Terms and Conditions
PLEASE READ CAREFULLY BEFORE USING THIS APP
By accessing and using this Attain Fertility® Planner app (”App”), you accept, without limitation or qualification, these Terms and Conditions and all applicable laws. IntegraMed America Inc. ("IntegraMed") may revise and update these Terms and Conditions at any time and such revisions are binding on the Site users. Information regarding IntegraMed's Attain Fertility Centers division ("AFC”) products or services is subject to change without notice and services may not be available in all geographic locations.
THE APP DOES NOT PROVIDE MEDICAL ADVICE
The contents of the App are for informational purposes only and are NOT a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Neither IntegraMed nor AFC recommend or endorse any tests, products, procedures, opinions, or other information that may be mentioned on the App. Reliance on any information on the App is solely at your own risk. No representation or warranty is made, either expressly or tacitly, for the completeness or correctness of the information on this App.
USE OF CONTENT
The content of the App is solely for your personal, noncommercial use only. Any use of the content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. The entirety of the content of this App is a collective work owned by IntegraMed and is protected by U.S. and international copyright laws. All elements comprising this App, including without limitation, the text, site design, logo, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of IntegraMed or its licensors, and are protected by U.S. and international copyright laws. This App is the property of IntegraMed or its licensors, and such software is also protected by U.S. and international copyright laws. Permission is granted to electronically display and electronically copy and print hard copy portions of this App for your own non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of this site is strictly prohibited. Trademarks, service marks and logos displayed on the App are the exclusive property of IntegraMed unless otherwise stated and may not be used without the express written consent of IntegraMed. All rights not expressly granted herein are reserved to IntegraMed and its licensors. Content and features are subject to change or termination without notice in the editorial discretion of IntegraMed.
The use of the App and the content is at your own risk. When using the App, information will be transmitted over a medium which is beyond the control and jurisdiction of IntegraMed and its affiliates. Accordingly, IntegraMed 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 the IntegraMed Site. The Attain Fertility Planner Site and the content are provided on an "as is" basis. INTEGRAMED, ITS LICENSORS, AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES' RIGHTS, FITNESS FOR PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS. Specifically, IntegraMed, its licensors, and its affiliates make no representations or warranties about the following: (i) the accuracy, reliability, completeness including errors or omissions, currentness or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the App; or (ii) the satisfaction of government regulations requiring disclosure of information on medical treatments or prescription drug products with regard to the content contained on the App. In no event shall IntegraMed, its affiliates or any third parties mentioned on the App 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 or inability to use the App or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not IntegraMed is advised of the possibility of such damages. IntegraMed shall be liable only to the extent of actual damages incurred by you, not to exceed U.S.$1,000. IntegraMed is not liable for any personal injury, including death, caused by your use or misuse of the App, content, or Public Area (as defined below). Any claims arising in connection with your use of the App, any content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. Some jurisdictions may not allow exclusions of implied warranties so some of these exclusions may not be applicable to users in certain areas.
You agree to defend, indemnify, and hold IntegraMed, its officers, directors, employees, agents, affiliates, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
IntegraMed is based in Purchase, NY in the United States of America. IntegraMed makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the IntegraMed App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with IntegraMed, in any way relating to your use of the App, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving IntegraMed or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Except as expressly provided in a particular "legal notice" on the App, these Terms and Conditions constitute the entire agreement between you and IntegraMed with respect to the use of the IntegraMed App, and content. If you have any questions about these Terms and Conditions please contact us at:
Updated October 1, 2011IntegraMed America, Inc.
Attn: Corporate Privacy Officer
Two Manhattanville Rd.
Purchase, NY 10577 USA