We would like to emphasize that although our Platform is intended to facilitate a connection between Fertility Agencies and Surrogates, Egg Donors and/or Potential Parents and other Providers, we do not offer surrogacy services. Rather, our main purpose is to facilitate the journey toward becoming parents by making our Platform available for use by the Users. Accordingly, our Platform provides all parties involved in such journey an opportunity to connect with each other under one single destination. Therefore, Expecting is not and will not become a party to any relationship formed between any of the Users. We would also like to emphasize that the information available on our Platform is uploaded by the Users (or by us on their behalf) in their complete discretion and, even though there are certain limits and restrictions, under these Terms (as further provided below) on the information that may be uploaded to the Platform, we do not guarantee that the information uploaded to the Platform will comply with all the requirements set forth in these Terms and, among other things, we do not provide any assurance that such information is accurate or complete.
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. OUR WEBSITE IS NOT A MEDICAL OR LEGAL ADVICE PROVIDER. NO SPECIFIC EGG 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 LAWYER BEFORE EXERCISING ANY AGREEMENT WITH ANY SURROGATE OR EGG DONOR OR POTENTIAL PARENT WHOSE NAME WAS OBTAINED FROM THE PLATFORM AS THE FIELD OF EGG DONATION AND GESTATIONAL OR TRADITIONAL SURROGACY IS SUPERVISED AND REGULATED IN MANY STATES.
To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information as set out in each of our enrollment forms (each ‟Enrollment Formˮ). Please note that you need to provide all required information in the Enrollment Form in order to create your Account. You agree that you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. You agree to:
You may, at any time, suspend or close your Account. If you suspend your account, you will not be able to access our Platform as a User until such time that you re-activate the Account. If you close your account, you will not be able to re-activate your Account. Accordingly, if you wish to regain access to our Platform, you will have to enroll again.
If you are a Fertility Agency or Fertility Clinic, you also represent that:
You agree to use the Platform solely for legitimate purposes expressly permitted by these Terms. You shall not: (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights and obligations under these Terms; (ii) transfer, distribute, scrap or copy all or any part of the Platform; (iii) link to, mirror, or frame any portion of the Platform; (iv) make use of the Services or distribute any part thereof in any jurisdiction where same are illegal or which would subject Expecting or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) visit or access the Services through, or use with the Services any, unauthorized means, services or tools, including, without limitation, any data mining, robots, or similar automated means or data gathering and extraction tools, including, without limitation, in order to extract for re-utilization of any parts of the Platform; (viii) publish, send, or facilitate the sending of any unsolicited mass messages, promotions, advertisements, or solicitations (like spam), including commercial advertising and informational announcements; (ix) distribute, upload, transmit, submit, publish, send, or facilitate the sending of inappropriate, inaccurate, misleading, pornographic, fraudulent, libelous, defamatory, offensive, threatening, vulgar, obscene, abusive or otherwise illegal content or content which infringes intellectual property rights of third parties or their right for privacy or publicity; (x) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of, the Platform and/or any other software available on the Platform or create derivative works thereof; (xi) create false personas or entities, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself; (xii) attempt to obtain private information from other users in any form or manner whatsoever other than for the Services; (xiii) attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; (xiv) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (xv) interfere with or damage the Platform, including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Services; (xvi) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform; and/or (xvii) remove, change or modify any trademarks from or attach any additional trademarks to the Platform.
You as a User hereby also agree that you shall not: (i) copy, use, disclose or distribute any information obtained from the Platform, whether directly or through third parties, without the consent of Expecting; (ii) Disclose to third parties User Content of Surrogate or Egg Donor that you do not have the consent to disclose without first obtaining such User's written consent).
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.
In order to use the Services provided through the Platform, you hereby agree as follows:
You own the intellectual property rights in any such User Content that you create and share on the Platform. Nothing in these Terms takes away the rights you have to your own content.
If you are a Surrogate or Egg Donor:
A Fertility Agency or a Fertility Clinic may upload to the Platform information from its own data base which includes details and other information of potential egg donors or surrogates to which the Fertility Agency or the Fertility Clinic provides its services, including name, profile picture and other personal information of such potential egg donors and surrogates (the “Fertility Agency Database” or “Fertility Clinic Database", respectively, and collectively the "Database")
Any Fertility Agency or Fertility Clinic uploading any portion of its Database hereby grants Expecting an, worldwide, perpetual, non-exclusive, royalty-free and fully paid-up license, to use, copy, adapt, license, transfer and display, the portion of the Fertility Agency Database uploaded to the Platform in relation to the Services.
Other than the limited license provided above, the Fertility Agency and the Fertility Clinic shall continue to own all rights and interest in the its Database so uploaded.
You as a Fertility Agency or Fertility Clinic hereby represents and warrants that you have all necessary rights, and have obtained all necessary consents to upload such Database to our Platform and to grant us the license to use such Database in accordance with these Terms.
As the Platform develops, users may be asked to provide comment or other communication on the Platform. We appreciate hearing from our users and welcome your comments regarding the Platform ("Feedback"). Any Feedback will be considered non-confidential and non-proprietary, and Expecting will own all rights to the Feedback and shall be free to copy, disclose and otherwise use for non-commercial or commercial uses any such Feedbacks and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation to you or any other person.
As a Fertility Agency or Provider you have the ability to enroll to the Expecting Per Meeting Services, which enable Intendent Parent to schedule a meeting by any mean, with a Fertility Agency or other Provider by contacting them directly through our Platform (“Per Meeting Services”). The purpose of our Per meeting Services is to help Intendent Parents to get one step closer to becoming parents by facilitating their initial connection with the relevant provider. Once an Intendent Parent schedules a meeting with a Fertility Agency or other Provider through our Platform, we will send them an invitation for the virtual meeting.
As a Fertility Agency and Fertility Clinic, you agree to pay all monthly subscription fees described under your Enrollment Form. As a Fertility Agency or Provider who enrolled to the Per Meeting Services, you agree to pay the Per Meeting Services fees. Failure to pay these fees (whether for the Services and/or Per Meeting Services fees) will result in the termination of your Account and access to the Platform.
Also, you agree that:
Our Platform include content that belongs to Expecting, for example, articles, publications and other content uploaded to the Platform by Expecting on behalf of Expecting or any other on its behalf (“Expecting Content”). You may use Expecting Content as allowed by these Terms. Don’t remove, obscure or alter any of our Expecting Content. If you want to use our Expecting Content, please contact us.
The Platform ,Services and Expecting Content 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, and 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, Services or Expecting 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.
The Platform may contain links to other websites and other online resources not hosted, owned or operated by Expecting. The Services also may utilize third party Services, advertisements, offers and payment systems.
Except as otherwise expressly stated by Expecting, we do not control and are neither affiliated with nor responsible for the operators of any third party websites or other resources that link to or are linked from the Platform, and we have neither reviewed nor endorsed such third party websites or other resources.
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 Platform depends on various factors such as software and tools, either own by us or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
In the event that you believe that any content included in the Platform violates your intellectual property rights, right to privacy or is defamatory or otherwise illegal, please file a detailed notice of complaint to Expecting at the following email address: email@example.com, identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to remove the content.
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.
EXPECTING DOES NOT HAVE CONTROL OVER AND DO NOT GUARANTEE (I) THE EXISTENCE, QUALITY, SAFETY, SUITABILITY, OR LEGALITY OF ANY RELATIONSHIP FORMED BETWEEN USERS, (II) THE TRUTH, ACCURACY OR SUITABILITY OF THE USER CONTENT AND/OR FERTILITY AGENCY CONTENT (AS DEFINED ABOVE) OR TO ANY DESCRIPTION, INFORMATION OR ANY OTHER ASPECT REFERRED OR PROVIDED BY USERS OF THE PLATFORM, (III) THE PERFORMANCE OR CONDUCT OF ANY USER OF THE PLATFORM OR OTHER THIRD PARTY THEREOF OR (IV) THE LEGALITY OR COMPLIANCE WITH LAWS, RULES, REGULATIONS, ORDERS AND DECISIONS THAT MAY BE APPLICABLE TO ANY RELATIONSHIP BETWEEN USERS OF THE PLATFORM OR THE SUBJECT MATTER THEREOF.
THE PLATFORM AND SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE OF A LICENSED MEDICAL OR LEGAL 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 THE SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND RESPONSIBILITY. YOU AGREE THAT YOU ARE VOLUNTARILY USE 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 EXPECTING 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 PLATFORM OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM 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 PLATFORM 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.
If you close or if we disable your Account, these Terms shall terminate as an agreement between you and us. Upon termination, you shall immediately cease using the Platform, pay Expecting any applicable fees and payments due as of termination. The following Sections shall survive such termination: 2,4,5,6, 8-11, 13, 15 - 19
Termination of your access to the Platform may also include removal of your User Content, Fertility Agency Database or any other information uploaded by you to the Platform. You agree that Expecting shall not be liable to you or any third party for any termination/suspension of your access to the Platform and to any information you have uploaded to the Platform, and we shall not be required to make such information available to you after any such termination, subject to applicable law.
Following termination or deactivation of your Account, or if you remove any of your User Content, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. If you choose to make any information public, you give Expecting permission to use it to provide and improve the Services, in accordance with and subject to applicable law.
Effect of Headings
Entire Agreement; Waiver
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.
Waiver of Jury Trial and Class Action
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-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Modification of Terms
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.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: firstname.lastname@example.org
Last update: March 22, 2022