Last updated July 20, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE Fertility and Sterility Dialog℠ WEBSITE.

Acceptance of Terms of Use

These Terms of Use, together with our Dialog Policy and Privacy Policy, govern your access to and use of the Fertility and Sterility Website (sometimes referred to as the Website) whether as a guest or a registered user. The term Fertility and Sterility Dialog℠, Dialog, ‘us’ or ‘we’ refers to The American Society for Reproductive Medicine (ASRM), Elsevier, Inc., their affiliates, representatives and agents. This Website is offered to and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a contract, you meet eligibility requirements and you agree to be bound by the Terms of Use, Dialog Policy and Privacy Policy. Please note that we may change these terms from time to time without notice so you should review them each time that you visit the Fertility and Sterility Dialog℠. All changes will be effective upon posting and will be binding on you.

Accessing Dialog and Account Security

To access and participate in Dialog, you will be asked to provide certain registration information. It is a condition of your use of Dialog that all the information you provide is correct, current and complete. All information you provide to register or otherwise, including through the use of the Site’s interactive features, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to anyone. You acknowledge that your account is personal to you and you agree not to provide anyone else access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name, password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion.

Prohibited Use

You may use the Website only for lawful purposes and in accordance with these Terms of Use, Privacy Policy and the Dialog Policy. You agree not to:

  • use the Website in any way that violates any applicable law or regulation of any jurisdiction;
  • use the Website to send, knowingly receive, upload, download, use or re-use any material that does not comply with the Terms of Use, the Privacy Policy or Dialog Policy;
  • use the Website to transmit or procure the sending of, any advertising or promotional material [without our prior written consent?], including any junk mail, chain letter, or spam or any other solicitation;
  • use the Website to engage in any conduct that restricts or inhibits anyone’s use of the Website, or which, as determined by us, may harm ASRM, Elsevier or users or expose them to liability;
  • use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website;
  • use any robot, spider or other automatic device or process meant to access the Website for any purpose, including monitoring or copying any of the Website material;
  • use any device, software or routine that interferes with the proper workings of the Website;
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, or any server, computer or database connected to the Website;
  • attack the Website via a denial of service attack; or
  • otherwise attempt to interfere with the proper working of the Website.

Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.

Website Disclaimers

This site does not provide online medical diagnosis, treatment, or prescription of any kind. All information provided on this website or in connection with any communications, including, without limitation, real-time video or email communications between professionals utilizing the Website and consumers is intended to be for general informational purposes only, and is in no way intended to create a physician-patient relationship as defined by state and federal law. This Website is not a substitute for professional medical diagnosis and treatment.

While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Dialog provides a space for users to discuss articles published in Fertility & Sterility® and on topics in reproductive medicine. Neither the ASRM, Elsevier, or any of the editors or contributors are responsible for the content. All Fertility and Sterility Dialog℠ comments are reader generated. Although ASRM or Elsevier may moderate posts for accuracy, facts, commercial bias, safety and compliance with Dialog Policy and Terms of Use, they do not undertake the responsibility to moderate, and they are not responsible for, reader generated content. You should not make medical decisions based upon what you read here for yourself or your patients. Do not use this site as a source for your own medical care.

We cannot and do not guarantee or warrant that files available for downloading will be free of viruses or other destructive code, nor do we warrant that your use of the Website is risk free. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ASRM, ELSEVIER OR ANYONE ASSOCIATED WITH THEM REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WIL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL MEET YOUR NEEDS OR EXPECTATIONS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT WILL ASRM, ELSEVIER OR ANYONE ASSOCIATED WITH THEM BE LIABLE FOR INJURY OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ALLEGED LIBEL, SLANDER, INVASION OF PRIVACY, INFRINGEMENT OF INTELLECTUAL PROPERY RIGHTS, PRODUCT LIABILITY, OR LOSS OF DATA OR PROFITS ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THIS WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Through this website you are able to link to other websites which are not under the control of the Dialog. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them. See also Privacy Policy section “Links to other websites”.

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the Website being unavailable, whether due to technical issues beyond our control or otherwise.

Copyright, Trademark and Other Rights in Website

This Website contains material which is owned by or licensed to us and which is protected by copyright, trademark and other intellectual property laws. Protected material includes, but is not limited to, the design, layout, look, appearance and graphics. You must not modify copies of any material from the site, delete or alter any copyright, trademark or other proprietary rights notices, or use any Website material for commercial purposes. Reproduction is prohibited except as expressly permitted in writing by ASRM or as otherwise permitted by copyright law. For permission to reproduce Website content, contact fertstert@asrm.org.

User Contributions

All information, comments, images and any other material you post, submit, publish, display or transmit (hereafter, “post”) to other users (collectively, “User Contributions”) must comply with the Dialog Policy, Privacy Policy and these Terms of Use. Any User Contributions you post will be considered non-confidential and non-proprietary. By providing User Contributions, you grant us and our users the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

You represent and warrant that you have the right to post the User Contributions and to grant the rights to use such material as set forth above. You acknowledge that you are responsible for User Contributions that you submit or post and you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Use outside the United States

We make no claims that the Website or any of its content is accessible outside the United States, or that it is compliance with any privacy or other laws in any jurisdiction. Access to the Website may not be lawful by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.

Indemnification

You agree to defend, indemnify and hold harmless ASRM, Elsevier, their affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including attorneys fees, arising out of or relating to your violation of these Terms of Use or your use of the Website, including your user contributions, any use of the Website content and services other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

All matters relating to the Website, these Terms of Use, or Website policies, and any dispute or claim arising therefrom or relating thereto (in each case including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Alabama without giving effect to any choice of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal or state courts located in Birmingham, Alabama, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in the county of your residence, based on the address you furnish in your Dialog registration or based on information otherwise known to us. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

If you have any questions about these Terms of Use, please contact us at fertstert@asrm.org.