Terms of Use

Last Updated: 5/25/21

This Terms of Use (“Terms”) governs your access to and use of this website (the “Site”), made available to you by Kaldas Center for Fertility, Surgery & Pregnancy (“Kaldas,” “we,” “us,” or “our”).

THIS IS A BINDING AGREEMENT BETWEEN YOU AND KALDAS.  BY ACCESSING OR USING THE SITE YOU AGREE ON BEHALF OF YOURSELF AND ANY ORGANIZATION THAT YOU REPRESENT (TOGETHER, “YOU”) THAT YOU AGREE TO THESE TERMS.  

WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME.  ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE.  BY ACCESSING OR USING THE SITE AFTER CHANGES ARE POSTED YOU AGREE TO THOSE CHANGES.  MATERIAL CHANGES WILL BE CONSPICUOUSLY POSTED TO THE SITE OR OTHERWISE COMMUNICATED TO YOU.

THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS.  PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE KALDAS IN A CLASS ACTION LAWSUIT.

Privacy Policy

Kaldas’ Privacy Policy describes our practices regarding the collection, use, and sharing of Personal Information (defined in the Privacy Policy).  The Privacy Policy is part of these Terms.  If you do not agree to any terms set forth in the Privacy Policy, do not access or use the Site.

Content

The Site, including its text, audio, video, graphics, photographs, interfaces, icons, software, computer code, data, blog posts, publicity materials, brochures, print and video-recorded interviews, case-studies, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Kaldas or, as applicable, its vendors or licensors.

Intellectual Property Rights

The Site and Content are protected by copyright, trademark, and other intellectual property laws.  Any unauthorized use of any intellectual property belonging to Kaldas or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.  Except for the rights expressly granted to you in these Terms, Kaldas reserves all ownership rights in and to the Site and Content, including all intellectual property rights.

Use of Trademarks

Kaldas is the owner all right, title and interest in and to its trademarks, names, logos, insignia, or service marks (the “Trademarks”).  You do not have the right to use any Trademarks except as expressly agreed to in a signed writing by Kaldas.  Any goodwill associated with your use of the Content and Trademarks shall inure solely to the benefit of Kaldas.  In addition, the Site may contain third-party trademarks, names, logos, insignia, or service marks and third-party copyrighted materials, which are the property of their respective owners.  Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent. 

Website Use Rights

Right to Use the Website.  Kaldas grants to you a limited, non-transferable, non-exclusive, terminable right to access and use the Site, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Site as applicable to you, and applicable laws. 

You may download and/or print one (1) copy of this Site’s content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices.  You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of Kaldas.

Content on this Website may include videos and other embedded content, such as YouTube videos.  Any access to YouTube videos is also subject to YouTube’s Terms of Service available here.  By accessing such content you are agreeing to be bound by YouTube’s Terms of Service. 

Copyright Policy

We respect the intellectual property rights of others and we ask that you do the same.  We strive to expeditiously remove any infringing material from the Site if we become aware of it.  It is our policy to terminate repeat infringers’ use of the Site. 

Acceptable Use Policies

Compliance with Laws.  You are responsible for complying with all applicable laws, regulations, and rules in connection with your access to and use of the Site and Content, including all applicable rules regarding online conduct.

Children’s Information.  This Site is not intended for use by anyone under the age of thirteen (13) years old.  No services on the Site are directed towards anyone under the age of thirteen (13) years old.  If you are under the age of thirteen (13) you must immediately stop using this Site.  If you suspect your child has provided Personal Information to us, please contact as at 920-886-2299, provide us the relevant information, and we will make commercially reasonable efforts to promptly delete your child’s Personal Information.  

Anti-virus.  You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Site.

Information You Provide.  When you provide information to us, you agree that you only provide current, accurate information and you only provide information that you have a right to share.  You must be truthful and accurate in your computer identity.  Do not provide us any information that violates law or another person’s intellectual property rights or privacy rights.

Use for its Intended Purpose.  You shall only use the Site and the Content for their intended purposes for which they are made available to you by Kaldas.

Restrictions on Your Use of the Site

    • You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site without Kaldas’ prior written consent.

    • You will not access the Site for the purpose of engaging in competitive activities with Kaldas. You will not use the Site for commercial purposes.

    • You will not use the Site for unlawful purposes.

    • You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the interests or reputation of Kaldas.

    • You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names or other information of the users of the Site or to spam other users of the Site.

    • You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

    • You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.

    • You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.

    • You may not frame, mirror or circumvent the navigational structure of any part of the Site.

    • You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another, or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.

    • Unauthorized anonymous and/or pseudonymous communications are prohibited.

    • You may not engage in any conduct while using the Site that Kaldas considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

Social Media

Our Posts on Social Media.  Links to Kaldas’s social media pages (e.g., Facebook, Twitter, YouTube, and Instagram) are included on the Site (“Social Media Pages”).  Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Kaldas’s views.  If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that person or party or any product, service or company they represent. 

Your Posts on Social Media.  We may or may not review content you and other third parties post on our Social Media Pages.  We may remove anything that we deem offensive, inappropriate or inconsistent with the vision of Kaldas posted on our Social Media Pages.  We may work with third-party service providers of the Social Media Pages to block users who are being offensive, abusive, disruptive or otherwise violating these Terms or applicable laws.  We will treat all information posted to our Social Media pages as non-confidential.

NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KALDAS EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. 

THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND.  KALDAS MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED.  KALDAS DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT.  KALDAS DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

KALDAS MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY OR EXACTNESS OF THE INFORMATION CONTAINED IN THE CONTENT.  THE CONTENT IS NOT INTENDED IN ANY CAPACITY TO BE USED AS OR IN PLACE OF PROFESSIONAL MEDICAL, NUTRITIONAL OR HEALTH-BASED ADVICE, GUIDANCE, DIAGNOSIS, OR TREATMENT.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT. 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KALDAS OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS OR LICENSORS (TOGETHER, “KALDAS PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF A KALDAS PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT. 

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE KALDAS PARTIES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE KALDAS PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH:

    • YOUR MODIFICATIONS,

    • YOUR VIOLATION OF APPLICABLE LAWS,

    • YOUR MISUSE OF THE SITE OR ANY CONTENT,

    • YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS OR POLICIES ON THE SITE; AND

    • YOUR VIOLATION OF KALDAS’ OR A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

WE RESERVE, AND YOU GRANT TO US, THE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.  IF A KALDAS PARTY DEMANDS INDEMNITY UNDER THIS SECTION, SUCH KALDAS PARTY HAS THE RIGHT TO SELECT LEGAL COUNSEL OF ITS OWN CHOOSING TO REPRESENT KALDAS, AND YOU AGREE TO PAY THE REASONABLE COSTS AND ATTORNEYS’ FEES INCURRED BY SUCH LEGAL COUNSEL.

Third-Party Websites and Content

The Site may link to, or be linked to, websites not maintained or controlled by Kaldas.  The Site also contains certain third-party Content.  We provide third-party links and Content for your convenience, not as an endorsement.  Presence of third-party links or Content does not mean there is any association between Kaldas and any third party.  

When leaving the Site, it is the terms and privacy policy of that third party that govern your use of third-party websites (and such third-party’s use or your Personal Information), not these Terms.  You access third-party Content and websites at your sole risk.  Kaldas has no responsibility for any third-party Content.  

Linking to the Site

If you operate another website and are interested in linking to our Site, you agree to be bound by the following rules:  (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL “www.kaldascenter.com” and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of Kaldas; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with Kaldas’ names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than Kaldas is associated with or sponsored by Kaldas; (6) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and (7) Kaldas reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms or through other notice.

Feedback

If you submit comments or feedback to us regarding Kaldas, the Site, or Content, they will be treated in accordance with our Privacy Policy.  You agree that submission of feedback, suggestions, ideas, or other information or materials regarding Kaldas, the Site or the Content that you provide, whether by email or otherwise (“Feedback”) is at your own risk and that Kaldas has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Kaldas a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sub-license the foregoing rights, in connection with the operation and maintenance of the Site.

Governing Law

These Terms are governed by the laws of the State of Wisconsin, U.S.A. without regard to conflict of laws principles.  You agree to venue exclusively in the state or federal courts located in Wisconsin with respect to any dispute arising under these Terms and you expressly agree to the exclusive jurisdiction of those courts.

Termination

If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content.  

Discontinuation.  Kaldas may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.

No Liability for Suspension or Termination.  Kaldas shall not be liable to you or anyone else for any damages arising from or related to Kaldas’ suspension or termination of your access to the Site, Content, or in the event Kaldas modifies, discontinues or restricts the availability of the Site or Content (in whole or in part).

Site Unavailability.  Without limiting the generality of the previous sections, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

Cooperation with Law Enforcement

Kaldas will cooperate with law enforcement if you are suspected of having violated applicable laws, rules or regulations.  YOU WAIVE AND HOLD KALDAS AND ITS REPRESENTATIVES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS.

Use in the United States  

The Site is intended for use in the United States only.  We do not guarantee that use of the Site will be available or permitted in any location other than the United States.  If you choose to access the Site from a location other than the United States, you do so at your own risk 

Assignment

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent.  Your assignment in breach of this section is void. 

Entire Agreement

These Terms, the Privacy Policy, any terms set forth throughout the Site, are the entire agreement between you and Kaldas with respect to your access to and use of the Site.  In the event of conflict between the Privacy Policy, these Terms, and any terms set forth throughout the Site, the terms control in the order listed in this sentence.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Kaldas.  These Terms will inure to the benefit of Kaldas’ successors and assigns.

Waiver

Kaldas’ failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision.  Any waiver will be effective only if in writing and signed by Kaldas.

Severability

If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. 

Electronic Communications

These Terms and any other agreements, notices, or communications between you and Kaldas may be provided to you electronically if permitted by law.  Kaldas may provide notices to you by using any contact information provided by you or by posting such notices to the Site.  Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

Agreement to Arbitrate

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH KALDAS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

BOTH PARTIES AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS OR RELATING TO SITE THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW. 

    • WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (I) YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY AND (II) YOU MAY NOT BRING A CLAIM AGAINST KALDAS IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to Kaldas’ right to appeal.

    • Good Faith Discussions. You and Kaldas must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.

    • Rules. You and Kaldas agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”). The Rules can be found at: https://www.adr.org/Rules. You and Kaldas agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.

    • Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.

    • Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Site, including as to the enforceability and/or formation of this agreement to arbitrate made between you and Kaldas.

    • Location. You agree that arbitration shall take place exclusively in Chicago, Illinois. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.

    • Time Limit. Any claim by you arising in connection with the Site must be commenced by you within one (1) year of the dispute giving rise to the claim.

    • Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third-party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.

    • Changes to this Agreement to Arbitrate. If Kaldas modifies this arbitration provision, you may reject that change by sending Kaldas written notice within thirty (30) days of our posting of the change.

    • The Arbitrator’s Decision. The arbitrator’s decisions and judgement will be final and binding on the parties, but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.

    • Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.

    • Exceptions. Notwithstanding anything to the contrary in this Section, you and Kaldas each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.

Contact Us

Please direct any questions and concerns regarding these Terms to us at the following: 

Kaldas Center for Fertility, Surgery & Pregnancy 

701 S. Nicolet Road

Appleton, WI 54914

920-886-2299