Terms and Conditions

Terms and Conditions of Use

PLEASE READ CAREFULLY BEFORE USING THIS SITE

By accessing and using this website (“Site”), you accept, without limitation or qualification, these Terms and Conditions and all applicable laws. IntegraMed, America Inc. ("IntegraMed") may revise and update these Terms and Conditions at any time and such revisions are binding on the Site users. Information regarding IntegraMed’s products or services is subject to change without notice and services may not be available in all geographic locations.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of the Site are for informational purposes only and are NOT a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. IntegraMed does not recommend or endorse any vendor, physician, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by IntegraMed, IntegraMed employees, others appearing on the Site at the invitation of IntegraMed, or other visitors to the Site is solely at your own risk. The Site may contain health- or medical-related materials which you may find to be sexually explicit or otherwise offensive. No representation or warranty is made, either expressly or tacitly, for the completeness or correctness of the information on this Site.

THE SITE DOES NOT PROVIDE PHYSICIAN REFERRALS

The "Find a Doctor" section of the Site is intended solely as a method for consumers to locate doctors within the IntegraMed Affiliate Network. Although IntegraMed carefully screens physicians that request to join its Network, we make no warranties concerning the services provided by these physicians. All consumer/physician interaction, including but not limited to advice, treatment etc. is the sole responsibility of the consumer and physician concerned.

USE OF CONTENT

The content of the Site is solely for your personal, noncommercial use only. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. The entirety of the content of this Site is a collective work owned by IntegraMed and is protected by U.S. and international copyright laws. All elements comprising this Site, including without limitation, the text, site design, logo, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of IntegraMed or its licensors, and are protected by U.S. and international copyright laws. All software used in this site is the property of IntegraMed or its licensors, and such software is also protected by U.S. and international copyright laws. Permission is granted to electronically display and electronically copy and print hard copy portions of this Site for your own non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of this site is strictly prohibited. Trademarks, service marks and logos displayed on the Site are the exclusive property of IntegraMed unless otherwise stated and may not be used without the express written consent of IntegraMed. All rights not expressly granted herein are reserved to IntegraMed and its licensors. Content and features are subject to change or termination without notice in the editorial discretion of IntegraMed.

LIABILITY

The use of the Site and the content is at your own risk. When using the IntegraMed Site, information will be transmitted over a medium which is beyond the control and jurisdiction of IntegraMed and its affiliates. Accordingly, IntegraMed assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the IntegraMed Site. The IntegraMed Site and the content are provided on an "as is" basis. INTEGRAMED, ITS LICENSORS, AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES' RIGHTS, FITNESS FOR PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS. Specifically, IntegraMed, its licensors, and its affiliates make no representations or warranties about the following: (i) the accuracy, reliability, completeness including errors or omissions, currentness or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the Site; or (ii) the satisfaction of government regulations requiring disclosure of information on medical treatments or prescription drug products with regard to the content contained on the Site. In no event shall IntegraMed, its affiliates or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the IntegraMed Site or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not IntegraMed is advised of the possibility of such damages. IntegraMed shall be liable only to the extent of actual damages incurred by you, not to exceed U.S.$1000. IntegraMed is not liable for any personal injury, including death, caused by your use or misuse of the Site, content, or Public Area (as defined below). Any claims arising in connection with your use of the Site, any content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. Some jurisdictions may not allow exclusions of implied warranties so some of these exclusions may not be applicable to users in certain areas.

USER SUBMISSIONS

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant--or warrant that the owner of such content has expressly granted--IntegraMed a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed without compensation. IntegraMed may sublicense its rights through multiple tiers of sublicenses. By submitting communications or content to any part of the Site, you agree to indemnify, defend and hold harmless IntegraMed and its licensee, subsidiaries and affiliates from all damages, costs and expenses, including reasonable attorneys’ fees and costs arising out of all claims, challenges or actions related to the User's submission, including, without limitation, claims for infringement of intellectual property rights, libel and defamation related to the User's submission.

PRIVACY

You agree that your use of the Site is also subject to the IntegraMed Privacy Policy which is part of these Terms and Conditions. If you are submitting any information from outside of the United States, you are consenting to use of the information by IntegraMed and members of the IntegraMed Affiliate Network in accordance with the IntegraMed Privacy Policy.

INDEMNITY

You agree to defend, indemnify, and hold IntegraMed, its officers, directors, employees, agents, affiliates, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

GENERAL

IntegraMed is based in Purchase, NY in the United States of America. IntegraMed makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the IntegraMed Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with IntegraMed, in any way relating to your use of the Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving IntegraMed or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT

Except as expressly provided in a particular "legal notice" on the Site, these Terms and Conditions constitute the entire agreement between you and IntegraMed with respect to the use of the IntegraMed Site, and Content. If you have any questions about these Terms and Conditions please contact us at:

IntegraMed America, Inc.
Two Manhattanville Rd.
Purchase, NY 10577 USA
E-mail: ken.abbott@integramed.com