FertilityInc, Ltd. (FI) is engaged in the business of providing Internet software to third party reproductive organizations (fertility centers, egg donation agencies, surrogacy agencies, and sperm banks). The 3rd party reproductive organization will be referred to as 3PRO. FI is not in the business of validating or verifying the eligibility of donors, surrogates, sperm or embryos. Our software may assist a 3PRO for that type of business, however FI makes no claims regarding the validation,S verification, and subsequent eligibility or ineligibility of a donor to participate in a 3PRO program. By using this site, you agree to the terms in this agreement and the terms of your respective 3PRO.

Acknowledgements and Rights

The Prospective Donor, Donor, Recipients and 3PRO acknowledge the following:

  1. FI provides this service on a non-exclusive basis.

  2. FI reserves all rights to the intellectual property herein. There will be no attempt to share this service with another party or use this service with an attempt to reverse engineer, duplicate, copy and/or otherwise develop a service which competes with or financially harms FI.

  3. FI is a company providing a service to 3PRO. This service is limited to the software coding, information hosting, training, software updating, and general Internet security of data provided.

  4. FI is not a medical facility. FI does not provide medical advice, opinions or representations. FI is not involved in the decision processes of any 3PRO, nor is involved in the physical, psychological, or background checks that a 3PRO may undertake.

  5. FI does not provide prospective donors with access codes to complete an application. Only the 3PRO can provide access to their application.

  6. FI agrees to make accessible information collected from the service in a secure environment. Some information may be sent to the Administrator of the 3PRO via email directly from a secure server to inform them of an application or selection update.

  7. FI does not use information provided by a prospective donor for any other reason than the application intent, demonstration and training to professional 3PRO’s, and software development needs within FI and potential 3rd party professional software development companies.

  8. The information provided in an application is owned by the 3PRO exclusively. A 3PRO may have the ability to print and application and/or download information from the application, thereby taking the information off the secure server.

  9. FI does not guarantee that all information will remain confidential since all technology is subject to hacking attempts, personnel misuse and other events outside of FI and/or 3PRO control. FI does guarantee that professional measures will be in place to safeguard the information within reasonable industry standards.

  10. FI retains no records beyond the information provided within this Internet service.

  11. FI employees, shareholders, directors, affiliates or subsidiaries shall endeavor to keep all information confidential except as required in the course of performing their responsibilities or as may be required by applicable federal, state or local law.

  12. The prospective donors and 3PRO fully and forever waive all claims against FI, their successors and assigns, now or hereinafter discovered or accruing relating to this agreement, on behalf of themselves, their heirs and assigns.

  13. The prospective donors and 3PRO knowingly waive their right to a jury trial before any Court having competent jurisdiction. Recipients hereby agrees to arbitrate all disputes, claims or other matters pursuant to the commercial arbitration rules of the American Arbitration Association with all hearings to be held in Hamilton County, Cincinnati, Ohio.

The Recipient further acknowledges the following:

  1. The Recipient will make no attempt to print, download, take screenshots, camera photos, or otherwise save donor pictures or share information with any other person or organization. Information about the donor that is necessary for long-term use is limited to that provided by the 3PRO.

  2. The Recipient will make no attempt to use information provided within this service to identify and/or contact the donor.

  3. FI makes reasonable efforts to ensure the integrity of the system and its intended processes based on professional industry standards. In the event technical issues arise, FI will make reasonable efforts to rectify the issues, but does not guarantee any particular donor’s availability for selection.

  4. FI makes no warranties or representations about the current or future legal rights of Recipients, donor or any child or children that may be conceived as a result of the reproductive assistance process, including but not limited to, ownership of the ova before or after the ova retrieval procedure, fertilization or implantation into the Recipient or the parental or custodial rights of the parties as to any fetus, embryo or child that may be conceived as a result thereof.

  5. FI does not guarantee that the donor selected will complete the reproductive assistance process, or will be able to produce viable ova.

  6. Any validation steps taken to determine the accuracy of information submitted from an application is not the responsibility of FI.

The 3PRO further acknowledge the following:

  1. FI provides this service to several customers. There may be developments that are necessary during the terms of the purchase that alter the service with the intent to improve the service.

  2. FI backs up the database and software code nightly, as well as stores this data offline.

  3. In the event a 3PRO needs to restore data to their service, FI may charge the 3PRO an hourly rate up to $100/hour to do so.

  4. The service provides the ability to receive email notifications of key events. These emails are not encrypted, however the identifying information communicated can be controlled by the 3PRO.

  5. The service provides the 3PRO ability to hide or share questions to share with recipients. Some of these questions contain identifying information. It is the responsibility of the 3PRO to ensure these questions are not shared with recipients. FI provides a lock-down capability for any question so that it is not altered without FI unlocking the question.