Loan Service Referrals. Our website is an online advertisement. You agree that we do not broker loans, make loans directly or undertake a credit analysis or make credit decisions in connection with any loan. We are not a party to any agreement that you may make with any lender you find through the use of our site.. The lender with whom you make a loan is solely responsible for its services to you. You agree that we are not acting as your agent or broker and are not recommending any particular loan or lender to you. All revenue we receive is paid by the lender or provider of the lender for the referral of you to them. We do not charge you a fee to use our website. You understand that the requirements for a particular loan product are made by the lender and we do not endorse, warrant, or guarantee the service of any lender. Because we do not have anything to do with the loan, you agree that we shall not be liable for any loss or damage which arise out of or in connection with your use of any lender.
Please note that information we provide you may not be used as the sole basis for your loan decision, and may not meet your needs. Please talk with a professional regarding the loan information provided by the lender. You are under no obligation to complete any loan or other product offered.
3. YOUR AGREEMENT.
Agreement to Share Your Registration Information. You agree that we control only the home page, informational pages and intake forms on our website. We are not responsible for any lender or provider of lenders’ contact with you or any loan agreement you enter into with the lender. Our Services are subject to all applicable federal, state and local laws and regulations. Our Services are void where prohibited.
4. YOUR PERMISSION FOR CONTACT THROUGH TELEPHONE AND EMAIL.
In order to provide you with the services you have requested, you are expressly giving your permission to be contacted through the telephone and email information you have provided. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with our Service or Website, you agree that your sole and exclusive remedy is to discontinue using this Website.
5. YOUR REPRESENTATIONS AND WARRANTIES.
You represent and warrant that: (i) You are at least 18 years of age, a U.S. citizen and possess the legal authority to enter into an agreement; (ii) All registration information you provided to us is true and accurate; (iii) You provided no information that was speculative, incorrect, misleading, false or fraudulent; (iv) You will not abuse our Website or attempt to disable our Website. If we believe such conduct has occurred we may deny you access to our Website in our sole discretion.
7. REJECTION, TERMINATION AND CANCELLATION.
We or our participating lenders or providers may reject any registration or subsequent application from any person with or without cause at our sole discretion. Your status as a registered user creates only a customer relationship with us and does not create any other type of relationship. You may cancel your request at anytime by sending an e-mail to contact(at)IVF4everyone(dot)com.
8. YOU ARE PROHIBITED FROM THIS CONDUCT ON OR THROUGH OUR SITE.
You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying our Website or any linked website. You are prohibited from accessing or attempting to access private areas of the Website or any other user’s information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity while using our Website or requesting services from our website.
You agree that any violation of this or any other provisions that may affect either our legal rights or the rights of any of our users shall result in us submitting your personal and identifying information to the appropriate state or federal authorities.
9. MARKETING MATERIALS.
By registering and requesting services through our Website, you are giving your consent to receive marketing promotions from us, and third-party marketers or publishers. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive or email us at contact(at)IVF4everyone(dot)com.
10. OUR RELATIONSHIP WITH LENDERS OR PROVIDERS.
This is an independent website and is not affiliated with any of lenders or providers to whom you may contact or do business with, or who may contact you by your use of our site. All trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by our Website. Furthermore, Lenders or providers are independent third parties to us and we are not acting as a principal, agent or broker with respect to any lenders, providers or advertisers.
This site contains a number of affiliate links.When visitors to this Site click through an affiliate link and perform a specific action, such as submitting a form or making a purchase, we may receive a commission. We reserve the right to work to maximize the profits generated by this Site using a number of tactics including but not limited to (i) more prominently featuring companies with which we have affiliate relationships throughout the site, (ii) displaying affiliate banners, and (iii) purchasing advertising to promote pages containing affiliate links. Our marketing of an affiliate is not in any way to be determined to be as a recommendation based on any of your needs or requirements.
11. LINKED WEBSITES.
You may be able to link to third parties’ Websites (“Linked Websites”) from our website. Linked Websites are not reviewed, controlled or examined by us and we are not responsible for the content, availability, advertising, products, services or other materials on any Linked Websites. The link from our Website does not imply our endorsement of or association with the Linked Websites. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of or your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any questions or concerns to the Linked Website’s owner. We reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of these websites.
12. INTELLECTUAL PROPERTY RIGHTS.
The content of this Website is owned by us and other parties. As between you and us, we are the sole owner of our Website and all materials on or available through our Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the “Website Content”). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Website Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of our Website Content solely for your personal, non-commercial use or records, provided that our trademarks, logos or other legends which appear on the copied screens remain on the printed material and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website Content unless you first obtain prior written consent from us and all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website Content, to defeat or circumvent our security features, or to utilize our website for other than its intended purposes is strictly prohibited.
13. DISCLAIMER OF WARRANTIES.
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of our website or by any of the equipment or programming associated with or used in connection with our Website or the products or services provided on or through our Website, or by any technical or human error which may occur in the processing of information received by us. We assume no responsibility for any errors, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with our Website. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our website or combination thereof, including injury or damage to you or your computer.
OUR WEBSITE, INCLUDING THE WEBSITE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE, AND OUR PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, OFFICERS, LICENSORS, PARTICIPATING LENDERS OR PROVIDERS, ADVERTISERS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF OUR WEBSITE, AND OUR WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THAT ANY PORTION OF OUR WEBSITE INCLUDING THE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO OUR WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
14. LIMITATION OF LIABILITY.
IN NO EVENT WILL WE, OUR PARENT COMPANY, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE OUR WEBSITE OR ITS CONTENT, OR ANY SERVICES OF THIRD PARTY LENDERS OR PROVIDERS EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF OUR WEBSITE OR ITS CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN EACH JURISDICTION.
15. MONITORING WEBSITE USAGE.
You agree that we may electronically monitor our website and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate our website; or (iii) to protect our rights or the rights of our users, vendors, sponsors, providers, and licensors.
16. DEALINGS WITH THIRD PARTIES.
Your correspondence or business dealings with any third parties as a result of your use of our website or Service, including, but not limited to, business dealings with lenders or providers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You hereby agree that we shall not be held responsible or liable for any losses or damages of any type incurred as the result of any dealings with any third parties, including our affiliates and you hereby waive any and all right to claim such damages or losses against us in any court of competent jurisdiction.
17. DISPUTE RESOLUTION.
This Agreement will be interpreted in accordance with the laws of the State of Massachusetts, without regard to the conflicts of laws principles thereof. You agree that any and all disputes, claims or controversies arising out of or relating to our Services and this Agreement, its interpretation, performance, or breach, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Boston, Massachusetts. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief shall be brought in the district court in Massachusetts.
18. GENERAL TERMS.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. This Agreement constitutes the entire agreement between you and us and governs your use of this Site and our Services, superseding any prior agreements. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF OUR SERVICE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.