Terms of Use

1. General.

Zen Fertility Center and its affiliates ("Zen Fertility Center", "we" or "us") have created and maintain this website for your benefit, information, education and communication. By accessing and/or using this website, you accept, without limitation or qualification, these terms and conditions of use. We reserve the right to change the terms and conditions from time to time at our sole discretion without notice. Such changes will be effective immediately upon posting to the website. In the event of any violation of these terms and conditions, we and our business partners reserve the right to seek all remedies available by law and in equity for such violations. These terms and conditions of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Zen Fertility Center reserves all legal rights and remedies available to it and these terms and conditions shall in no way be deemed a limitation or waiver of any other rights Zen Fertility Center may have. Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control. Unless otherwise indicated, all material on this site © 2007 Zen Fertility Center All rights reserved.

2. Intellectual Property.

The materials contained in this website are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of Zen Fertility Center, except as expressly provided in these terms and conditions or in the text on the website. You may download material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not, however, reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, audio and video, without the express written permission of Zen Fertility Center. Zen Fertility Center neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Zen Fertility Center. Images of people or places displayed on the website are either the property of, or used with permission by Zen Fertility Center. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the website are registered and unregistered Trademarks of Zen Fertility Center and other third parties that have authorized the use of such Trademarks on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of

3. Disclaimer

The materials on Zen Fertility Center's web site are provided "as is". Zen Fertility Center makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Zen Fertility Center does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Zen Fertility Center or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Zen Fertility Center's Internet site, even if Zen Fertility Center or a Zen Fertility Center authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Availability of Products and Services.

The information provided at this website is published throughout the world. ZEN FERTILITY CENTER manages this website from its facilities in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. Please contact your local sales representative for information as to products and services available in your country.

6. Links to Third Party Sites.

This website may contain links to third party sites. Such linked sites are not under the control of ZEN FERTILITY CENTER, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at the user's own risk. We have not reviewed the sites linked to the website. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement by ZEN FERTILITY CENTER of such third party sites or any goods or services offered by such third parties.

7. User Content.

ZEN FERTILITY CENTER is pleased to hear from its customers; however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through this website ("Communications"), including e-mails to ZEN FERTILITY CENTER or postings on interactive portions of this website, shall be deemed and shall remain the property of ZEN FERTILITY CENTER. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. ZEN FERTILITY CENTER is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE ZEN FERTILITY CENTER from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or ZEN FERTILITY CENTER, you hereby grant ZEN FERTILITY CENTER, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded Communications have been waived.

8. Interactive Areas and Code of Acceptable Conduct.

ZEN FERTILITY CENTER does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct: You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content. You will not upload viruses or harmful components. You will not use the website to further any illegal purpose or to violate the rights of any party. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services. ZEN FERTILITY CENTER will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

9. Products, Services and Software.

A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by ZEN FERTILITY CENTER of that product, service or publication. Products offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product. Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by ZEN FERTILITY CENTER or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

10. Jurisdiction and Choice of Law.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of CALIFORNIA and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in CALIFORNIA in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action.

11. Severability.

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforce ability of any remaining provisions.

12. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual  concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access,  disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal  information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.