INFORMATION SHARED ON THE PLATFORM SHOULD NOT BE REGARDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR LEGAL ADVICE, AND SHOULD BE RELIED UPON WITH MUCH DESCREETION. WEBSITE IS NOT A MEDICAL OR LEGAL ADVICE PROVIDER. NO SPECIFIC DONOR OR SURROGATE IS ADVOCATED OR ENDORSED ON OUR PLATFORM. NO PARTICULAR MEDICAL PROCEDURE FOR A FULFILLED CHILDBIRTH OR ANY RECOMMENDATION FOR THE SAME IS PRACTICED BY WEBSITE. A MEDICAL PROFESSIONAL SHOULD BE CONSULTED CONCERNING MEDICAL ISSUES ASSOCIATED WITH ASSISTED REPRODUCTIVE TECHNOLOGY BY EVERY USER. IT IS RECOMMENDED THAT THE USERS OF THE PLATFORM SHOULD CONSULT WITH A FAMILY LAWYER BEFORE EXERCISING ANY AGREEMENT WITH ANY SURROGATE OR DONOR WHOSE NAME WAS OBTAINED ON THE PLATFORM AS THE FIELD OF EGG AND SPERM DONATION AND GESTATIONAL OR TRADITIONAL SURROGACY IS SUPERVISED IN MANY STATES.
To access our services, you will need to validly register for an account and to become a member with verified phone and email. By becoming a member, you represent and warrant that you are over the age of sixteen (16) and are capable of entering into legally binding agreements in the relevant jurisdiction. You also represent and warrant that you will comply with any and all applicable laws. To create an account, you must create a password-protected account (“Account”). You may register for an Account using your email and creating a password. You agree to provide accurate, current and complete information during the Account registration process and at all other times when you use the Platform, and to continually update information sufficient to keep it accurate, current and complete. You alone are responsible for safeguarding your Account password and other information, and you are solely responsible for all activity that occurs on or through your Account and that you will immediately inform Expecting of any suspected unauthorized use. Expecting is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of your Account. Notwithstanding the foregoing, you may, however, be liable or responsible to Expecting or third parties due to unauthorized use of your Account. You are responsible for maintaining the security of your password or user account, and you are responsible for any acts or omissions that take place on your account.
You also acknowledge and agree that, unless we otherwise specifically agree in writing, Expecting is not in the business of offering surrogacy service; it is just a platform that connects IPs and Donors with various Agencies. You understand that by accessing the Platform, and in becoming a member, you receive only the ability to use the Platform to connect with various IPs, Donors and Agencies. You acknowledge and agree that Expecting is not a party to any relationship or agreement between you and another member, and that any such relationship is between the members only. You also acknowledge and agree that at all times, it is your responsibility and not Expecting’s responsibility, which is disclaimed to the maximum extent of the law, to be familiar with, to abide by and to comply with all relevant federal, state, local, and international laws, rules and regulations that may apply or to any relationship between members.
Members also acknowledge and agree that they are users of the Platform only, and that they are not Expecting employees, joint venturers, partners, or agents whatsoever. Expecting does not have the right to control and does not control members, or the relationships between them or the subject matter of such relationships. While Expecting may help facilitate disputes, we have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any relationship arranged between members, (ii) the truth, accuracy or suitability of any description or any other aspect referred to by members on the Platform, (iii) the performance or conduct of any member or third party or (iv) the legality or compliance with laws, rules, regulations, orders and decisions that may be applicable to any relationship between members or the subject matter thereof. While we may provide information that may be helpful in assisting you to evaluate another member, and their status in the Expecting community, Expecting does not endorse any particular member. To promote the Platform and to increase exposure to potential members, content from the Platform may be displayed on other websites, applications, other communications (including email or SMS or other text message services), and in online and offline advertisements.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE PLATFORM, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to use the Platform and to purchase Service through the Platform for legitimate purposes expressly permitted by this Platform. You may use the Platform and Service for lawful purposes only. You must not without Expecting’s express prior written consent use this platform for any other purpose, including commercial purpose. You shall not broadcast or share through the Platform any content that disregard or breaches the rights of others, or which is aggressive, offensive, abusive, derogatory, injurious, libelous, invasive of privacy or publicity rights, indecent, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
We may, in our sole discretion, permit you to post, upload, publish, or submit content created wholly by you or third parties and that is not created in whole or part by us (“User Content”), which may include but is not limited to profile information, and similar content. By making available User Content to us, you grant to Expecting an irrevocable worldwide, perpetual, non-exclusive, transferable, royalty-free and fully paid up license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, perform, transfer, display, publicly perform, stream broadcast, access, view and otherwise exploit (by means now known or to be developed in the future) the User Content on the Platform and for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by Expecting in public advertising. Expecting does not claim any ownership interest or rights in your User Content and nothing in these Terms shall be deemed to restrict rights you may have in your User Content. You acknowledge and agree that Expecting has no role in the creation, either in whole or in part, of User Content you provide to Expecting or to the Platform and that you alone are solely responsible for all User Content that you make available.
We reserve all rights, in our sole discretion to remove, suspend, disable access to or otherwise to restrict access to the Platform or to User Content that we consider to be a violation of these Terms, Expecting policies and procedures, we consider harmful to the Platform, to Expecting or to any other Member or third party or which we consider to be otherwise objectionable or for any other reason.
The Platform and Service contain intellectual property owned by Expecting, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the expecting.ai domain name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the “look and feel.” The entire Content of our Platform is protected by United States intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Platform or Service Content or intellectual property, in whole or in part without our prior written consent, including any and all text, graphics, code, software, video, audio, or other Content. We reserve the right to immediately remove you from the Service, without refund, or restrict you from access to the Platform, if you are caught violating this intellectual property policy.
The Services may contain links to other websites. The Services also may utilize third party Services, advertisements, offers and payment systems. Expecting is not responsible for these third party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its operators. Expecting is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Expecting be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or Services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator.
THE INFORMATION ON OUR PLATFORM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR PLATFORM IS AT YOUR SOLE RISK. INFORMATION ON OUR PLATFORM SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. UNDER NO CIRCUMSTANCES WILL Expecting BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM OR SERVICE, YOUR PLATFORM USE, OR THE PLATFORM CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONALLY, Expecting IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (A) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (B) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (C) THIRD PARTY THEFT OF, DESTRUCTION, OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE ,GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THIS APPLIES EVEN IF Expecting WAS ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN THE DAMAGES.
THE PLATFORM AND SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE OF A LICENSED MEDICAL PROFESSIONAL. WE DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY ADVICE OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE PLATFORM.
YOU AGREE THAT BY USING ANY PRODUCTS OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND RESPONSIBILITY. YOU AGREE THAT YOU ARE VOLUNTARILY PURCHASING THE SERVICES.
YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
As the Platform develops, users may be asked to provide comment or other communication on the Platform. Any user submissions will be considered non-confidential and non-proprietary, and Expecting will be free to copy, disclose and otherwise use for non-commercial or commercial uses any communication submitted by users. Users are prohibited from posting or transmitting to or from this Platform any unlawful, threatening libelous, defamatory, obscene, pornographic or other material that would violate any state, federal or international law, including without limitation, any material that would infringe upon the intellectual property or other rights of a third party.
Expecting reserves the right to terminate the access of any user who violates any section of these Terms, without notice, at any time. In consideration for access to the Platform, user agrees that Expecting may, in its sole discretion, terminate the user’s access for any reason whatsoever, close the Platform or alter any aspect of it at any time, impose limits or restrict user access or make any other business decision affecting the Platform, without notice and without any liability to user.
All notices, requests, demands, and other communications under this Agreement shall be in writing
and properly addressed as follows:
Expecting Ltd - 442 11th Street Cresskill, NJ 07626
Except where prohibited, user agrees that the interpretation, construction and enforceability of these Terms will be governed in accordance with the laws of the state of Delaware. User hereby consents and submits to the personal jurisdiction of the courts of Delaware for any litigation related to these Terms. Except where prohibited, user agrees that all disputes, claims or causes of action connected with these Terms shall be resolved individually, and not give rise to any form of class action. Further, any judgments and awards will be limited to the extent allowed by law to actual out-of-pocket costs incurred, except that the prevailing party will be entitled to attorneys’ fees. Notice of any claim or cause of action must be served upon Expecting no later than 12 months after the occurrence of the event giving rise to the claim, or be forever barred. In the event of a dispute, the parties will make a good faith effort to resolve it without litigation. If the parties cannot resolve the dispute within 30 days, either party may submit such a dispute to mediation. If mediation cannot resolve the dispute, the parties are free to pursue all remedies and rights available under law.
If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sub-licenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
We may at any time amend these Terms. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Platform. Any use of the Platform or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Platform and Service, including these Terms at any time. We will post the most recent versions to the Platform and list the effective dates on the pages of our Terms.