Last Modified: 11/03/2023
Use Of Site
Use And Disclosure Of Your Personal Information
Consent To Our Communication With You By Email
By supplying your email to us on the Site, you grant permission for the Company to contact you at your e-mail address. To stop receiving our marketing emails, please follow the opt-out procedures set forth in such marketing emails.
Modifications To Prices Or Billing Terms
Prices stated on the Site are for illustrative purposes only. The Company shall have the right to refuse or cancel any requests for services listed at an incorrect price, rebate or refund, or containing any other incorrect information or errors. THE COMPANY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE THEIR PRICES AND BILLING METHODS FOR PRODUCTS SOLD OR SERVICES RENDERED, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY EMAIL OR OTHER WRITTEN MEANS OF DELIVERY.
Website Information And Copyrighted Materials
While the Company maintains copyright protection of all materials, information, publications, media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content it places on the Site (collectively, “website information”), the Company consents to downloading, copying and distribution of such website information for non-commercial purposes by you only. Website information also includes, but is not limited to, the design, selection, arrangement, and coordination of materials on the Site which are owned or licensed by or to the Company, all of which are protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. In consideration of this consent, you agree that copies of the website information will retain all copyright and other proprietary notices, and that you will not modify the website information in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any website information, in whole or in part, without the prior written consent of the Company.
Use Of The Site And Site Information
Certain information available on the Site is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, photographs, graphics, video, messages, or other mediums, are the sole responsibility of the originating party, and that the Company has any responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a web link to another party’s website an endorsement of such other party, their products or services.
You may not use any of the Company’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to: (1) imply affiliation with or endorsement or sponsorship by the Company; (2) cause puffery, malice, or deception; (3) dilute the Company’s trademarks, service marks or trade names; or (4) otherwise violate applicable laws or regulations.
The Company makes no representations or promises to develop, provide or make available any services or products discussed on the Site or accept any particular client(s), and you shall not rely on the information provided or the prospect of availability of any services or products currently under consideration or medical evaluation, or anticipated to be made available in the future.
Information You Provide To Us And Other Covenants
You agree that you are solely responsible for the accuracy and content of the information you supply and for the accuracy and content of any modifications you make to any material you provide to us in connection with the Site. You agree not to supply any information that you do not have the legal right to supply to us or that otherwise infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal. You also agree:
- not to alter or remove any of the information or content on the Site;
- not to upload, attach or otherwise distribute on or through the Site any malicious or harmful computer code or files or links to malicious or harmful computer code or files;
- not to use the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to any other users of the Site, the Site themselves or the Company, service providers, other end users, members, managers, officers, directors or employees;
- not to disguise the origin of information transmitted to, from or through the Site;
- that you shall comply with all applicable laws and regulations regarding your access to and use of the Site.
Limitation Of Liability
NOTWITHSTANDING ANY OTHER PROVISION HEREIN TO THE CONTRARY, IN NO EVENT SHALL THE COMPANY, OR THEIR RESPECTIVE MANAGERS, MEMBERS, EMPLOYEES, OFFICERS OR DIRECTORS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE PUBLICATION, DELIVERY OR USE OF THE INFORMATION AVAILABLE THROUGH THE SITE. NONE OF OUR EMPLOYEES, AGENTS OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE.
Consumer Rights Information (California Civil Code Section 1789.3)
This notice is for users of the Site residing in the State of California. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
6720 N Scottsdale Rd #160
Scottsdale, AZ 85253
Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by email at Communications@PinnacleFertility.com.
In addition to any excuse provided by applicable law, the Company shall be excused from liability for non-delivery or delay in delivery of products and service available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.