Website Terms of Use

These Website Terms of Use (“Terms“) govern your access to and use of the websites, mobile applications, patient-facing digital tools, and related online services operated by or on behalf of HRC Fertility (collectively, the “Services“). As used in these Terms, “HRC,” “we,” “us,” and “our” refer to HRC Fertility and, where applicable, its affiliates that operate the Services.

These Terms are important and affect your legal rights. Please read them carefully, including the arbitration and class action waiver provisions in Section 16.

PLEASE BE ADVISED THAT THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HRC REGARDING YOUR ACCESS TO AND USE OF THE SERVICES. SECTION 16 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT HOW CERTAIN DISPUTES BETWEEN YOU AND HRC WILL BE RESOLVED. PLEASE READ THESE TERMS, INCLUDING SECTION 16, CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

By accessing, browsing, or using the Services, you acknowledge that you have read and agree to be bound by these Terms and all terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services.

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services. By accessing or using the Services, you represent that you are at least 18 years old and legally capable of entering into these Terms. If you access or use the Services on behalf of another person or legal entity, you represent that you have authority to bind that person or entity to these Terms.

Your use of the Services is also subject to our Privacy Policy, available at https://www.havingbabies.com/privacy-policy/.

We may revise these Terms from time to time. Except where applicable law requires otherwise, your continued use of the Services after the revised Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you should discontinue your use of the Services.

HRC Fertility has helped individuals and families pursue their family-building goals since 1988.

The Services may provide information about fertility care, reproductive health, HRC-affiliated locations, healthcare providers, treatment options, scheduling, and other healthcare-related topics. However, the Services themselves are digital and informational services and are distinct from medical or clinical services provided by licensed healthcare professionals.

Medical and clinical services are provided by licensed healthcare professionals and applicable professional medical entities identified in connection with those services. Nothing in these Terms alters the professional obligations of a healthcare provider or governs the provision of medical or clinical care.

Except for communications expressly provided to you by your healthcare provider in the course of an established treatment relationship, content made generally available through the Services is provided for informational and educational purposes only. It is not intended to constitute medical advice, diagnosis, or treatment and should not be relied upon as a substitute for consultation with a qualified healthcare professional familiar with your individual circumstances.

Testimonials, patient stories, frequently asked questions, general educational information, and similar content are provided for informational purposes only. Individual experiences and treatment outcomes vary.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, STOP USING THE SERVICES AND CALL 911 OR SEEK APPROPRIATE EMERGENCY MEDICAL CARE.

If you have questions regarding your health, diagnosis, treatment, medications, symptoms, or medical condition, you should contact an appropriate healthcare professional.

Your use of the Services, including submitting information, requesting an appointment, scheduling an appointment, or creating an online account, does not, by itself, establish a physician-patient relationship with HRC or any healthcare provider. Whether and when a physician-patient relationship is established is determined by the circumstances surrounding the provision of professional medical services and applicable law.

These Terms govern your use of the Services.

Certain portions of the Services may require you to create or use an account.

You agree to provide accurate, current, and complete information when creating or using an account and to update such information as reasonably necessary.

Each account is intended for use only by the individual authorized to access it, except where HRC expressly permits proxy, caregiver, guardian, or other authorized access. You are responsible for maintaining the confidentiality of your username, password, authentication credentials, and other account information.

You may not access another person’s account without authorization or permit another person to use your account except through functionality expressly authorized by HRC.

You agree to notify us promptly if you know or reasonably suspect that your account or credentials have been accessed or used without authorization.
We may suspend or restrict account access when reasonably necessary to protect you, HRC, other users, healthcare providers, or the security or integrity of the Services.

Suspension or termination of access to an account does not affect any rights you may have under applicable law to request or obtain copies of your medical records.

Our Privacy Policy describes how we collect, use, disclose, and otherwise process personal information in connection with the Services. Please review our Privacy Policy at https://www.havingbabies.com/privacy-policy/.

If you become a patient of a healthcare provider or medical practice subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA“) or other applicable health privacy laws, you may also receive a separate Notice of Privacy Practices describing how your protected health information may be used and disclosed and describing your rights with respect to that information.

The Privacy Policy and any applicable Notice of Privacy Practices serve different purposes. To the extent protected health information is governed by HIPAA or another applicable health privacy law, it will be handled in accordance with applicable law and the applicable Notice of Privacy Practices.

Nothing in these Terms is intended to limit any privacy right available to you under applicable law.

When you communicate with us electronically, including through the Services or by email, you consent to receive electronic communications from us to the extent permitted by applicable law. You agree that electronic notices and communications may satisfy legal requirements that communications be in writing, except where applicable law requires another form of notice or consent.

Electronic communications may involve privacy and security risks. Certain communications containing sensitive or protected health information may be transmitted through secure systems.

Applicable law may also provide patients with rights concerning the manner or location at which certain communications are received.

Where you provide your mobile telephone number and affirmatively opt in, you agree to receive text messages from HRC Fertility consistent with the consent you provide.

SMS communications may include appointment reminders, appointment confirmations, scheduling updates, follow-up messages, informational communications, and, where you have separately consented to receive them, marketing, promotions, or offers.

Consent to receive marketing or promotional text messages is not a condition of receiving medical care or purchasing goods or services. If you do not wish to receive SMS messages, you may choose not to check the applicable SMS consent box.

Message frequency varies and may include multiple messages per week. Message and data rates may apply depending on your carrier and service plan, including when messages are sent or received internationally.

You may opt out of receiving SMS messages at any time by replying STOP to an applicable message or by contacting HRC directly to request removal from the applicable messaging program. After you opt out, you may receive a final message confirming your opt-out.

For assistance, reply HELP to an applicable SMS message or contact HRC at 866-HRC-4IVF.

Information obtained specifically as part of the SMS consent process will not be shared with third parties for their own marketing purposes. Our collection, use, disclosure, and protection of personal information otherwise remains subject to our Privacy Policy.

Additional information regarding our privacy practices and SMS terms is available in our Privacy Policy and these Terms of Use.

Unless otherwise indicated, the Services and the content and materials made available through them, including text, graphics, photographs, images, videos, software, designs, logos, trademarks, service marks, and the selection and arrangement thereof (collectively, “Content“), are owned by or licensed to HRC and are protected by applicable intellectual-property laws.

Subject to these Terms, HRC grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services and Content for your personal, non-commercial purposes.

Except as expressly authorized by HRC or permitted by applicable law, you may not:

• reproduce, distribute, publicly display, publicly perform, sell, license, or commercially exploit the Services or Content;
• modify or create derivative works from the Services or Content;
• use robots, spiders, scrapers, automated extraction tools, or similar technologies to access, collect, copy, or extract Content or data from the Services;
• reverse engineer, decompile, disassemble, or attempt to derive source code from software comprising the Services;
• remove or alter copyright, trademark, or other proprietary notices;
• use the Services in a manner that infringes the rights of HRC or any third party; or
• use the Services for any unlawful purpose.

All rights not expressly granted to you are reserved by HRC and its licensors.

HRC Fertility, HRC logos, and other names, logos, product or service names, designs, and slogans appearing through the Services are trademarks or service marks of HRC, its affiliates, licensors, or other third parties.

Nothing in these Terms grants you any right or license to use any such mark without the prior written permission of its owner.

Certain portions of the Services may permit users to submit, post, upload, transmit, or otherwise provide content intended for display or interaction through the applicable feature (“User Content“).

You retain ownership of your User Content.

To the extent you intentionally submit User Content for public or community display, you grant HRC a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, and otherwise use that User Content as reasonably necessary to operate, provide, maintain, and improve the applicable feature of the Services.

For clarity, this User Content license does not apply to medical records, protected health information submitted through a patient portal, communications between you and a healthcare provider concerning your care, information submitted for purposes of treatment, payment, or healthcare operations, or other information designated by HRC as private or confidential. Such information will be handled in accordance with applicable law and applicable privacy notices and patient agreements.

You represent that you have all rights necessary to submit User Content and that your User Content does not violate applicable law or the rights of another person.

You may not knowingly submit User Content that:

• is unlawful, fraudulent, threatening, abusive, defamatory, obscene, or otherwise unlawful;
• infringes intellectual-property, privacy, publicity, or other rights;
• contains malicious software, viruses, or harmful code;
• impersonates another person or misrepresents your affiliation with another person or entity; or
• constitutes unauthorized advertising, spam, or solicitation.

We may remove or restrict User Content when we reasonably believe doing so is necessary to enforce these Terms, comply with law, protect users, or protect the integrity of the Services.

If you voluntarily provide ideas, suggestions, comments, or other feedback regarding the Services (“Feedback“), you agree that HRC may use that Feedback for lawful business purposes without restriction, attribution, or compensation to you.

Do not provide Feedback that you consider confidential or proprietary.

This Section does not apply to medical records, protected health information, patient communications, or other information provided in connection with your medical care.

HRC respects intellectual-property rights.

If you believe that material available through the Services infringes a copyright that you own or control, you may submit a notice under the Digital Millennium Copyright Act (“DMCA“) containing the information required by applicable law to:

HRC Fertility
ATTN: Legal Department
135 S. Rosemead Blvd.
Pasadena, CA 91107

A DMCA notice generally should identify the copyrighted work claimed to have been infringed, identify the allegedly infringing material and its location, provide sufficient contact information, contain the required good-faith and accuracy statements, and include the physical or electronic signature of the copyright owner or an authorized representative.

HRC may remove or disable access to allegedly infringing material and, where appropriate, terminate repeat infringers.

The Services may contain links to websites, applications, platforms, products, or services operated by third parties.

HRC does not control and is not responsible for third-party services, content, privacy practices, security practices, products, or services merely because the Services contain a link to them.

A link does not necessarily constitute HRC’s endorsement of the third party or its products or services.

Your use of third-party services is subject to the terms and privacy practices of the applicable third party.

You may not use or attempt to use the Services to:

• access accounts, systems, networks, information, or data that you are not authorized to access;
• probe, scan, or test the vulnerability of a system or network without authorization;
• circumvent security, authentication, access-control, or technological measures;
• interfere with or disrupt the operation or security of the Services;
• transmit malware, viruses, malicious code, or other harmful material;
• overload, flood, spam, or otherwise impair the Services;
• obtain information through means not intentionally made available through the Services;
• impersonate another person or misrepresent your identity or authority;
• violate applicable law or the rights of another person; or
• encourage, assist, or enable another person to engage in prohibited conduct.

HRC may investigate suspected violations and cooperate with governmental or law-enforcement authorities as required or permitted by applicable law.

We strive to provide useful and accurate information, but information made generally available through the Services may occasionally contain errors, omissions, or outdated information.

To the fullest extent permitted by applicable law, HRC does not warrant that general Content will always be accurate, complete, current, or error-free.

HRC may modify, suspend, restrict, or discontinue all or any portion of the Services at any time, subject to applicable law.

Nothing in this Section modifies the standard of care or other legal obligations applicable to healthcare professionals in connection with the provision of medical services.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND GENERAL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HRC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

HRC does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that defects will always be corrected.

THIS DISCLAIMER RELATES TO THE DIGITAL SERVICES AND GENERAL CONTENT GOVERNED BY THESE TERMS. IT DOES NOT DISCLAIM OR LIMIT ANY DUTY OR STANDARD OF CARE APPLICABLE TO MEDICAL OR CLINICAL SERVICES PROVIDED BY A HEALTHCARE PROFESSIONAL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HRC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, USE, OR DATA, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF HRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HRC’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply only to claims arising out of or relating to the digital Services governed by these Terms.

Nothing in these Terms excludes or limits liability to the extent it cannot lawfully be excluded or limited, including liability arising from fraud, intentional misconduct, recklessness, gross negligence, personal injury where such limitation is prohibited by law, or rights or remedies that cannot be waived under applicable consumer-protection or other law.

PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE CLAIMS EXPRESSLY EXCLUDED BELOW, YOU AND HRC AGREE THAT DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. BY ACCESSING OR USING THE SERVICES, YOU AND HRC EACH WAIVE THE RIGHT TO A JURY TRIAL AND, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Except for the excluded claims identified below, you and HRC agree that any dispute, claim, or controversy arising out of or relating to these Terms or your access to or use of the Services will be resolved through final and binding individual arbitration.

THIS ARBITRATION AGREEMENT APPLIES TO DISPUTES CONCERNING THE DIGITAL SERVICES GOVERNED BY THESE TERMS.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

The arbitration will be administered by JAMS before a single neutral arbitrator in accordance with the JAMS rules applicable to the dispute, including the JAMS Consumer Arbitration Minimum Standards where applicable.

If these Terms conflict with a mandatory provision of the applicable JAMS rules or Consumer Arbitration Minimum Standards, the applicable JAMS provision will control.

Information about JAMS and its rules is available at https://www.jamsadr.com/.

Any in-person arbitration hearing will occur at a location reasonably convenient to you and consistent with the applicable JAMS rules and Consumer Arbitration Minimum Standards, unless you and HRC agree otherwise.

Where permitted by the applicable rules and the arbitrator, proceedings may be conducted remotely, by videoconference, telephone, document submission, or another appropriate means.

Payment of filing, administration, case-management, and arbitrator fees will be governed by the applicable JAMS rules and Consumer Arbitration Minimum Standards.

HRC will pay those fees that applicable JAMS consumer standards require HRC to pay.

Nothing in this Section requires a consumer to pay fees or costs prohibited by applicable law.

Each party will otherwise bear its own attorneys’ fees and costs except where applicable law, these Terms, or the arbitrator permits or requires an award of attorneys’ fees or costs.

The arbitrator may award on an individual basis any remedy or relief that would otherwise be available to the individual party under applicable law, subject to these Terms.

The arbitrator will issue a written award stating the disposition of the claims and the essential findings and conclusions on which the award is based.

Judgment on an arbitration award may be entered in any court having jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HRC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless you and HRC agree otherwise, the arbitrator may not consolidate the claims of more than one person or preside over a class or representative proceeding.

Notwithstanding the foregoing, nothing in these Terms waives or limits any right to seek public injunctive relief to the extent such right cannot lawfully be waived under applicable law.

If applicable law prohibits enforcement of a particular portion of this Class Action Waiver with respect to a particular claim or remedy, that portion will be severed or otherwise treated as required by applicable law while the remainder of this Arbitration Agreement remains enforceable to the fullest extent permitted by law.

This Arbitration Agreement survives termination of these Terms and termination or discontinuation of your use of the Services.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless HRC and its affiliates, and their respective officers, directors, employees, agents, and representatives, from and against third-party claims, liabilities, damages, losses, and reasonable costs and expenses, including reasonable attorneys’ fees, arising out of or relating to:

1. your material violation of these Terms;
2. User Content you submit in violation of these Terms;
3. your unlawful or unauthorized use of the Services; or
4. your infringement or violation of another person’s rights through your use of the Services.

HRC reserves the right, at its expense, to assume control of the defense of a matter otherwise subject to indemnification, in which event you agree to reasonably cooperate with the defense.

This Section does not require you to indemnify HRC for HRC’s own fraud, intentional misconduct, gross negligence, or other conduct for which indemnification may not lawfully be required.

Except as otherwise provided in the Arbitration Agreement or required by applicable law, these Terms and any dispute arising from them will be governed by the laws of the State of California, without regard to conflict-of-laws principles.

For disputes that are not subject to arbitration and for which the parties may lawfully agree to venue, you and HRC consent to the jurisdiction of the state courts located in Los Angeles County, California, and the United States District Court for the Central District of California.

The Services are operated from the United States. If you access the Services from another jurisdiction, you are responsible for compliance with laws applicable to you. Nothing in these Terms is intended to establish or disclaim jurisdiction where jurisdiction otherwise exists or does not exist under applicable law.

If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as appropriate, and the remaining provisions will remain in effect, except where these Terms expressly provide otherwise.

HRC’s failure to enforce a provision of these Terms does not constitute a waiver of that provision or any other provision.

You may not assign or transfer these Terms or your rights under them without HRC’s prior written consent. HRC may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or other lawful business transaction.

These Terms, together with documents expressly incorporated by reference, constitute the entire agreement between you and HRC concerning your use of the digital Services governed by these Terms. They do not supersede patient consents, financial agreements, treatment agreements, medical-services arbitration agreements, Notices of Privacy Practices, or other agreements governing the provision of healthcare services.

No person or entity other than you and HRC is intended to be a third-party beneficiary of these Terms except where expressly stated otherwise.

If you have questions regarding these Terms or the Services, please contact:

HRC Fertility
ATTN: Legal Department
135 S. Rosemead Blvd.
Pasadena, CA 91107

Persons with disabilities who require assistance accessing these Terms may contact HRC at the address above to request a reasonable alternative format.