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Terms & Conditions

This Terms of Use Agreement (“Terms of Use”) applies to use of the website located at http://www.RGIscience.com, including, without limitation, any software or ancillary digital services integrated therein  (the “Site”). The Site is owned, operated and maintained by Reproductive Genetic Innovations, LLC, an Illinois limited liability company (hereinafter referred to as “RGI,” “we,” “our,” or “us”) or its affiliates, contractors, or representatives (“RGI”).  The Terms of Use apply only to activities that RGI, or any visitors of the Site (hereinafter referred to as “you,” “your,” or “users”), engages in on the Site and does not apply to RGI’s or any users’ activities that are “offline” or unrelated to the Site.

 

ACCEPTANCE OF TERMS

 

This Site, and its related services, are offered to you and conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices. Your use of a particular section of the Site may also be subject to additional terms, as set forth in such section.  Further, you agree to be bound by any additional terms (“Additional Terms”), which may be required by RGI, with respect to any individual services that you request from us.

 

In the event that any of the terms, conditions and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Site or with any terms included with any services requested from RGI, then these Terms of Use shall control.

 

You agree to provide true, accurate, current and complete information about yourself whenever the Site and other relevant forms prompt you.  You further agree that you will update such information upon request to keep it accurate.

 

If you do not agree with these Terms of Use or any revised policy, please exit the Site immediately.

 

REPRESENTATIONS BY YOU

 

By visiting the Site, you represent, warrant, and covenant, that (a) you are at least 16 years old; and (b) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate, defame, slander, or infringe upon the rights of any third party including, but not limited to, trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

 

LICENSE GRANTED BY YOU

 

By providing content or information to us, including by submitting or uploading content or materials to the Site or chat message or patient portal integrated with the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide license, in perpetuity, to use and exploit, in all languages all or any part of the content and materials provided by you, or derivative works developed from such content. We may publish and distribute any such submitted content or materials, at our sole discretion, by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual, direct, or indirect infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or material you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

 

LAWS AND REGULATIONS

 

Your access and use of the Site are subject to all applicable international, federal, state, and local laws and regulations.

 

ELECTRONIC COMMUNICATION

 

When you visit the Site, send communications to RGI through the Site, communicate with RGI through the chat message feature integrated with the Site, or access the patient portal integrated with the Site you are communicating with us electronically and, as such, you consent to receive communications from us electronically. We will communicate with you by e-mail, facsimile, chat message, communications initiated through the patient portal integrated with the Site, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that RGI provides to you electronically satisfy any legal requirements that such communication be in writing.

 

SITE LICENSE AND ACCESS

 

RGI grants you a limited, non-exclusive, non-transferable and revocable license to access and make personal use of the Site, and not to download or modify it, or any portion of it, except with the express written consent of RGI. This license does not include: (i) any resale or commercial use of the Site or its contents; (ii) any collection and use of any product listings, images, descriptions or prices; (iii) any derivative use of this site or its contents; (iv) any downloading or copying of account information; or (v) any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, without the express written consent of RGI.

 

Any unauthorized use of this Site terminates the permission or license that RGI has granted to you under these Terms of Use.  You also agree that RGI may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of the Site or any product or service offered on or through the Site, (4) violations of these Terms of Use, (5) your failure to pay for any services that RGI renders to or for you, (6) suspected or actual intellectual property infringement, (7) unexpected operational difficulties, (8) requests by law enforcement or other government agencies, (9) RGI learns that you provided inaccurate or incomplete information in violation of these Terms of Use, or (10) any other violation of applicable federal, state, or local laws or regulations. You agree that RGI, or its affiliates will not be liable to you or to any third party for termination of your access to the Site.

 

PATIENT PORTAL

 

The Site contains a patient portal through which you may have access to certain documents and communications between you and RGI. When registering for access to the patient portal, you may be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account.  You are fully responsible for all activities that occur under your password in connection with your patient portal.

 

By logging into the patient portal, you agree that: (i) you are of appropriate age and the individual who registered for use of the patient portal; (ii) you are using the patient portal only for permitted purposes; (iii) you are not a competitor of RGI or an agent of such a competitor; and (iv) you will immediately notify RGI of any unauthorized use of your password or patient portal, or any other breach of the Site’s security.  Please notify info@rgiscience.com with subject line “Web Account Problems” of any potential unauthorized use(s) of your password, patient portal, or breach of security.

 

You also acknowledge that: (a) you will not select or use a user name of another person with intent to impersonate that person; (b) you will not select or use a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (c) you will not select or use a user name that RGI in its sole discretion deems offensive.

 

IMPORTANT NOTICE REGARDING HEALTH AND OTHER INFORMATION ON THE SITE

 

Reliance on techniques, ideas, tips, advice, suggestions and any other information provided on the Site is at your sole discretion and risk, and subject to these Terms of Use, including, without limitation, the section entitled DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. RGI does not recommend or endorse any healthcare, fertility, or  medical professionals, tests, procedures, products, ideas, suggestions, tips, advice, opinions or other information that may be found or referenced on the Site, whether such information is posted by RGI, its personnel, or any third parties.

 

You acknowledge, by your use of this Site, that your use of this Site is at your sole risk, and that RGI will not be liable for any claims, obligations or damages of any kind related to your use of this Site.  You agree that no information contained in, or communicated through, the Site will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed physician or other qualified health professional.  You agree not to change a prescribed or recommended form of medical treatment, or any dietary requirements, in reliance on any information found on the Site. Likewise, prior to engaging in, modifying, or deviating from any medical treatment that has been prescribed or recommended for you or any dietary requirements that you are currently taking, you will seek the advice of your physician or other qualified health professional.

 

MODIFICATION OF THESE TERMS OF USE

 

We reserve the right to change the terms, conditions, and notices concerning use of the Site, without notice.  You are responsible for regularly reviewing these Terms of Use and Additional Terms posted on other sections of the Site. Your continued use of the Site constitutes your agreement to all such terms, conditions, and notices.

 

SERVICE MARKS AND TRADEMARKS

 

All trademarks and service marks that appear, from time to time, on the Site (“Trademarks”) are trademarks or registered trademarks of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RGI or its affiliates.

 

The Trademarks are valuable assets of their respective owners and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks.  Such goodwill has made the Trademarks distinctive to their respective owners and, as such, may only be used by their respective owners, licensees, or other authorized persons or entities for the benefit of their respective owners, and only in connection with the products and services authorized by their respective owners.  Any unauthorized use of the Trademarks and/or any use of a mark or symbol that dilutes its value is likely to cause confusion among consumers, or in any manner that disparages, discredits, or falsely describes RGI or its affiliates or subsidiaries, is strictly prohibited.

 

You may not use any of the Trademarks, in any manner, without the prior written consent of their respective owners.  Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without further notice.

 

COPYRIGHT

 

All information that is displayed or made available to view and/or download in connection with the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, site architecture, the look and feel of the Site, and the manner and linking of internal webpages on the Site (collectively, “Content”) and software whether produced by RGI or any of its contractors or suppliers (“Software”), is owned by, and is the copyrighted work of, RGI and/or its contractors or suppliers, as applicable, and is protected by United States and international copyright laws. The compilation of all content on the Site, including, without limitation, user created content  is the exclusive property of RGI and is protected by United States of America and international copyright laws.  All Software used on the Site is the property RGI and/or its contractors or suppliers, as applicable, and is protected by United States of America and international copyright laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content or Software available on or through the Site for commercial, private or public purposes.

 

Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible according to applicable law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

 

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY

 

RGI takes allegations of copyright infringement and requests to remove copyrighted materials very seriously.  RGI will investigate and comply with the notice and takedown procedures of the DMCA.  RGI’s policies are designed to investigate and cooperate with copyright owners to ensure that registered works are not used or disseminated in violation of the owners’ copyrights.

 

DESIGNATED DMCA AGENT FOR NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

 

NAME: Oleg Verlinsky

ADDRESS: Reproductive Genetic Innovations, LLC

2910 MacArthur Blvd

Northbrook IL 60062

EMAIL: info@rgiscience.com

PHONE: 847-400-1515

FAX: 847-400-1516

 

Our Data Storage

 

RGI retains all ownership rights pertaining to databases, software, codes, designs and all other internally developed applications used to provide our Site and our services. You retain all rights to the data you submit to us through the Site. We work with third-party vendors and hosting companies in order to provide the networking, storage, software, hardware, and other technology needed to provide our services.

 

PRODUCT DESCRIPTIONS

 

RGI and its affiliates attempt, in good faith, to be as accurate as possible with descriptions of any products or services marketed on, or offered through, the Site (the “Products”).  However, RGI does not warrant that the descriptions of the Products are accurate, complete, reliable, current, or error-free.  Further, RGI does not warrant that any of the Products are suited for a particular purpose or that they will work for any user’s intended purpose.  Prices for the Products, and related discounts thereto, may be changed at any time by RGI.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE INFORMATION, CONTENT, AND SOFTWARE INCLUDED OR DESCRIBED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. RGI IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. NOTWITHSTANDING THE FOREGOING, CHANGES ARE PERIODICALLY MADE TO THE SITE AND TO THE INFORMATION THEREIN, INCLUDING, BUT NOT LIMITED TO, THE PRICE OF PRODUCTS AND SERVICES. RGI AND/OR ITS RESPECTIVE SERVICE PROVIDERS, SUPPLIERS, AND CONTRACTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

 

RGI AND ITS RESPECTIVE SERVICE PROVIDERS, SUPPLIERS, CONTRACTORS, AND AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES OR AGENTS (THE “RGI PARTIES”) MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. RGI AND/OR THE RGI PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, TITLE AND NON-INFRINGEMENT.

 

IN NO EVENT SHALL RGI OR THE RGI PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY COMMUNICATIONS, INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF RGI OR ANY OF THE RGI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, RGI’S TOTAL LIABILITY TO YOU FOR DIRECT DAMAGES OR OTHERWISE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO RGI FOR ANY SERVICES THAT RGI HAS RENDERED TO OR FOR YOU IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST RGI, OR THE MAXIMUM EXTENT PERMITTED BY LAW, WHICHEVER IS LOWER.

 

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

 

INDEMNIFICATION

 

You agree to indemnify and hold harmless RGI and its subsidiaries and affiliates, and their respective agents, directors, shareholders, members, managers, officers and employees, from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to, or arising out of, your use of the Site and/or any information (text or graphical), software, or services obtained through the Site and/or from RGI.

 

VIOLATION OF TERMS OF USE

 

RGI reserves the right to seek any and all remedies, at law, in equity or by statute, for violations of these Terms of Use, including the right to block access from a particular Internet address or for particular users to the Site.

 

JURISDICTION AND VENUE

 

Except as noted below, all disputes against RGI, including, but not limited to, disputes as to these Terms of Use, the site license, site access restriction and/or termination, RGI’s trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes, user accounts, privacy, product descriptions, pricing, and disclaimer of warranties shall be governed under the internal substantive laws of Illinois, and you hereby irrevocably consent to the exclusive jurisdiction and venue in the appropriate state and Federal courts located in Cook County, Illinois.

 

Use of the Site is unauthorized in any jurisdiction that does not give effect to any and all provisions of these Terms of Use, including, without limitation, this paragraph.

 

SEVERABILITY

 

If any of the provisions in these Terms of Use shall be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that provision is illegal, invalid, or unenforceable, it shall be severed and deleted from the clause and the remaining provisions shall survive, remain in full force and effect and continue to be enforceable and binding.

 

ELECTRONIC RECORDS AND COMMUNICATIONS

 

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

CUSTOMER SERVICE

 

We welcome your feedback. If you have any questions or comments regarding these Terms of Use, the Privacy Policy or the Site, please contact us at info@rgipgd.com.