Terms of Service

Effective date: November 30, 2023

Welcome to Stork Club Fertility, Inc.’s (“Stork Club,” “we,” or “us”) website (“Website”) or one of our applications (“Apps”). We help employers offer family-related benefits, including fertility and parental programs (the “Services”) to their employees (the “Users”). These Terms of Services, our Privacy Policy, our our HIPAA Notice of Privacy Practices and Consent (each of which are linked below) help you understand our practices to provide the Website, the Apps, and any other services provided by us. The Website and Apps may be referred to collectively herein as the ”Stork Club Products” and the Stork Club Products may be referred to herein together with the other services provided by us as the “Services.”

By accessing or using the Services, you agree to these Terms of Service, our US Privacy Policy, and our HIPAA Notice (and, as applicable, you acknowledge the contents of our Global Privacy Notice).

These Terms do not apply to third party sites or applications to which we provide access through our Services. These sites or applications set their terms and privacy policies independent of us. We encourage you to review the terms and privacy policies of these sites and applications before you access, enroll in, or use them.

Although we help navigate employer family-related benefits for employees and their dependents, individuals under 18 years of age are not authorized to use the Stork Club Services or Products, with or without a registration. Stork Club does not agree to offer Stork Club Services and Products to individuals under the age of 18.

What These Terms of Service Cover

These Terms constitute a binding legal agreement between you and Stork Club. If you have been authorized to, and are helping another person apply for and/or use the Services, these Terms constitute a legally binding agreement between both the helper and the person being helped and Stork Club.

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY THESE TERMS, THEN YOU MAY NOT ACCESS, BROWSE OR USE THE SERVICES. MOREOVER, WE DO NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

We reserve the right, at our discretion, to modify, replace, update or change any of these Terms at any time and for any reason. Any changes, revisions or modifications to these Terms shall become effective upon posting by Stork Club on the Stork Club Products. Stork Club will not provide you with notice other than posting any updated Terms to the Stork Club Products. It is your responsibility to check these Terms periodically for changes. By continuing to use the Services, you agree to accept all such changes, revisions or modifications to the Terms.

If you accept these Terms but later decide that you want to terminate your account, please contact us at care@joinstorkclub.com, and we will verify and complete your request.

Who May Use Our Services

Your access to and use of the Services is expressly conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users of the Services. If you do not agree with these Terms, you are not authorized to access or use any portion of the Services in any manner or for any purpose.

Your use of any of the Services may be subject to additional terms, including terms and conditions provided by a third party. If you do not agree with any of these additional terms and conditions, you are not authorized to use the Services subject to such additional terms.

In order to receive the Services, you must register as more fully described below in the section entitled “Registration.” You represent and warrant that you have the right, authority and capacity to enter into these Terms and are at least 18 years old. In addition, you represent and warrant that (1) all registration information that you submit or that is submitted on your behalf is complete, accurate and truthful, and (2) in the event that you allow a third party to assist you in providing any information, including in completing the application and submitting any registration information to us, you have reviewed and confirmed that all such registration information is complete, accurate and truthful prior to its submission to us.

Stork Club may, in its sole discretion, refuse to offer the Services to any person or entity and change our enrollment criteria for the Stork Club Services at any time for any reason. This provision is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

Stork Club reserves the right, at its discretion, to change, modify, replace suspend, or discontinue the Services or any component thereof (including without limitation, the availability of any feature, specification, database, or content) at any time and for any reason. Stork Club will not be liable to you for any such change, modification, replacement, suspension or discontinuation of your rights to access and use the Services. Stork Club may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

What Services We Provide

As part of the Services:

  1. We offer fertility and parental informational programs to individuals who’re looking for help with fertility preservation, assisted pregnancy (e.g. IVF, surrogacy), pregnancy, newborn care and their return to work after childbirth; and
  2. We help organize and manage employer-sponsored fertility coverage to help employees and their partners undergo fertility treatments (e.g. egg freezing, IVF) at Stork Club in-network clinics.

Our Services may include, without limitation, the following:

  • The ability to transmit, display and access health information shared by you and others through our Services, augmented with information collected about you through authorized third parties (e.g., televisits with our Experts, communication with Care Partner, information about your benefits from your employer).
  • The ability to build, maintain and enable your participation in an online community related to your participation in the Services and your health goals.
  • Access to other information about Stork Club and our products and/or services through the various websites we own and operate, including, without limitation, my.joinstorkclub.com website and domain name, and any other features, content or applications offered from time to time by Stork Club in connection therewith.
  • The ability to interact with relevant Stork Club personnel in a timely and effective manner from the time of your account activation in Stork Club Products and throughout the course of your access to and use of the Stork Club Services, including but not limited to Stork Club vetted experts, Care Partners, and support team.
  • The ability to interact with your other healthcare and benefits providers, integrated in your custom program.
  • The ability to find information about your fertility program, if included in your custom package of Stork Club Services by your employer. If so, you can undergo certain fertility treatments at Stork Club in-network clinics.
  • You may use the Stork Club Products to access and use the Services. In order to access and use the Services, you must download it from a digital distribution platform, such as the Apple App Store or Google Play (the “Mobile App Provider”). You acknowledge and agree that: (i) these Terms are entered into between you and us, and not with the Mobile App Provider, and that we are solely responsible for the Mobile App (not the Mobile App Provider); (ii) the Mobile App Provider has no obligation to furnish any maintenance and support services with respect to the Mobile App; (iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and provided such infringement is not the result of any modification made to the Mobile App by you or your unauthorized use of such Mobile App; and (v) you must also comply with all applicable third party terms of service when using the Services.

No Medical Advice

OUR SERVICES DO NOT INCLUDE THE PROVISION OF ANY MEDICAL ADVICE OR TREATMENT BY STORK CLUB. THE SERVICES ARE NOT INTENDED TO BE AND DO NOT CONSTITUTE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. RATHER, THE SERVICES ENABLE REGISTERED USERS TO ACCESS DIGITAL CONTENT AND HEALTH COACHING TOOLS AND RESOURCES, INCLUDING AN EXPERT WHO MAY PROVIDE YOU WITH LIMITED WEB-, TELEPHONE-, SMS-, OR EMAIL-BASED SUPPORT. STORK CLUB DOES NOT EMPLOY OR CONTRACT WITH PHYSICIANS TO PROVIDE MEDICAL CARE TO YOU — OUR EXPERTS ARE NOT LICENSED PHYSICIANS OR LICENSED HEALTH CARE PROVIDERS. WHILE THE SERVICES PROVIDE INFORMATION, STORK CLUB CANNOT AND DOES NOT DIAGNOSE YOUR HEALTH CONDITIONS OR CONDITIONS OF YOUR CHILD(REN) OTHERWISE PROVIDE YOU WITH ANY MEDICAL ADVICE OR TREATMENT. ANY CONTENT PROVIDED OR ACCESSED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY OUR PERSONNEL, IS FOR INFORMATIONAL PURPOSES ONLY. THIS CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE, CHANGING YOUR DIET OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER, AND DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

TO THE EXTENT YOU RECEIVE MEDICAL CARE IN CONJUNCTION WITH OR CONSEQUENT TO THE SERVICES, YOUR TREATING MEDICAL PROFESSIONAL IS RESPONSIBLE FOR OBTAINING YOUR INFORMED CONSENT TO ANY MEDICAL DIAGNOSIS OR TREATMENT, INCLUDING WITHOUT LIMITATION, YOUR CONSENT TO USE TELEMEDICINE IN THE COURSE OF YOUR TREATMENT TO THE EXTENT SUCH CONSENT IS REQUIRED BY APPLICABLE LAW. THIS DIAGNOSIS OR TREATMENT IS SEPARATE FROM AND UNRELATED TO THE SERVICES PROVIDED BY STORK CLUB. STORK CLUB DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. STORK CLUB IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN IN CONNECTION WITH OR AS A RESULT OF USING THE SERVICES.

No Emergency Services

THE SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY OR TIME-CRITICAL CALLS OR COMMUNICATIONS TO ANY TYPE OF HOSPITAL, LAW ENFORCEMENT AGENCY, MEDICAL CARE UNIT, OR ANY OTHER KIND OF EMERGENCY OR TIME-CRITICAL SERVICE.

THE SITE, THE MOBILE APP AND THE SERVICES ARE FOR NON-EMERGENCY PURPOSES ONLY. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THE SITE, THE MOBILE APP OR THE SERVICES. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

If Stork Club becomes aware of or suspects an emergency, Stork Club may, at its sole discretion, secure from any licensed hospital, physician, and/or medical personnel (“Emergency Responders”) any emergency treatment deemed necessary by Stork Club for your immediate care. You understand and agree that, in the event that Stork Club does take any action with respect to securing Emergency Responders on your behalf, you, not Stork Club, will be solely responsible for payment of any and all medical services rendered in connection with any such treatment.

Access and Use of the Services

Registration

As a condition to using the Services, you will be required to register with Stork Club. You will be required to enter User’s name, email address, password, and certain other information (e.g., date of birth, contact information). You shall provide Stork Club with true, accurate, complete, and current registration information and maintain and update promptly any changes to such information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account.

You acknowledge and understand that in connection with your use of the Services, it may be necessary for Stork Club to process information relating to your health or other sensitive categories of personal data that you think it necessary to provide (for example, details of sex life or sexual orientation, race or ethnicity). All such information is provided at your own discretion. In certain jurisdictions, we may require your consent to process such information. Where required, we will present you with appropriate consent options. While provision of information is voluntary, in the event that you do not consent (or revoke a consent previously given), it may not be possible for us to deliver Stork Club Services or Products to you, in which case we may cease the provision of Stork Club Services and Products to you without liability.

Registration Security

You shall not (a) use as a name of another person with the intent to impersonate that person; (b) use as a name subject to any rights of a person other than you without appropriate authorization. Stork Club reserves the right to refuse registration of or cancel your Stork Club account in its sole discretion. You are responsible for safeguarding your Stork Club login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.

Electronic Communications

As a condition of using Stork Club Products and participating in the Services, you will be required to provide Stork Club with your email address and phone number as part of registration. By activating your Stork Club account (or, in certain jurisdictions, where you provide your consent), you give Stork Club permission to communicate your information about your healthcare and health coverage via registered mail, email and other electronic communications, SMS messages, voice calls, push notifications or otherwise. The information we may share include, but not limited to, information about your healthcare, plan or claims, benefit statements, changes to your plan, suggestions to improve your healthcare experience, information about your coverage, and any related information. You may change your communication preferences at any time on https://my.joinstorkclub.com/profile or by emailing us at care@joinstorkclub.com. See our Privacy Policy and HIPAA Notice of Privacy Practices and Consent for further information regarding use of your information.

Covered Third-Party Providers

Our program pages include lists of providers in your network and are designed to help you find the healthcare provider faster. The information in the tool about each provider is provided by network partners (e.g. your health insurance provider) and is updated regularly; however, before receiving services, you should independently confirm whether providers are in your network.

THIRD-PARTY PROVIDER LISTS ARE PROVIDED AS IS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PROVIDER INFORMATION ON THE THIRD-PARTY PROVIDER LISTS TOOL, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Modifications to Service

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Stork Club Services (or any part thereof) with or without notice. You agree that Stork Club, its directors, officers, employees, affiliates, and assigns will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof, whether temporary or permanent, or for any loss of information or access to information resulting therefrom.

With the exception of the Services, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment necessary for you to access and use the Services, as well as Internet services via the Internet service provider of your choice and any wireless services your require (the “Connections”). This responsibility includes, without limitation, your utilizing current versions of web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. By activating your account you consent to these Terms, you demonstrate that you can access information that we provide to you by using the Stork Club Products.

Conditions of Use

Conduct and Rules

As a condition to using the Services, you agree not to use the Services for any purpose that is prohibited by these Terms. You shall, at all times, abide by all applicable local, state, and federal laws, rules and regulations in accessing and using the Services. The Services (including, without limitation, any Content as defined) are provided only for your own personal, non-commercial, limited use in accordance with these Terms. You are responsible for all of your activity in connection with the Services. For purposes of these Terms, the term “Content” includes, without limitation, any advertisements, advice, lessons, instructions, suggestions, videos, audio clips, written forum comments, information, posts, comments, materials, data (obtained about you through the Services or from third parties), content, text, photographs, images, software, scripts, art, graphics, logos, button icons and interactive features generated, provided, or otherwise made accessible by or to Stork Club or its partners on or through the Services.

By way of example, and not limitation, you shall not, and shall not permit any third party to, directly or indirectly (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other rights of any other person or entity;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
  • constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
  • involves commercial activities and/or sales without Stork Club’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Stork Club or any third party;
  • restricts or inhibits any other user from using and enjoying the Services;
  • alters, damages, or deletes any Content, other than content created by you, or otherwise interfere with the ability of other users to access the Services;
  • impersonates any person or entity, including any employee or representative of Stork Club; or
  • otherwise disrupts the normal operation of the Services.

Additionally, you shall not: (a) take any action that imposes or may impose an unreasonable or disproportionately large load on Stork Club (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on or as a part of the Services; (c) bypass any measures Stork Club may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (d) run Maillist, Listserv, any form of auto-responder or “spam” on the Services; or (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, in each case as determined by Stork Club in its sole discretion.

You shall not (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (b) modify, translate, or otherwise create derivative works of any part of the Services; or (c) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. Stork Club reserves the right to remove any Content from the Services at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Stork Club is concerned that you may have violated these Terms), or for no reason at all. Stork Club also reserves the right to access, read, preserve, and disclose any information as Stork Club reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Stork Club, its users and the public.

Generally speaking, you shall refrain from providing Stork Club with sensitive personal information (including "Special Categories Personal Data", as defined in our Global Privacy Notice), unless it is expressly requested by Stork Club or you determine that the provision of such information is absolutely necessary in connection with your receipt of the Stork Club Products or Services. Stork Club reserves the right to delete information that it does not consider necessary, in its discretion, in line with applicable laws.

Third-Party Websites and Materials

The Services may allow you to display, use, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites (“Third Party Websites”). For example, the Services integrate some third-party providers such as Milk Stork — milk shipping services or Trusted Childcare. In such case, in order to use the Services, you must agree to the Milk Stork and Trusted Childcare Terms of Use and their Privacy Policies.

When you use any Third Party Materials or access any Third Party Websites, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use and/or privacy policies that apply to such Third Party Materials or Third Party Websites. These Third Party Materials and Third Party Websites are not under Stork Club’s control, and Stork Club is not responsible or liable for the availability, performance, reliability, content, functions, accuracy, legality, appropriateness, services, materials or any other aspect of such Third Party Materials and Third Party Websites. Stork Club is providing these Third Party Materials and links to Third Party Websites for your convenience. The inclusion of any such Third Party Materials or links in the Services does not imply endorsement or recommendation by Stork Club or any association with the third party website’s operators. Stork Club also does not accept any responsibility for technical failures or for unauthorized access of user transmissions by any third parties.

The providers of Third Party Materials and Third Party Websites (each, a “Third Party Service Provider”) may collect and use certain information about you, as specified in their privacy policies and terms of use. Prior to using or providing any information to any Third Party Service Provider, you should review their privacy policy and terms of use. If you do not understand or do not agree to the terms of a Third Party Service Provider’s privacy policy and/or terms of use, you should not use the services. Stork Club, its directors, officers, employees, affiliates, and assigns are not liable for any loss or claim that you may have against any such third party.

Content and Intellectual Property

Stork Club Products and Services (including but not limited to the Site, the Mobile App and the Stork Club programs) and the Content are protected under the United States and international intellectual property, copyright, trademark, patent, trade secret and other laws. The Stork Club Products, Services and the Content are the sole property of Stork Club. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the Services or any Content or third party submissions or other proprietary rights not owned by you (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right.

Subject to your compliance with these Terms (and any other terms governing your use of the Services), you are granted a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access our Site, download and use the Mobile App, and use the Services. All rights in and to the Services (including, but not limited to, the Site, the Mobile App, the Stork Club Program and the Content) not expressly granted in these Terms are hereby reserved and retained by Stork Club.

At Stork Club, we respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Stork Club will respond expeditiously to claims of copyright infringement. If you believe that any materials you or others access via the Services infringe your copyright or other intellectual property rights (e.g., trademark infringement or right of publicity), please contact our Copyright Agent at the address below and provide the following information:

  1. Your full legal name and electronic or physical signature
  2. A description of the copyrighted work or other interest that you believe has been infringed;
  3. Enough information to properly identify and locate that content (including, at a minimum, the relevant URL)
  4. Contact information, including your address, telephone number, and email address
  5. The following statements in the body of notice:
  • “I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law.”
  • “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP.”

Upon receipt of notice as described above, we will seek to confirm the existence of the IP and take whatever action, in its sole discretion, we deem appropriate.

Our designated Copyright Agent for notices of copyright infringement and counter-notices is: Stork Club Fertility, Inc.. ATTN: Copyright Agent legal@joinstorkclub.com.

Publicity

Unless otherwise specified, Stork Club may use Customer’s name, logo and marks (including marks on Customer Properties) to identify Customer as a Stork Club customer on Stork Club's website and other marketing materials.

Termination

Stork Club may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. Upon termination of your right to use our Services, including the Site and the Mobile App, or our termination of the Services, all licenses and other rights granted to you by these Terms will immediately terminate.

If you wish to terminate your account, you may do so by contacting our customer support team at care@joinstorkclub.com. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

STORK CLUB, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED THEREIN (I) DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON OR THROUGH THE SERVICES AND (II) DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE.

WITHOUT LIMITING ANYTHING IN THIS AGREEMENT, ANY GENERAL ADVICE OR INFORMATION THAT MAY BE POSTED ON STORK CLUB PRODUCTS OR THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE ANY MEDICAL OR OTHER PROFESSIONAL ADVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE SERVICE OR STORK CLUB OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE STORK CLUB OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER THIRD-PARTY SERVICE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH YOU REQUIRE MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED MEDICAL SERVICES PROVIDER. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911.

NOTHING STATED, POSTED, OR IMPLIED ON THE SERVICES IS INTENDED TO BE AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, SOCIAL WORK, OR OTHER PROFESSIONAL HEALTHCARE ADVISE OR THE PROVISION OF MEDICAL CARE.

YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING CONTENT.

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification and Release

You will hold harmless and indemnify Stork Club and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of Stork Club Services and Stork Club Products or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

If you are a resident of another jurisdiction, you agree to waive any similar statute or doctrine. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Limitation of Liability

(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STORK CLUB, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOODWILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT STORK CLUB HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO AIRTABLE MORE THAN THE GREATER OF $50.00.

Some jurisdictions do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.

NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF A PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER ARISING FROM OR RELATED TO MEDICAL SERVICES THAT YOU MAY RECEIVE IN CONNECTION WITH OR CONSEQUENT TO YOUR USE OF THE STORK CLUB SERVICES. WE ARE NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY SUCH LICENSED MEDICAL PROFESSIONAL OR ANY OTHER PARTY.

Any claims against Stork Club arising in connection with your use of the Stork Club Services must be brought against Stork Club within one (1) year of the date of the event giving rise to such action.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America.

These Terms, the US Privacy Policy, Global Privacy Notice and the HIPAA Notice and any other agreement referenced herein, constitute the entire agreement between you and Stork Club with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Stork Club with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Resolving Disputes

We hope to solve issues before they become problems. To help us do so, you agree to contact care@joinstorkclub.com first, before filing a claim against Stork Club.

With respect to any disputes or claims not subject to arbitration, as set forth below, Stork Club and you agree to submit to the personal and exclusive jurisdiction of the state courts located within San Francisco County, California and federal courts located within San Francisco, California.

Prohibition of class and representative actions and non-individualized relief.

STORK CLUB AND YOU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH STORK CLUB AND YOU AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

Privacy and Your Personal Information

Stork Club’s US Privacy Policy is located at https://my.joinstorkclub.com/legal/privacy (the “Privacy Policy”) and is expressly incorporated into these Terms. The Privacy Policy discloses Stork Club’s practices regarding the collection, use, and disclosure of your personal information that you create, upload, transmit or display while using the Services when you are a user of the Services located in the US. By agreeing to these Terms, US based users are also agreeing to the terms of Stork Club’s Privacy Policy and are consenting to the collection, use and disclosure of information provided to Stork Club as set forth therein. For inquiries in regard to the Privacy Policy or to report a privacy-related problem, please contact us at legal@joinstorkclub.com. Users based outside the US, should refer to our Global Privacy Notice located at https://joinstorkclub.com/legal/privacy_global.

The Services include, but not limited by the ability to connect with an invitation-only social network of people planning to or currently undergoing fertility treatments (e.g., egg freezing, IVF). WHERE APPLICABLE LAW REQUIRES AND PERMITS, BY VISITING OR USING THE SERVICES, YOU CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION, INCLUDING HEALTH-RELATED INFORMATION SUCH AS YOUR MEDICAL CONDITIONS, IN ACCORDANCE WITH OUR PRIVACY POLICY. ALTERNATIVELY, WHERE REQUIRED BY APPLICABLE LAW, WILL WE OBTAIN YOUR SEPARATE CONSENT TO OUR PROCESSING OF YOUR HEALTH-RELATED INFORMATION (AS DESCRIBED IN THESE TERMS AND OUR PRIVACY NOTICE). IF YOU DO NOT CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF THIS INFORMATION, YOU SHOULD NOT ACCESS OR USE THE SITE, MOBILE APP OR THE SERVICES (AND IN THE EVENT YOU DO NOT PROVIDE A CONSENT, OR REVOKE A CONSENT PREVIOUSLY GIVEN, IT MAY NOT BE POSSIBLE FOR US TO DELIVER STORK CLUB SERVICES OR PRODUCTS TO YOU, IN WHICH CASE WE MAY CEASE THE PROVISION OF STORK CLUB SERVICES AND PRODUCTS TO YOU WITHOUT LIABILITY).

General

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. All claims arising out of or relating to these terms or the Services or the Stork Club Products must be litigated exclusively in the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive agreement between you and Stork Club Fertility, Inc., and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. Stork Club’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. Stork Club may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Changes to Terms

We may revise the Terms of Services from time to time. If a revision is material, as determined solely by us, we will notify you, for example via email. The current version will always be posted to our Terms page.

Contact us

If you have any questions about these Terms, please contact us at legal@joinstorkclub.com.