Terms & Conditions
Terms of Use
These Terms and Conditions set out the agreement between user (the “User” or “you”) and Generation Fertility Inc. operating as Generation Fertility, Generation Fertility Toronto West, and Generation Fertility Waterloo (“Generation Fertility”). This website (“Website”) is being offered to you conditional upon your acceptance without any modification to the terms, conditions, and notices that are contained herein. Your use of Generation Fertility’s Website constitutes your agreement to all such terms, conditions, and notices.
Generation Fertility may revise and update these Terms and Conditions at any time and in its sole discretion, and such revisions are binding on the users of this Website. Continued usage of this Website means that you accept and agree to any such changes.
Choice of Law
Generation Fertility operates in the Province of Ontario, Canada (the “Province”). You agree that the laws of the Province and the laws of Canada applicable therein shall govern as to your access or use of this Website and its content and as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of The Province in any action or proceeding instituted under or pursuant to this agreement and all matters relating to your access and use of this Website and its content.
No Healthcare or Medical Advice
The information that is provided on this Website is not intended to be healthcare or medical advice. Many factors unknown to Generation Fertility may affect the applicability of any statement or comment to your circumstances. You should not act nor refrain from acting based upon any information contained on this Website without consulting a qualified healthcare professional.
We cannot provide specific advice or opinions regarding one’s diagnosis, treatment, or specific protocols or prescribing information on or through this Website. You should always consult your physician regarding the specifics of your case. Nothing contained in this Site, including the questions and answers posted on the Website, is intended to be medical advice, diagnosis or treatment. Reliance on any information provided by Generation Fertility is solely at your own risk.
The Site may contain health or medical-related materials which you may find to be sexually explicit or otherwise offensive. No representation or warranty is made, either expressly or tacitly, for the accuracy, completeness, usefulness, timeliness, reliability, or adequacy of any resources, information, apparatus, product, or process available at or from this Website.
Any transmission of information from this Site to you is not intended to create nor does it create a physician-patient relationship between you and or any Generation Fertility physician. Please do not transmit personal health information about you or others to us through any feature in this Website.
No unlawful or prohibited use
As a condition of your use of Generation Fertility’s Website, you warrant to Generation Fertility that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use this Website in any way that could damage, disable, overburden, or impair Generation Fertility’s Website or interfere with any other party's use and enjoyment of Generation Fertility’s Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Generation Fertility’s Website.
This Website has been prepared specifically for Generation Fertility, not for any manufacturer or other company.
This Website shall not be reproduced without the consent of Generation Fertility.
Use of Content
You should assume that everything you see or read on this Website, including but not limited to all designs, text, graphics and files and the selection and arrangement thereof, is protected by copyright or other intellectual property legislation under Canadian and foreign laws, unless otherwise noted, and may not be used without the express written permission of Generation Fertility, except as provided in these Terms and Conditions or in the text on the Website. Generation Fertility neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties who are not owned by or affiliated with Generation Fertility.
Images of people or places displayed on the Site are either the property of, or used with permission by, Generation Fertility. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions of Use or specific permission provided elsewhere on the Site. 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 “Trademark(s)”) displayed on the Site are registered and unregistered Trademark(s) of Generation Fertility or others. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark(s) displayed on the Site without the written permission of Generation Fertility or such third party that may own the Trademark(s) displayed on the Site. Your misuse of the Trademark(s) displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions of Use, is strictly prohibited.
Generation Fertility will aggressively enforce its intellectual property rights to the fullest extent of the law.
Limited License
Generation Fertility grants the user of this Website a limited license to display on their computer, print, download and/or use the underlying HTML, text and other content that is made available on the Website, for non-commercial, personal or educational purposes only, provided that:
content is not modified, and
included with, and displayed on, each copy of such content is the associated copyright notice and this limited license.
No other use is permitted. Without limiting the generality of the foregoing, you may not:
make any commercial use of such content,
include such content in or with any product that you create or distribute, and
copy such content onto your, or any other person’s, Website.
Permission to Reproduce
Advanced, written authorization is required from Generation Fertility if you wish to use and/or publish the name, logo, and/or likeness, photographs, graphics, illustrations, video, music and sound from Generation Fertility’s Website. For more information, please contact Generation Fertility.
Unless otherwise noted, text on this Website may be reproduced for non-commercial personal purposes. Any reproductions may not be represented as an official version of the materials reproduced, or as having been made in affiliation with, or with the endorsement of Generation Fertility.
Links to third party sites
Generation Fertility’s Website contains links to other websites ("Linked Sites"). The Linked Sites are not under the control of Generation Fertility and Generation Fertility is not responsible for the contents of any Linked Sites, including but not limited to any link contained in any Linked Sites, or any changes or updates to any Linked Sites. Generation Fertility is not responsible for webcasting, or any other form of transmission received from any Linked Sites. Generation Fertility is providing these links to you only as a convenience, and the inclusion of any link does not imply any endorsement by Generation Fertility of the site or any association with its operators.
Liability disclaimer
You expressly understand and agree that Generation Fertility is not responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of Generation Fertility’s Website or in reliance on the information available on Generation Fertility’s Website, including any loss of use, lost data, lost business profits, business interruption, personal injury, or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence), other tortious action or any other cause of action.
Generation Fertility disclaims any liability for unauthorized use or reproduction of any portion of this Website.
Generation Fertility assumes no liability for the delay, failure, interruption or corruption of any data transmitted in connection with this Website.
In no event shall Generation Fertility or any third parties mentioned on this Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use, misuse or inability to use this Website, whether based on warranty, contract, tort or other legal theory, and whether or not Generation Fertility is advised of the possibility of such damages.
No Advice or Warranties
Generation Fertility does not warrant the quality, accuracy nor completeness of the information or services made available on this Website. Such information and services are provided on an “as is” and “as available” basis without warranty or condition of any kind. Generation Fertility expressly disclaims any and all warranties and conditions of any kind whether express or implied, including without limitation implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. Generation Fertility’s Website may include inaccuracies or typographical errors. You should not assume that this Website will be error-free or that this Website will operate without interruption.
The information on this Website, including but not limited to, newsletters, articles, opinions, views, wording, graphics and images is provided for educational or information purposes only. It is not intended to provide medical, legal or professional advice whatsoever and should not be relied upon in that respect. You should not act or rely on any information on this Website without seeking the advice of a professional.
The information provided on this Website is believed to be reliable when posted. However, Generation Fertility does not guarantee the quality, accuracy, completeness or timelines of the information. Generation Fertility assumes no obligation to update the information or advise on further developments concerning topics mentioned. The information contained on this Website may contain typographical errors. Generation Fertility does not warrant the completeness, timeliness or accuracy of any of the content on this Website. Generation Fertility may make changes to the content at any time in its sole discretion without notice.
Generation Fertility, to the fullest extent permitted by law, disclaims all warranties, representations, covenants and conditions either express or implied, statutory or otherwise.
Generation Fertility disclaims all warranties, representations, covenants and conditions regarding the use of this Website or the information, including all implied warranties or conditions of merchantability and fitness for a particular purpose and whether express or implied, or arising from a course of dealing, usage or trade practice.
User Submissions
Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and non-proprietary and will not establish a physician-patient relationship between you and or any Generation Fertility physician. If you are a patient of Generation Fertility please discuss with your physician the proper means of communicating confidential or health information. You agree that you will not send or transmit to the Site any communication or content that infringes or violates any rights of any party.
Anything you transmit or post may be used by Generation Fertility or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Generation Fertility is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
You should be aware that when you disclose personal information (including, user name, e-mail address, personal details about yourself, etc.) on the public areas of the Site (including message boards, etc.) you do so voluntarily, and that such information can be collected and used by others and may result in unsolicited messages from other posters or parties.
Indemnity
You agree to indemnify Generation Fertility from and against any and all actions, claims, losses, damages, liabilities and expenses, including reasonable legal fees, arising directly or indirectly from: (i) your breach of any of these Terms or any additional terms; (ii) your access to or use of this Website or any website to which this Website is or may be linked from time to time; (iii) your use of, reliance on, or publication, communication or distribution of anything on or from this Website; or (iv) your violation of any law or regulation to the detriment of Generation Fertility. If you are dissatisfied with any material on this Website or with any of the Terms of Use of this Website, your sole and exclusive remedy is to discontinue using this Website.
Conformance with Law
You agree that your use of this Website shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
You agree not to impersonate another person in your use of this Website or the sending of any e-mail to an address listed on this Website.
Access restriction
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Generation Fertility as a result of this agreement or use of Generation Fertility’s Website. Generation Fertility’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Generation Fertility’s right to comply with any governmental, court and law enforcement requests or requirements relating to your use of Generation Fertility’s Website or information provided to or gathered by Generation Fertility with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue to be in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Generation Fertility with respect to Generation Fertility’s Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Generation Fertility with respect to Generation Fertility’s Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Viruses and Infections
While every effort is made to ensure that all information provided on this Website does not contain computer viruses, Generation Fertility cannot and does not either guarantee or warrant that any files available for downloading through this Website will be free of infection or viruses, worms, or codes that manifest contaminating or destructive properties. You should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.
Confidentiality Warning
The Internet is not a secure medium and privacy cannot be assured. Generation Fertility cannot assume any responsibility for any harm or damage you may experience or incur by sending personal or confidential information to anyone.
Collection of Information
When you visit this Website, Generation Fertility only collects information that is necessary for the purpose of the operation and security of this Website, such as the Internet Protocol (IP) address of the computer, the operating system and the type and version of browser used to visit the Website, the dates and times of such visits, the pages visited, and the key words entered into any search engine used to visit the Website.
This information is collected so that we know how many people visit our Website, the geographical region they are from, and which pages they view on our Website. As a general practice, the information is aggregated and maintained in statistical reports and individuals are not identified. However, if an attempt to damage or disrupt this Website is detected, we can take further action and may share the information with the legal authorities, who may use the information to investigate the breach of security and to trace and identify the individual(s). This information is not used for any other purpose. This Website does not ask for nor does it collect any of your personal health information.
Cookies
Cookies are text files which are placed on your computer while using a website so as to allow the website to recognize your computer. This Website uses cookies as follows:
session cookies are used to allow this Website to recognize your computer for the duration of your visit to this Website, and expire when you leave this Website; and
Google Analytics installs session and persistent cookies on your computer as is described above. The cookies introduced by Google Analytics are unknown to and not accessible by Generation Fertility.
Google Analytics
This Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the Website analyze how users use this Website. The information generated by the cookie about your use of this Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on website activity for the Website’s operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to use the full functionality of this Website. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Termination of Access
Generation Fertility reserves the right to terminate your access to this Website at any time without notice. If your access has been terminated and you have any questions, please contact Generation Fertility.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Copyright
This Website is protected under the copyright laws of Canada and other countries. The materials and images on this Website are protected by copyright and are trademarked.
Generation Fertility either owns the intellectual property rights, including copyright, in and to this Website, or has acquired the necessary licenses in the information, including all text, HTML code, multimedia clips, images, graphics, icons and the selection and arrangement of the contents of this Website.
Unless otherwise noted, the content of Generation Fertility’s Website is for visitor’s personal and non-commercial use.
Complete Agreement
This Terms of Use Statement and the ‘Privacy Policy’ represent the entire agreement between every user and Generation Fertility regarding the use of this Website.
By agreeing to use this Website and providing confidential information, you acknowledge reading the Terms of Use and Privacy Policy and agree with its terms including the collection, use, and disclosure of such information. Generation Fertility reserves the right to update the Terms of Use and Privacy on this Website at any time. Users are responsible for reviewing this document periodically for changes.
Generation Fertility welcomes your comments and questions about our Terms of Use and Privacy Policy.
