreement 

These Terms constitute the sole and entire agreement between you and Ovation regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.  

Contact Us 

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: media@OvationFertility.com.