Terms of Use

Welcome to Reproductive Fertility Center (hereinafter, “RFC,” “we,” “us,” and “our”). Your use of our Website located at https://www.rfcfamily.com/ (“Website”) and any related mobile applications we may develop (collectively, “App”) is subject to the following Terms of Use (“Terms”), as well as our Website and App Privacy Policy, which can be found at https://www.rfcfamily.com/privacy-policy/ (or a similar URL we designate). Please read these Terms carefully before using our Website and/or App. If you do not agree to these Terms, please do not use our Website or App.

Please be advised that these terms are a legal agreement between you and RFC, and your use of our website and/or app is governed by these terms. These terms contain provisions that govern how disputes between you and RFC will be resolved, including a waiver of a jury trial and a waiver of your ability to bring a class action lawsuit against us. Please read these terms carefully to understand what you are agreeing to before using our website and/or app.

Additionally, our website and app are only intended for persons 18 years of age or older. If you are under the age of 18, please exit this website or app and stop using it. Your use of the website and/or app confirms that you are at least 18 years old and that you are legally able to enter into this agreement. Your continued use of the website or app constitutes your assertion that you are at least 18 years old and that you are legally able to enter into this agreement.

1. About Us

RFC has been helping hopeful parents build their families for many years. Our fertility specialists are recognized throughout the world as leaders in patient care, innovation, and research. We strive to provide world-class service and facilities to our patients and to support their healthcare providers, while respecting patients’ privacy throughout the journey.

2. No Medical Advice

The contents of the Website and App are for informational purposes only. None of the content or information on the Website or App is medical advice or is meant to provide a diagnosis or treatment of any medical condition, including infertility. Additionally, the information contained on the Website and App is NOT a substitute for professional medical advice, diagnosis, or treatment, and does not constitute or act as a substitute for a formal medical consultation with a medical professional.

  • Medical Emergency: If this is a medical emergency, stop using the Website or App and call 911 immediately.
  • Consult Your Own Provider: If you have a medical condition that requires treatment or you have questions about your health, you should seek the advice of your physician or other qualified medical or health provider. We do not provide any general medical advice, nor do we offer specific advice or opinions regarding your health or any medical condition that you may be dealing with.
  • Testimonials & User Content: Any testimonials you may read, or questions and answers that may be posted on our Website and/or App, are provided solely for informational purposes and should not be relied on as medical advice, diagnosis, or treatment. Every patient’s situation is unique; even if someone’s story sounds similar to yours, you must consult a medical professional for diagnosis and treatment.
  • Physician-Patient Relationship: Even if you provide personal information via the Website or App (including making an appointment/consultation with us), it is not intended to create nor does it create a physician-patient relationship between you and RFC, its affiliates, or any medical professionals associated with RFC. Simply scheduling an appointment/consultation does not establish a physician-patient relationship.

If you decide to ignore this warning and rely on any information provided on the Website or App, you do so at your own risk.

3. Potential Explicit Content

RFC helps hopeful parents build their families. Because of the nature of our work, our Website and App may contain certain health- or medical-related informational materials that you may find to be sexually explicit or otherwise offensive.

4. Accuracy of Information

We do our best to be as accurate as possible with the information contained on our Website and App, but mistakes may occur. To the fullest extent permitted by applicable law, we do not warrant or represent—either expressly or tacitly—the accuracy, completeness, usefulness, timeliness, reliability, or adequacy of any resources, information, apparatus, product, or process made available on or through the Website or App.

5. Privacy Policy

We respect your privacy and only obtain personal information that is necessary to provide our products and services to you. You can learn more about our privacy practices at https://www.rfcfamily.com/privacy-policy/ (or a similar URL we designate). If you become one of our valued patients, you will receive our privacy notice for patients at that time.

6. Patient Accounts

If you are one of our patients and have created an account with us, these Terms also govern your use of that account. You must complete the registration process by providing complete and accurate information. You may be asked to create a username and password. You agree to follow optimum password safety guidelines and keep your password confidential. We do not allow anyone to share accounts, and you may not use another person’s account, username, or password at any time.

Please notify us immediately if you notice any problems with your account or if you learn of any unauthorized use of your account, username, or password.

7. Posted Content

If you post or transmit any content (including questions) to our Website or App (“User Content”), you grant RFC a non-exclusive, royalty-free license to display, use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and otherwise utilize the User Content in connection with RFC’s business operations. You will not be compensated for any such User Content. By posting User Content, you also agree that we may publish or otherwise disclose your name in connection with your User Content, and you warrant and represent that you own or control all rights to the User Content you post, or that you are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute it.

If you provide RFC with suggestions, product ideas, changes, improvements, or other feedback about our products and services, we may use such feedback freely and without restriction, credit to you, or compensation to you. We are under no obligation to keep any suggestions, ideas, or feedback confidential.

8. Compliance with Intellectual Property Laws

Your use of our Website and App is governed by and subject to all applicable laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You are solely responsible for any violations of relevant laws or infringements of third-party rights caused by your use of the Website or App or by any Content you provide. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

9. Inappropriate Content

You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:

  1. is libelous, defamatory, obscene, pornographic, abusive, or threatening,
  2. advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, or
  3. advertises or otherwise solicits funds or is a solicitation for goods or services.

RFC reserves the right to terminate your access to our Website or App for any reason, including for transmission or distribution of any inappropriate content. We will cooperate fully with any law enforcement officials or agencies in investigating any violation of these Terms or of any applicable laws.

10. DMCA - Copyright Complaints

Under the Digital Millennium Copyright Act of 1998 (“DMCA”), copyright owners can seek remedies if material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, where appropriate and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

If you believe that your work has been copied and posted on our Website or App in a way that constitutes copyright infringement, please provide the following to our designated copyright agent:

  1. An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material you claim is infringing is located on the Website or App;
  4. Your address, telephone number, and email address;
  5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Any notification that fails to comply with the DMCA requirements shall not be considered sufficient notice. Please send notices of copyright infringement to:

Reproductive Fertility Center (RFC)
Attn: Legal Department (DMCA)
400 E Rincon St, Ste 201, Corona, CA 92879

11. Use of Content

With respect to the Content you view on our Website or App, and your overall use of our Website and App, we provide you with a limited, royalty-free, non-exclusive, non-transferable right and license to access our Website and App and to view, download, or print materials from our Website and App for your personal and non-commercial use (provided all original copyright, trademark, and other notices are preserved in their original form). This Limited License does not include any rights not specifically stated herein.

  • No Transfer of Ownership: Your use of our Website or App does not grant, license, or transfer to you any ownership or other rights in the Content on our Website or App, including, without limitation, any text, graphics, logos, photographs, audio, or video, nor in any of our trademarks or the trademarks of others displayed on the Website or App (collectively, “Trademarks”).
  • Prohibited Scraping: Automated scripts or any form of web scraping to capture or copy content from our Website or App is strictly forbidden.
  • Images & Trademarks: Images of people or places displayed on the Website or App are owned by RFC or used with permission. Any unauthorized use of these images may violate law. Nothing contained on the Website or App should be construed as granting you any license or right to use any Trademark displayed on the Website or App without our written permission or that of the trademark owner.

Any rights not expressly granted to you in these Terms are expressly reserved by RFC.

12. Electronic Communications

Information communicated on our Website or App constitutes an electronic communication. When you communicate with us electronically, you agree that we may communicate electronically (subject to applicable privacy and anti-spam laws), and that such communications, including notices, disclosures, agreements, and other communications, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

  • HIPAA & Security: The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) sets standards for protecting patients’ rights. Correspondence containing protected health information (“PHI”) should be sent by encrypted (secured) systems. You acknowledge that unsecured electronic communications—such as standard email, text messages, e-fax, or online chats—can sometimes be accessed relatively easily by unauthorized persons and hence can compromise the privacy and confidentiality of such communications. By communicating with us on our Website or App, you understand and accept these risks.

13. Mobile Features

We may offer features and services accessible via your mobile phone (“Mobile Features”). Standard messaging, data, and other fees may be charged by your carrier when you use Mobile Features. Your carrier may prohibit or restrict certain Mobile Features, and certain Mobile Features may be incompatible with your carrier or mobile device. Instructions on how to opt out of certain Mobile Features, if applicable, will be disclosed in connection with those Mobile Features.

14. Termination of Access to the Website, App, and/or Your Account

RFC reserves the right to terminate your access to our Website and/or App at any time, for any or no reason. If you have an account with us and you violate these Terms or share your username and password with a third party, we may terminate your access to the account. If you are a patient, we will provide you notice before terminating your account and will provide access to your medical records so you may transfer them if needed.

15. Disclaimer of Warranties

RFC disclaims all warranties and makes our website and app available “as is,” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the website or app. To the maximum extent permitted by law, RFC expressly disclaims any and all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and noninfringement.

RFC does not warrant that the website or app will meet your expectations or that its operation will be uninterrupted or error-free. RFC makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of content provided on or through use of the website or app.

16. Limitation of Liability

RFC will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the website or app regardless of the form of action, whether in contract, tort, or otherwise, even if RFC has been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred United States dollars ($100.00).

Notwithstanding the foregoing, these disclaimers and limitations of liability do not exclude any statutory consumer rights, or damages associated with personal injury or resulting from intentional misconduct, recklessness, fraud, or gross negligence. The terms in this section are valid only to the extent permitted by applicable law.

17. Linking to Other Websites

RFC has no responsibility and assumes no liability for unaffiliated sites that are linked to or from our Website or App, including (without limitation) the content or web pages on those sites, or products, services, or materials provided by those sites. Our inclusion of links is for convenience only and is not an endorsement by RFC or its affiliates. The rules and privacy policies of linked sites may differ from ours and should be reviewed by you.

If at any time you link to our Website or App through a third-party service (e.g., Facebook), you give us permission to access and use information, content, and/or material you have supplied to that service as permitted by that service, and to store your login credentials if applicable.

18. Prohibited Uses

You are prohibited from violating or attempting to violate any security features of our Website, App, or related services, including but not limited to:

  1. Accessing content or data not intended for you, or logging onto a server or account you are not authorized to access;
  2. Attempting to probe, scan, or test the vulnerability of the Website, App, or any associated system or network, or to breach security or authentication measures without proper authorization;
  3. Interfering or attempting to interfere with service to any user, host, or network (e.g., submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”);
  4. Using the Website or App to send unsolicited emails, promotions, or advertisements for products or services; or
  5. Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any source code used by RFC to provide the Website or App.

Any violation of system or network security may subject you to civil and/or criminal liability.

19. Indemnification

You agree to indemnify, defend, and hold harmless RFC, its affiliates, parents, subsidiaries, assigns, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Website or App, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you.

This provision does not require you to indemnify us for any unconscionable commercial practice, or for our fraud, deception, false promise, misrepresentation, or concealment, suppression, or omission of any material fact.

20. Jursidiction; Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

20.1 We Both Agree to Arbitrate

You and RFC agree to resolve any claims relating to these Terms through final and binding arbitration, except that we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, App, or for intellectual property infringement (e.g., trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.

20.2 What is Arbitration

Arbitration is more informal than a lawsuit in court and aims to resolve disputes more quickly. Instead of a judge or a jury, a neutral arbitrator decides the case and may award the same damages and relief that a court could award. If any provision of this Arbitration Agreement is found unenforceable, that provision shall be severed, and the remaining terms shall be enforced.

20.3 Arbitration Procedures

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures before a single arbitrator in Los Angeles, California, under California law (without regard to conflict of laws principles). The JAMS Rules and instructions are available at http://www.jamsadr.com or by calling 1-800-352-5267. To initiate arbitration:

  1. Write a Demand for Arbitration, describing the claim and the amount of damages sought.
  2. Send three copies of the Demand, plus the appropriate filing fee, to JAMS (your local JAMS office or JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111).
  3. Send one copy of the Demand to the other party.

Each party shall bear its own costs of arbitration unless the arbitrator directs otherwise because bearing such costs would be an undue burden. The arbitrator may award damages and relief (including injunctive relief) on an individual basis, as a court would.

20.4 Authority of Arbitrator

The arbitrator will decide the rights and liabilities of you and RFC. Disputes will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any individual damages or relief that is available under applicable law, the JAMS Rules, and these Terms. The arbitrator’s written award and statement of decision is final and binding and may be entered in any court of competent jurisdiction.

20.5 No Class Actions

You may only resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

20.6 Waiver of Jury Trial

YOU AND RFC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY, INSTEAD ELECTING TO RESOLVE ALL DISPUTES BY ARBITRATION.

20.7 Opt-Out of Arbitration Agreement

You can decline this Arbitration Agreement by sending a written notice with the following information to:

Reproductive Fertility Center (RFC)
Attn: Legal Department (DMCA)
400 E Rincon St, Ste 201, Corona, CA 92879

Include:

  1. Your Name;
  2. The URL to these Terms (or a clear reference to these Terms of Use);
  3. Your Address;
  4. Your Phone Number; and
  5. A clear statement that you wish to opt out of this arbitration provision in the Terms of Use.

Your Opt-Out Notice must be mailed no later than 30 days after the date you first accepted these Terms by using the Website or App.

20.8 Choice of Law / Forum Selection

In circumstances where the arbitration provision allows the parties to litigate in court, these Terms shall be governed by the laws of the State of California, without regard to conflict of laws principles. You expressly consent to the exclusive jurisdiction and venue of the state or federal courts located in Los Angeles County, California.

21. Severability; Waiver

If a court of competent jurisdiction finds any provision of these Terms to be unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of these Terms shall be a waiver of any subsequent breach, and no waiver shall be effective unless in writing and signed by an authorized representative of the waiving party.

22. California Use Only

The Website and App are controlled and operated by RFC from its offices within the State of California. RFC makes no representation that materials on our Website or App, or the services provided therein, are appropriate or available for use in other locations. Your use of or access to the Website or App should not be construed as RFC’s purposeful availment of benefits or privileges in any state or jurisdiction other than California.

23. Changes to These Terms

We reserve the right, at our sole discretion, to modify these Terms at any time. We will post any changes on our Website and App and revise the “Effective” date at the top. Changes take effect immediately upon posting. If you do not agree with the changes, you must stop using our Website and App.

24. Contact Us

If you have any questions or concerns about our Website, App, these Terms, or anything else about RFC, please contact us at:

Reproductive Fertility Center (RFC)
Attn: Legal Department (DMCA)
400 E Rincon St, Ste 201, Corona, CA 92879

Or by visiting our Website at https://www.rfcfamily.com/.

[1] Definition of “Website” and “App.” The terms “Website” and “App” include https://www.rfcfamily.com/ and any other websites or mobile applications owned, operated, or developed over time by RFC, including, but not limited to, patient portals, billing/financial portals, and electronic medical records portals.