Statement and Terms of Use for Egg Donor Solutions Website/ Egg Donor Database

 

This Statement and Terms of Use for Egg Donor Solutions Website/Egg Donor Database (herein the “Statement”) is Egg Donor Solutions, L.L.C.’s terms of use that governs its relationship with users and others who interact with Egg Donor Solutions, L.L.C.’s website/egg donor database.  By using or accessing, Egg Donor Solutions, L.L.C.’s website/egg donor database, you agree to this Statement, as updated from time to time, as set forth herein below.

A.    Privacy

Privacy is very important to Egg Donor Solutions, L.L.C. (herein “EDS”).  EDS designed this Statement in order to protect the privacy of the egg donors and the users.

B.     Copyright

All rights, including copyright and database rights, in the EDS’ website/egg donor database and its contents, are owned by or licensed by EDS, or otherwise used by EDS as permitted by applicable law.  All users of the EDS’ website/egg donor database agree that they are accessing the contents solely for their own private use and not for any commercial or public use.  You agree not to undertake to copy, store in any medium, distribute, transmit, re-transmit, broadcast, modify or show in public any part of the EDS’ website/egg donor database without the prior written permission of EDS.

C.    Use of Information and Services

You agree to the following:

  1. You will not be provided access to EDS’ website/egg donor database unless you are a current client of EDS.
  2. You agree to provide your real name and information.
  3. You will not share your password or let anyone else have access to EDS’website/egg donor database, or do anything else that may jeopardize the security of EDS’website/egg donor database.
  4. You agree not to contact any egg donor listed in on the EDS’website/egg donor database without permission of EDS and participation of EDS.
  5. You agree not to attempt to identify any egg donor listed on the EDS’website/egg donor database based on anything that you may have seen in her profile (this includes contact through google, Facebook, social media of any sort, in person and/or in any other manner).
  6. You agree not to post content or take any action that infringes or violates someone else’s rights or otherwise violates the law.
  7. You agree not to harass, abuse, or alarm another person, including sending inappropriate or unwelcomed messages to others using the EDS’ website/egg donor database.
  8. You agree not to utilize or copy information, content or any data you view and/or obtain from the EDS’ website/egg donor database, except as otherwise expressly permitted.
  9. You agree to be contacted via email, phone, or text (standard messaging rates may apply) by EDS team members as the assist you in selecting an egg donor.
  10. You may at any time close your account or request no further contact by emailing [email protected]

D.        Accuracy of Data/Disclaimer of Warranty

You understand that EDS cannot and does not guarantee or warrant any information provided by an egg donor on the EDS’ website/egg donor database is accurate and true.  You understand that EDS does not do an independent verification of information provided by egg donors.

E.        Limitation of Liability

In no event shall EDS be liable for any special, indirect, punitive, incidental, exemplary, consequential damages or other damages whether based on breach of contract, tort, and product liability or otherwise, even if advised of the possibility of damages.  You acknowledge and agree that the limitations of liability set forth herein are fundamental elements of this agreement and that access to the EDS’website/egg donor database would not be provided to you absent such limitations.

F.         Indemnification

EDS assumes no responsibility for any consequence directly or indirectly to any action or inaction you take based on the information or other material on the EDS’ website/egg donor database.  EDS cannot guarantee and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of any of the information listed above.  You agree to indemnify, defend and hold harmless EDS from any liability, loss, claim, and expense related to your use of the EDS’ website/egg donor database or violation of this agreement.

G.        Changes to Site

EDS may make improvements, changes in information and other materials on the EDS’ website/egg donor database, or terminate the EDS’ website/egg donor database at any time without notice.  EDS may modify the agreements in this Statement at any time, and such modifications shall be effective immediately upon posting of the modified agreement.   If you continue to use the EDS’ website/egg donor database after any agreement in this Statement has been modified, you agree that you will be deemed to have accepted any modifications of the agreements in this Statement.  EDS advises you to periodically review this Statement to determine if changes are made.

H.        Termination of Services

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for EDS, EDS will stop providing you access to the EDS’ website/egg donor database.  EDS may terminate the agreement contained in this Statement and your access to the EDS’ website/egg donor database for any reason or no reason, at any time, with or without notice.  This cancellation shall be effective immediately or as may be specified in any notice, if any.  Upon termination of your access to the EDS’ website/egg donor database, you will lose access to the EDS’ website/egg donor database; however, the terms of this agreement shall survive any termination.

I.          Dispute Resolution

The agreements set forth in this Statement or any claim, cause of action or dispute (collectively a “claim”) arising out of or related to this Statement shall be governed by the laws of the State of Texas regardless of your country of origin or where you access the EDS’ website/egg donor database.  You and EDS agree that all claims arising out of or related to this Statement must be resolved exclusively by a federal or state court located in Collin County, Texas, except as otherwise agreed by the parties or as described herein.  You and EDS agree to submit to the personal jurisdiction of the courts located in Collin County, Texas for the purpose of litigating such claims.  Notwithstanding the above, you agree that EDS shall still be allowed to pursue injunctive relief in any jurisdiction.

For any claim (excluding a claim for injunctive relief or other equitable relief), where the total amount of damages sought is less than $3,000.00, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding arbitration.  In the event a party elects to pursue arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider (herein “ADR Provider”) mutually agreed upon by the parties.  The ADR Provider and the parties agree to comply with the following rules: 1) the arbitration may be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party selecting arbitration; 2) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and 3) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.