Terms of Use

TERMS OF USE LAST REVISED: 21 May 2019


1. SCOPE OF THIS AGREEMENT


THIS WEB SITE (WWW.FUTUREFAMILY.COM) AND ITS AFFILIATED PAGES (COLLECTIVELY, THE “SITE”) IS MADE AVAILABLE BY FUTURE FAMILY, INC. (“FUTURE FAMILY,” “WE,” “US,” OR “OUR”). WHEN WE USE THE TERM “YOU” OR “YOUR” IN THIS TERMS OF USE IT REFERS TO ANY PERSON OR ENTITY (OR ANY AUTOMATED SERVICE OR PROGRAM ACTING BY OR ON BEHALF OF A PERSON OR ENTITY) THAT ACCESSES, VIEWS, OR COLLECTS INFORMATION FROM THE SITE. BY ACCESSING OR USING THIS SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOUND IN THIS TERMS OF USE DOCUMENT (THE “TERMS OF USE”). THE TERMS OF USE DOCUMENT GOVERNS YOUR USE OF THE SITE, SO YOU SHOULD READ IT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU SHOULD DISCONTINUE YOUR USE AND/OR ACCESS OF THIS SITE.


You may use the Site to facilitate your communication with, and to seek the advice and services of, certain independent fertility service providers and to access credit products for paying for third-party products and services through Future Family or its subsidiaries. Through the Site, you may (1) register for certain Membership Services and Concierge Services provided by Future Family (the Membership Services and Concierge Services collectively referred to herein as the “Future Family Services”), or (2) apply for credit products to pay for third-party products and services (the “Loans”).


You will be presented with, and asked to agree to, a Membership Terms of Use for the Membership Services and a Subscription Agreement for the Concierge Services when you register for such Future Family Services (the Membership Terms of Use and the Subscription Agreement are collectively referred to herein as the “Service Terms”). The Future Family Services will be governed by the terms and conditions of the Service Terms, and in the event of a conflict between the terms of this Terms of Use and the terms of the Service Terms the latter will control.


If you apply and are approved for a Loan you will be presented with, and asked to agree to, certain terms and conditions for the Loans (the “Loan Agreement”). The Future Family Loans will be governed by the terms and conditions of the Loan Agreement, and in the event of a conflict between this Terms of Use and the terms of the Loan Agreement the latter will control.


You understand and agree that the Future Family Services and Loans are not intended to diagnose or treat any medical condition, provide medical or therapeutic advice, or automatically alert you or your healthcare providers or emergency services providers to potentially serious medical conditions.


2. AMENDMENTS TO THE TERMS OF USE


Future Family reserves the right to amend this Terms of Use document at any time and without notice to you. The most recent date on which the Terms of Use was revised appears above. If you access and/or use the Site following a revision of the Terms of Use document it constitutes your acceptance to the Terms of Use as revised.


3. SITE CONTENT


This Terms of Use governs the products, services, information, materials, graphics, arrangement, coding, design, text, sound and other items contained on the Site (collectively, the “Content”). Site Content may be provided by Future Family or its licensors, or by you if you upload User Content as defined elsewhere in these Terms of Use. The Content may be changed by Future Family at any time, and without notice to you. Any Content that appears on the Site with an “as of” date is considered to be published on the Site as of that date. Future Family reserves the right to terminate any Content or the Site in its entirety at any time, without prior notice.


You agree that you may not modify, translate, or create derivate works, adaptations or compilations of, or based on the Content or any part thereof, or use, copy, or reproduce any of the Content except as may be expressly permitted by these Terms of Use. You may not assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the Content.


4. YOUR USE OF THE SITE


The Site, and the products and services described on the Site, are intended for use by individuals who are at least 13 years old. If you are under the age of 13, you should not be visiting the Site. Future Family does not knowingly collect any information from individuals who are under the age of 13. We advise all visitors to the Site under the age of 13 not to disclose or provide any personally identifiable information. To learn more about the Children’s Online Privacy Protection Act (“COPPA”) please visit the Federal Trade Commission (“FTC”) site at www.ftc.gov.


You may view and use the Content contained on the Site only for informational, non-commercial purposes. Any use of the Site or the Content in the furtherance of any commercial venture or enterprise by you is strictly prohibited. You may not use the Site, the Future Family Services or the proceeds of any Loan for any illegal purpose or in violation of any local, state, national, or international law.


You agree not to attempt to log on to the Site or to register for any of the Future Family Services or apply for a Loan from any country under sanctions by the Office of Foreign Asset Control (“OFAC”). Which countries are under sanctions may be found on the United States Department of the Treasury website. Any attempt to log on to the Site from such a country may result in your access being restricted or terminated.


Any attempt to reverse engineer, duplicate, spoof, disrupt, damage, corrupt, or destroy the Site or the Content is expressly prohibited. You agree that any use of scrapers, robots, or other data-gathering devices not provided by Future Family through the Site is expressly prohibited. You agree not to interfere with the operation of the Site or any other party’s use or enjoyment of the Site by (among other things) uploading or disseminating any virus, adware, spyware, worm, or other malicious code, making any unsolicited offers or advertisements to another user of the Site, attempting to collect any data from a third party or another user of the Site without their consent, or otherwise interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, the Future Family Services or the Loans. To the extent that any such attempts constitute a violation of criminal or civil law, Future Family reserves the right to seek appropriate redress to the fullest extent available under applicable law.


You may not imply or otherwise represent that you are in any way affiliated with or endorsed by Future Family without our express written permission.


In addition to other monitoring of the Site that is discussed in Web Site Privacy Statement, your use of the Site may be monitored, tracked, and recorded for the purpose of ensuring your compliance with the requirements and limitations of this Section 4. By using the Site, you expressly consent to such monitoring, tracking, and recording.


Any unauthorized use of the Site or the Content is strictly prohibited. If Future Family reasonably believes that you are using the Site or the Content for any unauthorized purpose Future Family may immediately restrict or terminate your ability to access and/or use the Site and the Content.


5. FUTURE FAMILY SERVICES AND LOANS


The Future Family Services described on or made available thought the Site, including their terms, conditions, availability or pricing, are subject to change. We will provide you with notice of such changes only if required under the terms of the Service Terms you agreed to when you registered for the Future Family . The availability of the Future Family Services and Loans described on or made available through the Site may differ depending on geographic locations. By offering information about the Future Family Services or the Loans on the Site no solicitation is made by Future Family to any person whose use of such information or services in geographic locations where such information or services is prohibited by law or is otherwise unavailable. If you register for Future Family Services on the Site or apply for a Loan through the Site you agree to provide accurate, true, current and complete information during the registration and/or application process.


6. COPYRIGHT AND TRADEMARK NOTICES


The works of authorship contained on the Site, including but not limited to all Content, are owned (except as otherwise expressly stated) by Future Family. Except as may be expressly stated on the Site they may not be copied, transmitted, displayed, performed, distributed (whether for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used – in whole or in part – except to the extent as expressly permitted by applicable law and then only with clear and conspicuous notice of Future Family’s proprietary rights. However, you may download Content from the Site for your personal use, so long as you do not remove or alter any copyright or other notice as may be contained in the Content when downloaded or printed.


Future Family claims certain registered (where so indicated) and unregistered trademarks and services marks in the Content and trade dress of this Site. Unauthorized use or reproduction of any such trademarks and service marks is prohibited.


(A) NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS


Future Family respects the intellectual property of other parties. We respond to notices of alleged copyright infringement when we receive notice of such infringement, as outlined below. If you believe that the Content of this Site is used or presented in manner that constitutes copyright infringement, you may send us a notice of such alleged infringement by United States mail or electronic mail to:


Marshall West Owens

Email: west@futurefamily.com

Telephone Number: 650-458-7564


Mailing Address

Future Family, Inc.

ATTN: Marshall West Owens

655 Montgomery Street, Floor 7

San Francisco, CA 94111


Under applicable law your notice of an alleged copyright infringement must include:


  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged infringed;
  2. Identification of the copyright work claimed to have been infringed (if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site);
  3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Future Family to locate the material
  4. Information that is reasonably sufficient to permit Future Family to contact the complaining party, such as an address, telephone number, and (if available) an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and (under the penalty of perjury) that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. LINKS TO OTHER SITES


Future Family may establish on this Site links and pointers to websites that are operated and maintained by third parties (each, a “Third Party Site”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to a Third Party Site is not a recommendation or endorsement by Future Family of any products, services, information, goods, ideas, or opinions that may be found on any Third Party Site. Future Family makes no warranties, either express or implied, concerning the content of any Third Party Site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose. Future Family does not warrant that any Third Party Site is free from any claims of copyright, trademark, or other infringement. Future Family does not warrant that any Third Party Site is free from any viruses or other contamination. You understand that Third Party Sites may have a privacy policy that is different from that of Future Family and that Third Party Sites may provide less security than this Site. The choice to access a Third Party Site, or to purchase or otherwise use any of the products or services advertized or provided on a Third Party Site is yours, in your sole discretion.


8. POTENTIAL FOR SITE DISRUPTION


Your access to the Site may, from time to time, be unavailable, delayed, limited or slowed due to, among other things:


  • Hardware failures, including (among other things), failures of computers (including your own), servers, networks, telecommunication lines and connections and other electronic and mechanical equipment.
  • Software failures, including (among other things) bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls of screening programs, unreadable codes, or irregularities within Content;
  • Overload of system capacity.
  • The occurrence of one or more “force majeure” events, such as severe weather, earthquakes, wars, insurrection, riots, civil disobedience, strikes and/or work stoppages, accident, fire, water damage, explosions, mechanical breakdowns, natural disaster, or other acts of God.
  • Power supply interruption or utility service interruption.
  • Legal or governmental restrictions including (but not limited to) court rulings or orders, restrictions imposed by regulatory bodies, or other forms of human intervention.
  • Any other cause that is beyond the control of Future Family.

9. DISCLAIMER OF WARRANTIES


BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR, AS WELL AS OTHER FACTORS, FUTURE FAMILY AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS FROM THE CONTENT MADE AVAILABLE ON THE SITE. YOU ACKNOWLEGE THAT NEITHER FUTURE FAMILY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, ALL CONTENT IS PROVIDED “AS IS” TO THE USER OF THE SITE, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONJUNCTION WITH THE CONTENT. IN NO EVENT WILL FUTURE FAMILY BE LIABLE TO YOU FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR TOHER DEFECT IN THE SITE, ANY INCOMPATABILITY BETWEEN THE SITE AND YOUR FILES AND BROWER, OR ANY OTHER PROBLEMES EXPERIENCED BY YOU DUE TO CAUSES BEYOND THE CONTROL OF FUTURE FAMILY.


10. LIMITATION OF LIABILITY


IN NO EVENT SHALL FUTURE FAMILY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABLITIES INCLUDING (WITHOUT LIMITATION) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOUR RELIANCE ON THE CONTENT, OR IN CONNECTION WITH ANY FAILURE OF AVAILABILITY, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OF SYSTEM FAILURE, EVEN IF FUTURE FAMILY, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.


11. YOUR PRIVACY WHEN VISITING THE SITE


Please review our Privacy Policy, which also governs your visit to this Site.


12. INDEMNIFICATION


You agree to defend, indemnify, and hold Future Family, its affiliates and their shareholders, directors, officers, employees, agents, and independent contractors harmless from and against all claims and expenses, including attorney’s fees, arising out of your violation of these Terms of Use or your misuse of this Site, the Content, your use of the Future Family Services or your use of the proceeds of any Loan.


13. SEVERABILITY AND MODIFICATION


In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

We reserve the right to change the Terms of Use at any time, without notice, and in our sole discretion. Please check these Terms of Use periodically for changes. The most recent revision date of these Terms of Use is found above.


14. GOVERNING LAW AND JURISDICTION


You agree that your use of the Site shall be governed by all applicable federal laws and the laws of the State of California, without giving effect to any principles of conflict of law. To the extent permitted by applicable law, you agree to submit to the sole and exclusive jurisdiction of the state and federal courts sitting in the City of San Francisco in the State of California.