Introduction
This website (the “Website”) is operated by WINFertility, DTC, LLC (“WIN”). The Terms of Use set forth below constitute a contract binding on all users of this Website. By directing your browser to this Website and accessing, viewing, displaying or otherwise using the pages of this Website, you acknowledge that you have read, understand and accept these Terms of Use. WIN may change the Terms of Use at any time at its sole discretion. If you do not want to be bound by these terms of use, you must not access or use this Website. WIN reserves the right, at its sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that WIN determines has violated any aspect of these Terms of Use. WIN reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by WIN.

WIN’s Programs
WIN and its family of companies provide management services related to women’s health issues, with an emphasis on managing medical and pharmacy care for infertility and related conditions. WIN does not provide medical services or dispense pharmaceuticals care and does not offer health care insurance. Information on this website may relate to all aspects of the management services WIN does provide, including (but not limited to) the WINFertility Treatment Program that is specifically designed to make infertility treatments available directly to consumers who do not have, or who have exhausted, available insurance covering medical or pharmaceutical infertility services. While this website is intended to facilitate consumers’ access to the WINFertility Program, use of this website or any of WIN’s Programs does not in any way guarantee that infertility treatments will be successful in enabling patients to reach their personal family goals.

Security
WIN uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, “perfect security” does not exist on the Internet; WIN cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.

When you are using the Website, information that you submit will be transmitted via the internet and such transmission is beyond the control of WIN. WIN assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Website.

Access and Proprietary Rights
So long as you comply with these Terms of Use, you are authorized to access, use and make a single copy of information and materials available on this Website only for purposes of (i) learning more about WIN, its products or services, (ii) conducting transactions that now or in the future are offered by WIN on this Website, or (iii) to otherwise communicate with WIN. If any user of the website wishes to use the content of the website for a commercial purpose, you must contact WIN and negotiate licensing terms in order to do so.

Any copies of material on this Website made by you must be retained without modification of any and all copyright notices and other proprietary marks. Your failure to comply with the foregoing restrictions will result in infringement, misappropriation or other violation of the intellectual property and contractual rights of WIN or third parties and could result in substantial civil and criminal penalties. WINFertility and other identifying marks of WIN (including those that may be introduced in the future) are proprietary to WIN. You may not use these marks for any purpose without the express prior written consent of WIN. Except as expressly set forth above, these Terms of Use do not grant to you any express, implied or other license or right under any patent, trademark or copyright of WIN or any third party.

In certain circumstances, WIN may limit access to secure, password-protected pages of the Website. Such access is restricted to authorized persons only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.

Forums
The Website may include bulletin boards, chat rooms, e-mails or other forums (“Forums”). WIN is not responsible for any material posted on the Forums, and it is a condition of your use of the Forums and the Website that you shall not upload, transmit, distribute or otherwise publish through such Forums any content which:

  • Violates any law;
  • Libels, defames, is obscene, hateful, racist, harassing, vulgar, pornographic, abusive, threatening, profane or indecent, including images and language;
  • Infringes any intellectual property rights of a person or entity, including without limitation, violating a copyright or trademark or other proprietary right or derivative works with respect thereto;
  • Violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights;
  • In any way exploits any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;
  • Solicits gambling or engages in any gambling activity;
  • Contains a virus or other harmful component;
  • Advocates illegal activity;
  • Advertises or otherwise solicits funds or is a solicitation of funds for goods or services or solicits any illegal act (collectively “Non-approved Materials).

While WIN does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, WIN reserves the right to delete, move, or edit messages that it, in WIN’s sole discretion, are found to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or unacceptable as set forth hereinabove or for any other reason. You acknowledge that WIN reserves the right to, and may from time to time, monitor any and all information transmitted or received, for operational and other purposes. Use of the Website constitutes consent to such monitoring.

Use of Website by Minors
This Website is not designed or intended to be used by minors, and WIN does not knowingly allow minors to participate in any activity on the Website. Parents or guardians of minors are responsible for their minor children’s use of the Internet, including protecting that child’s personally identifiable information.

Links
This Website may contain links to other websites that are not operated or controlled by WIN. Use of these links to access other Internet sites is at your own risk. WIN is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. WIN establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website.

Notices and Disclaimers
THE CONTENTS OF THIS WEBSITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT WIN’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM, OR USE, THE CONTENTS OF THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

USE OF THIS WEBSITE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES WIN PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED BY OR PROVIDED TO USERS OF THIS WEBSITE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE). WIN EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. IN NO EVENT SHALL WIN BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE WEBSITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE TO THIS WEBSITE. WIN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS WEBSITE AND THE USE OR INABILITY TO USE THIS WEBSITE, EVEN IF WIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION IN THIS WEBSITE OR ANY GOODS OR SERVICES OFFERED FOR SALE ON THIS WEBSITE SHALL BE TO REQUEST THAT WIN CORRECT THE MATTER OR, IF WIN FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE AT YOUR OPTION. WITHOUT IN ANY WAY CONCEDING THAT WIN CAN HAVE ANY FINANCIAL LIABILITY TO YOU WHATSOEVER, IN NO EVENT SHALL WIN’S LIABILITY EXCEED AN AMOUNT EQUAL TO ALL FEES PAID BY YOU TO WIN IN CONNECTION WITH YOUR USE OF OR ACCESS TO THIS WEBSITE. WIN DOES NOT HAVE A DUTY TO UPDATE INFORMATION OR PRICING CONTAINED IN THIS WEB SITE, AND WIN WILL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION.

Privacy Policy for WIN
We know that privacy and confidentiality are important to you, and it is our goal to treat the information you provide to us with utmost care. If you have questions or concerns regarding the privacy and confidentiality of information that you provide to us, please contact us by email at info@winfertility.com.

For persons who register to use portions of this Website not otherwise available to the general public, WIN may collect, and use as we deem necessary to operate this Website and provide our services, basic personal and contact information. You consent to these practices.

In connection with participation in WIN’s program that manages health care conditions, WIN may gather specific information about a patient’s personal health conditions. Any such information should be transmitted only through secure means, including electronic transmissions that are encrypted in accordance with applicable law. No transmission to WIN of specific health information should be made via regular email or through this Website, except if WIN creates a secure web portal, which will be password protected and specifically identified as secure and suitable for such transmissions.

Like many Websites, we collect generic information from visitors to our site about how they use our site, information they would like us to provide and features that would interest them. For example, we may track the time and duration of visits to our site and the sequence of or particular pages viewed. Nevertheless, because we respect your privacy, we do not attach any personal identifiers to this information. This information enables us to serve you and other visitors better by indicating pages and features that are visited most often and are of the greatest interest.

From time to time, we may share aggregated and anonymous reports with our partners and sponsors or with other third parties in an effort to provide better content and greater usability for our Website or to bring our visitors information that may be of value to them. No reports of any kind ever divulge the identity of any individual WIN visitor or member to any parties (other than WIN strategic business partners or the credentialed fertility practices included in WIN’s Network, and then only if such partners have agreed to comply with the terms of this privacy policy through our Business Associates Agreement). Neither WIN nor its strategic business partners will give, sell, rent or loan any identifiable person information to any third party, unless legally required to do so.

Your IP address is a series of numbers used to identify and differentiate your computer from among all the computers using the Internet. We use your IP address to help diagnose problems with our server, and to administer the Website. Your IP address is used to help identify you and to gather broad demographic information that is anonymous in nature and is not associated with particular individuals.

WIN may link to other sites in order to provide you with additional useful information and services. WIN will endeavor to clearly label links that take you away from WIN’s website, although we offer no guarantee that all such links will be labeled. WIN is not responsible for the privacy policies or actions of those controlling third-party sites. Therefore, you are encouraged to look for and review the privacy policies of any third-party site you visit.

With the exception of personal, identifiable information about you (e.g., your name and address or your credit card number) WIN may reproduce, publish and otherwise use communications you send to or receive from WIN by electronic mail or other means, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including the purpose of developing, manufacturing, and/or marketing of products or services incorporating such information. You hereby grant to WIN a perpetual, non-exclusive, world-wide, sub-licensable, royalty-free and fully paid license to (i) use, and to make, offer for sale, sell, import and use products and services covered by, such intellectual property rights, and (ii) use (subject to the provisions of WIN’s privacy policy for this Website) any personal data you provide to WIN, for any lawful purpose. If any information you provide to WIN is subject to a pre-existing copyright, patent or other similar protection of rights, it is your obligation to notify WIN thereof in writing at the time that the information is provided to WIN. Any other confidentiality rights you wish to protect must be agreed to in advance by WIN before such information is provided, or WIN shall not be bound thereby.

Security and Identity
The Website has security measures in place that WIN believes are reasonable to protect against the loss, misuse and alteration of the information under our control. However, all security measures are subject to possible circumvention, and we cannot and do not provide any guarantees regarding the effectiveness of the security we employ or our ability to prevent third parties, acting unlawfully, from obtaining information that you provide to us.

Third Party Advertising
We may use various third-party advertising companies to display ads or otherwise promote their products when you visit the Website. These companies may use anonymous information (not including your name, address, email address or telephone number) about your visits to the Website (and web sites operated by others) in order to provide advertisements on the Website about goods and services that may be of interest to you.

Remarketing
WINFertility.com websites use the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors, even those who have not completed any task on our site, such as using the contact form to make an inquiry.  This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the WINFertility’s website. Any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

Cookies
We may place or recognize a unique “cookie” on your Internet browser. Cookies are small files placed on the hard drives of visitors to the Website. The cookies reflect identifying information about each user and retain certain non-identifying information about the user’s use of the Website. These cookies are accessible to WIN and its third party advertisers as users browse the Website. Most Internet browsers are initially set to accept cookies. Users are always free to set their Internet browsers to decline cookies, if their browser permits; however, it is possible that some parts of the Website, such as the areas where access is limited to registered users, will not function properly if the user’s cookies are disabled. You may occasionally receive cookies from our advertisers or business partners who offer services through, or advertise on, the Website. We do not control these cookies, and these cookies are not subject to our privacy policies.

Archiving and Preservation of Information
We archive all information, including personal information, you provide in the course of using this Website. We store that information on servers that are controlled by us or by third parties who have agreed to comply with our commitments made under this Privacy Policy and with whom we have a contractual relationship. Archived information will not ordinarily be erased unless and until your entire account with this website is deleted; even then, we may retain some or all of your information on back-up files.

Your Rights Regarding Your Personal Information
You have the right to review, correct and remove your personal data we store about you on our servers. However, certain personal information may not be changed without authentication (e.g., birth date) and you may be asked to provide additional information to allow us to confirm your identity in order to change those. If you ask us to remove your personal information, we still reserve the right to retain as much of your personal information and for so long as necessary to comply with our legal, regulatory, internal audit and record-keeping requirements.

We take appropriate security measures to safeguard your personal information from unauthorized access and disclosure. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.

In order to exercise your rights or if you have any questions about this privacy statement, the practices of the Website, or your dealings with the Website, contact the Webmaster at info@winfertility.com.

Indemnity
You agree to defend, indemnify, and hold WIN, its officers, directors, employees, agents, and representatives harmless from and against any claims, actions, causes of action, demands, liabilities or settlements, including without limitation attorneys’ fees (collectively the “Claims”), resulting from, or alleged to result from, your violation of these Terms and Conditions of Use, including without limitation, Claims arising out of or resulting from your submission of personally identifiable information or personal health information relating to yourself or any third party.

Laws and Regulations
These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of New York without regard to its conflict of law provisions. Any legal proceedings relating to these Terms of Use or the Websites shall be initiated in a state or federal court located in New York, New York and you hereby consent to the exclusive jurisdiction of such courts.

Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Website may be subject to U.S. export and re-export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States.

If any of the provisions of these Terms of Use are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions of these Terms of Use. Moreover, you and WIN agree that the tribunal holding any such provision to be invalid or unenforceable shall have the authority to, and shall, amend such provision to have the legally enforceable meaning that is as close as possible to the provision as original stated herein.

The failure of WIN at any time to enforce any provision of these Terms and Conditions of Use shall not constitute a waiver of such provision or of any other provision hereof or of WIN’s right to thereafter enforce any provision hereof.

Complete Agreement
These Terms and Conditions of Use represent the entire agreement between you and WIN with regard to use of this Website. These Terms and Conditions of Use can be altered or amended at any time, without notice, by WIN by posting such changes to this Website. By visiting this website at any time, you shall be deemed to have confirmed that you have checked for, read and accept all such changes posted to this Website. You agree to discontinue use of the Website immediately if you do not agree to any such changes to these Terms and Conditions of Use.