Effective Date: August 30, 2024
1. Introduction
Welcome to FertyLink LLC, a platform designed to connect fertility service providers, donors, and intended parents. These Terms and Conditions govern your use of the FertyLink platform. By accessing or using our services, you agree to comply with these terms. Please read them carefully.
2. Definitions
Platform: Refers to the FertyLink LLC website and associated applications
User: Any individual or entity that creates an account or uses the services provided by FertyLink
Intended Parent: A user seeking donor materials to assist with fertility treatments.
Donor: An individual who donates sperm, eggs, or embryos.
Gestational Carrier: An individual who agrees to carry and give birth to a child for Intended Parent(s), through the process of gestational surrogacy. In this arrangement, the Gestational Carrier does not contribute any genetic material to the embryo; instead, the embryo is created using the egg and sperm from the Intended Parent(s) or donors, and then implanted in the Gestational Carrier’s uterus.
Organization: Fertility clinics, cryobanks, or similar entities that use FertyLink to manage donor profiles and assist intended parents.
Coordinator: A representative of an Organization who manages donors and intended parents accounts and participation.
3. Account Registration and User Responsibilities
– Users must be at least 18 years old to create an account on the FertyLink platform.
– Users agree to provide accurate and complete information during registration and to keep this information updated.
– Users are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account.
– FertyLink reserves the right to suspend or terminate accounts if any information provided is false, misleading, or violates these Terms and Conditions.
4. Use of the Platform
– FertyLink LLC grants users a limited, non-exclusive, non-transferable license to access and use the platform for its intended purpose.
– Users agree to use the platform in compliance with all applicable laws and regulations, including but not limited to HIPAA.
– Users shall not use the platform for any illegal or unauthorized purpose, including but not limited to the unauthorized collection or sharing of personal data.
– Organizations and Coordinators are responsible for ensuring that their use of the platform complies with HIPAA regulations regarding the protection and confidentiality of health information.
5. Privacy and Data Protection
– FertyLink LLC is committed to protecting the privacy of its users. Our Privacy Policy, which is incorporated into these terms by reference, explains how we collect, use, and disclose personal information.
– Organizations and Coordinators must ensure that any personal health information (PHI) managed through the platform complies with HIPAA and any other relevant regulations.
– FertyLink implements industry-standard security measures to protect user data. However, users acknowledge that no system is completely secure, and FertyLink cannot guarantee the absolute security of user data.
6. Responsibilities of Organizations and Coordinators
– Organizations are responsible for managing their staff and ensuring that all Coordinators are trained in the use of FertyLink.
– Coordinators must manage donor profiles, communicate with intended parents, and ensure that all interactions comply with applicable laws and regulations, including HIPAA.
– Organizations must notify FertyLink immediately if there is any breach of security or unauthorized access to PHI.
7. Intellectual Property
– All content on the FertyLink LLC platform, including but not limited to text, graphics, logos, and software, is the property of FertyLink LLC or its licensors and is protected by intellectual property laws.
– Users may not copy, distribute, modify, or create derivative works from any content provided on the platform without prior written consent from FertyLink.
8. Limitation of Liability
– FertyLink LLC provides the platform “as is” and does not guarantee that the services will be uninterrupted or error-free.
– FertyLink LLC is not liable for any direct, indirect, incidental, or consequential damages arising from the use of the platform or from any interactions between users.
– Organizations are responsible for ensuring that their use of the platform complies with all relevant laws and regulations.
9. Termination
– FertyLink LLC reserves the right to terminate or suspend any user account at its discretion, particularly in cases of violation of these Terms and Conditions.
– Users may terminate their account at any time by following the instructions provided on the platform.
10. Changes to the Terms and Conditions
– FertyLink LLC reserves the right to modify these Terms and Conditions at any time. Users will be notified of any significant changes, and continued use of the platform constitutes acceptance of the updated terms.
11. Governing Law
– These Terms and Conditions are governed by the laws of the Commonwealth of Virginia, United States, without regard to its conflict of laws principles.
– Any disputes arising under these terms will be resolved in the courts of the Commonwealth of Virginia, United States.
12. Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact FertyLink LLC at:
– Email: admin@fertylink.com
– Address: 5741 Cleveland St., Suite 300, Virginia Beach, VA 23462
– Phone: (757) 734-5026