Terms of Use
MedStar, LLC and its Internet properties, FindSurrogateMother.com http://www.findsurrogatemother.com, to be defined in the following Terms of Use documentation.
Definition: An online informative surrogacy site allowing individuals to become familiar with surrogacy and search for a surrogacy provider worldwide. http://www.findsurrogatemother.com and the facilities, services and materials available on the Website are owned and operated by MedStar, LLC. 427 N Tatnall St. #96120 Wilmington, Delaware USA, trading as FindSurrogateMother.com. For the purpose of these terms and conditions “we, us, our, site, website, features, services” refers to FindSurrogateMother.com. FindSurrogateMother.com is an online informative site for individuals accessing the options of surrogacy ('Clients', 'Patients', 'Your' or 'You') around the world from surrogacy providers, whether it be independent medical practitioners, hospitals, clinics or medical tourism agencies. Our Website provides an introductory platform between surrogacy providers and clients.
General Agreement
These Terms of Use (including the guidelines and rules referred to herein) constitute the entire agreement between you and FindSurrogateMother.com, and govern your use of the website (hereafter referred to throughout as "the Service"), superseding any prior agreements between you and FindSurrogateMother.com. Use of FindSurrogateMother.com constitutes acceptance of all Policies, Guidelines, Disclaimers, and all administrative or moderator decisions and instructions, whether by email, private message, or posts.
The content of FindSurrogateMother.com is original content, provided by the content management team, further advanced by research and/or health professionals and accredited news sources. FindSurrogateMother.com is funded by commercial and non-commercial organizations.
Services We Do Not Provide
FindSurrogateMother.com does not refer, advocate, recommend or accredit any surrogacy providers listed on this Website. We do not provide any medical advice, nor do we claim to be medical professionals. FindSurrogateMother.com is not involved in any transactions between users and members. We cannot guarantee that any transaction will be completed or authorized. FindSurrogateMother.com does not control the information given by surrogacy providers. We are not responsible for the authenticity, validity, legality or accuracy of the information posted by surrogacy providers. We are not connected to any particular surrogacy provider, nor do we advocate any. If you (individual user) choose to receive services from a surrogacy provider via our website, we will send your information to the provider. However, we cannot guarantee that the provider will respond to your inquiry or move forward with your inquiry. You may wish to browse through our website to see what FindSurrogateMother.com has to offer. If this is the case, then only some items in these Terms of Use will be applicable to your use of the website and the other items will not be relevant.
Notice: FINDSURROGATEMOTHER.COM IS NOT RESPONSIBLE FOR ANY MEDICAL/SURROGACY PROVIDER INFORMATION THAT IS POSTED ON THIS WEBSITE. FINDSURROGATEMOTHER.COM IS AN ONLINE SURROGACY EDUCATIONAL PORTAL WHERE DOCTORS, HOSPITALS, CLINICS AND OTHER SURROGACY PROVIDERS CAN PRESENT THEIR SERVICES. WE DO NOT FILTER OR AUTHORIZE ANY CONTENT POSTED BY SURROGACY PROVIDERS, NOR DO WE ADVOCATE ANY PARTICULAR SURROGACY PROVIDER. FINDSURROGATEMOTHER.COM DOES NOT PROVIDE ANY MEDICAL ADVICE OR DIAGNOSIS TO ITS CLIENTS AND USERS. ANY PROCESS LEADING TO THE ACCEPTANCE OF ANY SERVICES IS AT THE USERS OWN RISK. THE USER IS RECOMMENDED TO INVESTIGATE THE DEMANDED SERVICE HIMSELF/HERSELF.
Disclaimers
Your use of the service is at your own risk. The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, FindSurrogateMother.com expressly disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right. FindSurrogateMother.com makes no warranty or representation that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations. No advice or information, whether oral or written, obtained by you from FindSurrogateMother.com or through or from the Service shall create any warranty or other obligation not expressly stated in the Terms of Use.
FindSurrogateMother.com excludes all liability to information therein. The views expressed on this Service are those of its contributors. The public messages posted are not reviewed for accuracy. The content is not intended to be a substitute for professional advice. The information provided on our website is designed to improve, not replace, the relationship between a patient and his/her own surrogacy provider or physician. While the administrators and moderators of this forum will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every single message posted to the Service. Therefore, you acknowledge that all posts made to these forums express the views and opinions of individual contributors and are not the views and opinions held by FindSurrogateMOther.com Forum’s administrators, moderators, writers, Webmaster, or agents, and hence, the latter will not be held liable for any information therein.
Services on FindSurrogateMother.com are provided 'as is' and are not governed by warranty or representation of any kind. FindSurrogateMother.com does not assume responsibility for or make any warranty about the services, materials, or accuracy of any information found on the Website. Use of the Website is at your own risk. FindSurrogateMother.com is not to be held liable for any computer viruses, defects, technical failure, merchantability, unauthorized access or unlawful activity that affects the Website or any Users access to the Website. Laws in certain jurisdictions may or may not apply to you. Under no circumstances shall FindSurrogateMother.com or any of its owners, employees, staff, writers, account executives, IT department, directors, administrators, officers or affiliates be liable for loss or damage resulting from any aspect of your use of FindSurrogateMother.com Services or facilities, whether it be direct, indirect, incidental or consequential. Under no circumstances shall FindSurrogateMother.com be liable for any damages resulting from the conduct or statements of any surrogacy provider or third party using the Website.
Legalities of Locations
Due to legal regulations in some countries, free consultations are forbidden. FindSurrogateMother.com is not responsible, nor do we control the monitoring of this law. If a doctor who is a member decides to advertise on our site regardless of our marketing terminology "get a free quote" all fines and penalties will be paid by the member and not by FindSurrogateMother.com.
In addition some countries and jurisdictions do not allow certain medical advertisements, or particular treatments that appear on this site. FindSurrogateMother.com is not responsible for knowing the legalities for each location where each surrogacy provider resides and practices. It is the sole responsibility for the surrogacy provider to select the "legal" treatments that they offer in their dashboard. Any penalties or fines as a result of this is to be paid by the surrogacy provider and not FindSurrogateMother.com
Age and Responsibility
Surrogacy guides, news, blogs, and member profiles on FindSurrogateMother.com are available for any 'visitors' to read, research and review if you warrant that you are over the age of 18. If you are under the age of 18, you may only use the Website in conjunction with and under the supervision of your parents or guardian.
'Members' to the Website who have created an online classified advertisement for any of the following member types ; surrogate mother, egg donor, sperm donor, intended parent, surrogacy agency, surrogacy lawyer, or fertility clinic warrant that you are over the age of 18. Any classified that does not meet this age requirement will be removed from the Website with or without prior notificaton to the member.
Indemnity
As a user of the Website under these Terms of Use you agree to indemnify, defend and hold harmless FindSurrogateMother.com, its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and any of our third party information service providers from and against all losses, expenses, damages and costs, including legal costs, however arising resulting from any violation or breach by you of these Terms of Use. FindSurrogateMother.com excludes liability for death or personal injury caused by its negligence or that of its employees or authorized representatives or for fraud. Any member or individual agrees that as a part of their membership agreement, FindSurrogateMother.com has the right to send promotional and advertising materials via email, and also newsletters, updates about accounts, policy changes, news, updates to the site and its features. This is not to be considered spam. You grant FindSurrogateMother.com permission for this activity when requesting information from this site.
Website Availability
FindSurrogateMother.com may be unavailable from time to time due to mechanical, technical, software, hardware or third party vendor failures, natural disasters, unforeseen events, updating or construction. FindSurrogateMother.com cannot predict or control when such downtime may occur and cannot control the duration of such downtime. FindSurrogateMother.com may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Website, at any time. FindSurrogateMother.com may also impose limits on certain features and services, or restrict your access to parts or the entire Website without notice or liability. FindSurrogateMother.com may terminate the authorization, rights and license given above at any time, and, upon such termination, you agree immediately to destroy all information. Users are responsible for adequate protection and back up of any content and data submitted to FindSurrogateMother.com.
Force Majeure
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability or interruption of delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances. We do not promise that our servers will be operational or that your advertisement will appear or be published 100% of the time as some outages may occur for technical reasons within or without our control.
Urgent or Emergency Situation
FindSurrogateMother.com attempts to provide accurate and up-to-date information to the best of our knowledge, however, cannot guarantee the information will always be accurate, complete and up-to-date. FindSurrogateMother.com accepts no liability for any loss, damage or inconvenience caused by reliance on any information in this system. The information provided should under no circumstances be relied upon as accurate, especially in any urgent or emergency situations.
RSS News and Sources
FindSurrogateMother.com sources news articles from a variety of credible locations. The news and articles on this Website do not express the views of FindSurrogateMother.com and are not intended to be read as medical guidance. If any news on this site is reported to us as incorrect/misleading, FindSurrogateMother.com will remove the said items immediately. FindSurrogateMother.com accepts no responsibility for the validity of the news on this website and does not endorse any noted treatment, medical procedure, or surgery. FindSurrogateMother.com reserves the right to update/edit and revoke news items we subsequently believe to be untrue, misleading, and/or in violation of these terms of use.
Individual Members
FindSurrogateMother.com is not responsible for any malpractice or misuse before, during or after your procedure, nor are we involved in any communication between you (Individual Members) and the surrogacy Provider(s) that you have selected. We do not share your personal information with a third party, other than the Provider(s) you have selected.
Any public information you share on FindSurrogateMother.com might appear on other platforms such as search engines and social media outlets (i.e. Facebook, Twitter, Blogger, etc.).
FindSurrogateMother.com is not legally obliged to edit, monitor, screen or validate content that is posted on the Website, however FindSurrogateMother.com does reserve the right to edit or remove content that we believe is untrue, misleading, inappropriate or offensive. We also reserve the right to edit or remove offensive or vulgar content that has been reported to us. We encourage members to report content that they find offensive or that violates their rights. All claims can be made by contacting us.
FindSurrogateMother.com is not responsible for what you post or its validity. In the event that you are legally liable for any malpractice, FindSurrogateMother.com is not held accountable. You are using our services at your own risk. We reserve the right to reject any advertising text, copy, images, links and any other content as being unsuitable. You agree to hold us harmless and to defend and indemnify us regarding any liability arising from your relationship with any patient that we refer to you including our related reasonable attorney’s fees, damages, costs, and judgments.
Surrogacy Providers
Surrogacy providers featured on FindSurrogateMother.com may be free listings or may have paid a listing fee. The advertising placement of surrogacy providers on this website is in accordance with the individual listing agreement between FindSurrogateMother.com and the provider. Any advertising or placement of surrogacy providers in listings is clearly defined. Placement of surrogacy providers is in no way an endorsement of individual surrogacy providers and does not reflect the opinions of FindSurrogateMother.com. FindSurrogateMother.com does not advocate, recommend or accredit any surrogacy providers listed on this Website.
FindSurrogateMother.com grants 'you' (surrogacy providers) the right to access its Services for your own professional use. Clients and users may access the information posted via our Website. When an individual chooses to contact you, the information that provided on the contact page will be automatically passed on to you.
You understand and agree that FindSurrogateMother.com is a patient referral service. You agree that all financial transactions between you and any patient we refer to you are strictly between you and the patient, and that FindSurrogateMother.com is not responsible for the collection of the any monies owed to you by the referred party. Once a patient has been referred to you, you will solely assume the task of communications with the patient, and understand that we will not communicate with the patient on your behalf. We will not intervene with or become involved with any dispute that arises between you and the patient who is referred, but in the event that a patient issues a complaint about your services, we may withdraw from providing you any services, including further patient referrals or future advertising, with no refunds of any nature being issued. You will possess and have in place a valid and enforced error and omission insurance policy, and any and all other typical professional liability insurance policies typically available for your industry or profession and you will supply us with a copy of the insurance binder upon our request. You will have a limited liability policy and related documentation, as may be typical in your industry and profession, signed by the patient. You will follow any and all laws regarding the practice of your profession, including any applicable privacy laws. You will allow only those individuals who are duly licensed, should a license be required in your jurisdiction, to treat the patient and you will only allow those individuals who provide services but who do not need to be licensed by your jurisdiction, to be duly and properly supervised by a licensed health service professional and any such unlicensed service providers must be properly trained and educated as is within the norm and scope of practice in your jurisdiction.
Any Content conveyed through this Website is the sole responsibility of the User from whom it originated. Any public information you share on FindSurrogateMother.com might appear on other platforms such as search engines and social media outlets (i.e. Facebook, Twitter, Blogger, etc.).
FindSurrogateMother.com is not legally obliged to edit, monitor, screen or validate content that is posted on the Website, however FindSurrogateMother.com does reserve the right to edit or remove content that we believe is untrue, misleading, inappropriate or offensive. We also reserve the right to edit or remove offensive or vulgar content that has been reported to us. All claims can be made by contacting us.
FindSurrogateMother.com is not responsible for what you post or its validity. In the event that you are legally liable for any malpractice, FindSurrogateMother.com is not held accountable. You are using our services at your own risk. We reserve the right to reject any advertising text, copy, images, links and any other content as being unsuitable. Please email us if you have a question about your proposed advertisement. Your advertisement must not be unlawful in any jurisdiction in which it appears as published on the World Wide Web and Internet. You are solely responsible for the accuracy, correctness and completeness of any content that you provide, and you agree to refrain from providing us with content that in any way misrepresents your organization, and you agree to hold us harmless, and to defend and indemnify us regarding any civil, criminal or regulatory causes of action that arise from our publishing of your content and any related reasonable attorneys’ fees, damages, costs, and judgments. You agree to hold us harmless and to defend and indemnify us regarding any liability arising from your relationship with any patient that we refer to you including our related reasonable attorney’s fees, damages, costs, and judgments. You agree to solely assume all potential liability regarding the patient that we refer to you, including any potential liability for any services that your organization provides to the patient.
Updating This Policy
The Terms of Use may be revised periodically. The most recent changes to the policy will be noted in a different color within the policy. You can click on any of those areas to find information about the change and how it may affect you. Further, you may access all previous Terms of Use through links at the top and the bottom of this page. When we make significant changes that affect our policies and practices, we will post a notice at the top of this page. Registered users will be notified by email of material changes to the Terms of Use. We recommend that you read the Terms of Use whenever you visit our site, in case you missed a notice.
Contact Us
If you have questions about the Terms of Use, Copyrights Policy, Privacy Policy, and/or Advertising Policy, or have any other questions or concerns about the site, you can contact us online and we will respond to your comments with an individual and prompt reply.
This policy was effective on April 22, 2013.
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