Website Terms of Use

Welcome to the website for Huntington Reproductive Center/ HRC Fertility’s  (“HRC,” “we,” “us,” and “our”) website, www.havingbabies.com (the “Website”). Your use of our Website is subject to the following Terms of Use (“Terms”) and our website Privacy Policy which can be found here: (WEBSITE PRIVACY POLICY). Please read these Terms carefully before using our Website. If you do not agree to these Terms, please do not use our Website.

PLEASE BE ADVISED THAT THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND HRC, AND YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS. THESE TERMS CONTAIN PROVISIONS THAT WILL GOVERN HOW DISPUTES BETWEEN YOU AND US WILL BE RESOLVED, AND THEY INCLUDE A WAIVER OF A JURY TRIAL AND A WAIVER OF YOUR ABILITY TO BRING A CLASS ACTION LAWSUIT AGAINST US. PLEASE READ THESE TERMS TO UNDERSTAND WHAT YOU ARE AGREEING TO BEFORE USING THE WEBSITE.

ADDITIONALLY, OUR WEBSITE IS ONLY INTENDED FOR PERSONS 18 YEARS OF AGE OR OLDER, IF YOU ARE UNDER THE AGE OF 18, PLEASE EXIT THIS WEBSITE AND STOP USING IT. YOUR USE OF THE WEBSITE CONFIRMS THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. CONSTITUTES YOUR ASSERTION THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

I. ABOUT US

HRC has been helping hopeful parents build families since 1988. Our fertility specialists are recognized throughout the world as leaders in patient care, innovation, and research. We strive to provide world class service and surgical facilities to our Patients; and management, laboratory, and surgical facilities support to their healthcare providers, while respecting their privacy throughout the journey.

II. NO MEDICAL ADVICE. The contents of the Website are for informational purposes only. None of the content or information on this Website is medical advice or meant to provide any diagnosis or treatment of any medical condition, including infertility. Additionally, the information contained on this Website is NOT a substitute for professional medical advice, diagnosis, or treatment, and does not provide or act as a substitute for a formal medical consultation with a medical professional.

If this is a medical emergency, stop using this WEBSITE AND CALL 911.

If you have a medical condition that necessitates treatment or you have questions about your health, you should  seek the advice of your physician or other qualified medical or health provider. We cannot and do not provide any general medical advice, or specific advice or opinions regarding your health and/or a medical condition that you may be dealing with Any testimonials that you may read, or any questions and answers that may be posted on our Website, is meant for informational purposes only and should not be relied on as medical advice, diagnosis or treatment. Every patients situation is different, and even if a story reproduced on our Website sounds familiar to your personal situation, you still need to be seen by a medical professional so they can diagnose and treat your medical condition.

If you decide to ignore this warning and rely on any information provided on this Website, you do so at your own risk.

Please note that even if you provide your personal information via this Website, it does not intended to create nor does it create a physician-patient relationship between you and HRC or its affiliates. HRC or any medical professionals associated with HRC. This includes making an appointment with us. The act of simply making an appointment with an HRC medical professional does not create a physician-patient relationship.

III. POTENTIAL EXPLICIT CONTENT. HRC helps hopeful parents build their families. Because of the nature of our work, our Website may contain certain health- or medical-related informational materials which you may find to be sexually explicit or otherwise offensive.

IV.  ACCURACY OF INFORMATION. We do our best to be as accurate as possible with the information contained on our Website, however, we don’t always get it right and mistakes can be made. So, to the fullest extent permitted by applicable law, we do not warrant or represent, either expressly or tacitly, the accuracy, completeness, usefulness, timeliness, reliability, or adequacy of any the resources, information, apparatus, product, or process available at or from this Website.

V.  PRIVACY POLICY. We respect your privacy and only obtain personal information that is absolutely necessary to provide our products and services to you.  You can learn more about our privacy practices for this Website here: (PRIVACY POLICY).  If you become one our valued patients, you will receive our privacy notice for patients at the time you become one.

VI.  PATIENT ACCOUNTS. If you are one of our patients and have created an account(s) with us, these Terms govern your use of that account(s) as well. You must complete the registration process by providing complete and accurate information as requested. Additionally, you will also be asked to create a user name and password. We ask that you follow optimum  password safety guidelines when you create your password, and that you keep your password(s) confidential. We do not allow anyone to share accounts, and you may not use the account, username, or password of another patient at any time.

Additionally, we take cybersecurity very seriously and we ask that you notify us immediately if you notice any problems with your account, or you learn of any unauthorized use of your account, user name, or password.

VII.  POSTED CONTENT. If you post any content, including questions, to our Website, you grant us a non-exclusive license to display and use the content on our Website. Additionally, by posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting HRC, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of HRC, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. Further, you agree that we may publish or otherwise disclose your name in connection with your User Content, and you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

Finally, if you provide us with suggestions, product ideas, changes or improvements to existing products, or any other feedback or suggestions about our products and services, we may or may not review and consider the same, but we reserve the right to use the same freely without any restrictions, credit to you, or compensation to you. Additionally, we are under no obligation to keep any such suggestions, ideas, or feedback confidential.

VIII.  COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. Your use of this Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You also agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content that you provide or transmit, or that is provided or transmitted using your user name or account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

IX.  INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. HRC reserves the right to terminate your access to our Website for any reason, including the receipt, transmission, or other distribution of any inappropriate content, and we will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

X.  DMCA – COPYRIGHT COMPLAINTS. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; Your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached by writing to: Legal Department HRC Fertility, 135 S. Rosemead Blvd., Pasadena, CA 91107. . Fertility8. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at: Legal Department, HRC Fertility, 135 S. Rosemead Blvd., Pasadena, CA 91107.

XI.  USE OF CONTENT. With regards to content that you are viewing on our Website and your overall use of our Website, we provide you with a limited, a royalty-free, non-exclusive, nontransferable, right and license to access our Website and for you to view, download, or print materials from our Website for your own personal and non-commercial use (provided all original copyright, trademark, and other notices are preserved in their original form) (“Limited License”). This Limited License does not include any rights not specifically stated herein. Your use of our Website does not grant, license, or transfer to you any ownership or other rights in our Website content (including without limitation the Content and Trademarks), and except as expressly provided, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of HRC’s or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter, offer for sale, or enhance any of the Website or its Content in any manner whatsoever.

Automatic or any form of web scrapping to capture or copy the contents of our Website is strictly forbidden.

Images of people or places displayed on the Website are either owned by HRC or used with the permission of the image owner. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Similarly, the trademarks, logos, and service marks (collectively the “Trademark(s)”) displayed on the Site (including HRC FERTILITY) are registered and unregistered Trademark(s) of HRC or others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) displayed on the Website without our written permission or the owner for such Trademark if we are not such owner.

Any rights not expressly granted to you in these Terms are expressly reserved by HRC. For greater certainty, you agree that you will not take any action that is inconsistent with HRC’s exclusive ownership of this Website, nor our ownership of, or any third party’s ownership of, any Website content (including without limitation the Content and Trademarks). If you believe that any of your copyrighted material has been copied and posted to this Website in a way that infringes on your copyright, please see Section XI above for more information on how to contact us to remove the same.

XII.  ELECTRONIC COMMUNICATIONS. The information communicated on this Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

XIII.  MOBILE FEATURES. We may offer features and services that are available to you via your mobile phone. These features and services may include, without limitation, the ability to browse our Website from your mobile device, upload content to our Website, receive messages from our Website, download applications to your mobile phone or access Website features (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier when you use the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions on how to opt-out of certain Mobile Features will be disclosed in connection with those Mobile Features. The instructions will typically require you to text a keyword (e.g., “STOP,” “CANCEL,” “END,” “UNSUBSCRIBE,” “QUIT,” etc.) to the applicable shortcode for the Mobile Feature.

XIV.  TERMINATION OF ACCESS TO THE WEBSITE AND/OR YOUR ACCOUNT. HRC reserves the right to terminate your use of our Website at any time, for any or no reason. If you have an account(s) with us, we will terminate your access to the account if you violate these Terms or are shown to have shared your user name and password with a third party. If you are a patient, we will provide you notice before your account(s) is terminated and access to your medical records so you may bring them with you to a new provider if needed.

XV.  DISCLAIMER OF WARRANTIES.  HRC DISCLAIMS ANY AND ALL WARRANTIES AND MAKES THIS WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HRC DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR EXPECTATIONS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. HRC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS (INCLUDING ERRORS OR OMISSIONS), CURRENTNESS OR TIMELINESS OF THE CONTENT, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE SITE.

XVI.  LIMITATION OF LIABILITY

HRC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO OUR WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. THE TERMS IN THIS SECTION ARE VALID ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

XVII.  LINKING TO OTHER WEBSITES. HRC has no responsibility and assumes no liability for any unaffiliated sites to which this Website is linked to or from, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Website or posted to this Website by anyone other than HRC. We may permit some links for convenience, but it is not an endorsement by HRC, our affiliates or our partners of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked sites may differ from those of HRC and should be reviewed by you when you use the link to access the other site. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you agree to immediately remove such link. If at any time you connect  to this Website with a third-party service (e.g., Facebook), You give us permission to access and use information, content and/or material you have supplied to that service as permitted by that service, and to store your log-in credentials for that service, if applicable.

XVIII.  PROHIBITED USES. You are prohibited from violating or attempting to violate any security features of our Website or its services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; or (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form of any of the source code used by HRC to provide the Website. Any violation of system or network security may subject you to civil and/or criminal liability.

XIX.  INDEMNIFICATION. You agree to indemnify, defend, and hold harmless, HRC, its affiliates, parent, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Website from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

This provision does not require you to indemnify us for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.

XX.  JURISDICTION; ARBITRATION AGREEMENT.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

WE BOTH AGREE TO ARBITRATE: You and HRC agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or we must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this Arbitration Agreement shall be held in the United States in Los Angeles, California under California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and HRC, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HRC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS ARBITRATION AGREEMENT.

OPT-OUT OF ARBITRATION AGREEMENT: You can decline this Arbitration Agreement by sending your declination in writing to: Legal Department, HRC Fertility, 135 S. Rosemead Blvd., Pasadena, CA 91107 and providing the requested information as follows: (1)your Name; (2) the URL to these Terms; (3) your Address; (4) your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Conditions. The Opt-Out Notice must be mailed no later than 30 days after the date you first accept the Terms by using the Website.

CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Arbitration Agreement permits the parties to litigate in court, these Terms shall be governed by the laws of California as if the Terms were a contract wholly entered into and wholly performed within California. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in Los Angeles County, California, or (ii) the Central District of California, Western Division.

XXI.  SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and consented to by an authorized representative of the waiving party.

XXII.  CALIFORNIA USE ONLY. The Website is controlled and operated by HRC from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Website should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

XXIII.  CHANGES TO THESE TERMS. We reserve the right, in our sole discretion, to change these Terms at any time by posting the changes on the Website and revising the Last Updated date at the top of these Terms. Any changes are effective immediately upon posting to our Website. If you do not agree with any of the changes you should stop using our Website.

XXIV.  CONTACT US. If you have any questions or concerns about our Website or any of these Terms, or anything else about HRC, please contact us at: Legal Department, HRC Fertility, 135 S. Rosemead Blvd., Pasadena, CA 91107.