WEBSITE TERMS AND CONDITIONS OF USE

 

Last revised 01 February 2022

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE BROWSING THIS SITE.

 

***THESE TERMS AND CONDITIONS OF USE ARE APPLICABLE TO RESIDENTS OF MEXICO OR TO ANY PERSON WORLDWIDE WISHING TO PURCHASE A SERVICE IN MEXICO, AT INSTITUTO DE INFERTILIDAD Y GENÉTICA MÉXICO, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA MONTERREY, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA MONTERREY, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA GUADALAJARA, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA QUERÉTARO, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA TIJUANA, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA MÉRIDA, S.C. OR INSTITUTO DE FERTILIDAD Y GENÉTICA PUEBLA, S.C.***.

 

These terms and conditions of use and services (hereinafter referred to as the "Terms of Use") govern the use of the online interface and properties (e.g. web pages, landing pages or mobile applications) owned and controlled by INSTITUTO DE FERTILIDAD Y GENÉTICA MÉXICO, S.C., including the link www.ingenes.com (hereinafter the "Site"), as well as the services (hereinafter the "Services") and products (hereinafter the "Products") available to users of the Site and destinations.

 

INSTITUTO DE FERTILIDAD Y GENÉTICA MÉXICO, S.C. (hereinafter referred to as "INGENES", "we", "us", "our" and "our"), provides medical and corporate services alike in different branches of service, and conducts business relationships and collaborations with other corporations in the United Mexican States, such as INSTITUTO DE FERTILIDAD Y GENÉTICA MONTERREY, S.C. , INSTITUTO DE FERTILIDAD Y GENÉTICA GUADALAJARA, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA GUADALAJARA, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA QUERÉTARO, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA MÉRIDA, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA TIJUANA, S.C., and INSTITUTO DE FERTILIDAD Y GENÉTICA PUEBLA, S.C., (singular or plural form, INSTITUTO DE FERTILIDAD Y GENÉTICA PUEBLA, S.C.). (singular or plural, as the case may be, together with the medical branch of INSTITUTO DE INFERTILIDAD Y GENÉTICA MÉXICO, S.C., referred to as the "Clinicas" or "Clinic"), for the purpose of providing online medical services through consultations and a secure communication system between intervening physicians (individually referred to as "Provider" and in plural as the "Providers") and patients. (See the applicable section of terms applicable to the Medical Service Providers).

 

In the sense that INGENES has a branch of medical services and another of corporate services, with diversified roles, in order to establish the context of the use of the terms, if in the Terms of Use reference is made to Clinic or Clinics, for these purposes, INSTITUTO DE INFERTILIDAD Y GENÉTICA MÉXICO, S.C. is also considered as a Provider; otherwise, if in the Terms of Use reference is made to INSTITUTO DE INFERTILIDAD Y GENÉTICA MÉXICO, S.C., only INGENES, S.C. is considered as a Provider, as it also contracts or employs Providers; otherwise, if in the Terms of Use reference is made to INSTITUTO DE INFERTILIDAD Y GENÉTICA MÉXICO, S.C., only as INGENES, the context applies to the related corporate and commercial services as developer and administrator of the Site, the Products and the Services.

 

The professional medical service provided by the Clinics and those services that are not related to clinical or medical aspects related to the Site (which are provided by INGENES) are collectively referred to in these Terms of Use as the "Services". In accordance with this agreement, the terms "you", "your", "you", "yours", "yours" or "your" refer to any person, legal representative, guardian, conservator or custodian who accesses, registers for or uses any product or service offered on our websites.

 

Your acceptance of and compliance with these Terms of Use is a condition of your use of the Site and the Services and Products offered. By clicking on "Accept" or similar sign, it shall be understood by you as an express or tacit but unequivocal sign that you understand and agree with the Terms of Use and Privacy Policy, all of which may be consulted at the following link: ______________________. If you do not agree to be bound by these terms and conditions of use of the Website, content or Services, please leave the site promptly.

 

Commitment to Mediation

These Terms of Use provide that any dispute or conflict between you and INGENES or the Clinics relating to these Terms of Use or your use of the Website shall be resolved by SUBMISSION TO MEDIATION. BY VIRTUE OF THE FOREGOING, YOU AGREE TO WAIVE YOUR RIGHT TO GO TO LITITIGATION (INCLUDING BY ACTION IN A CLASS OR CLASS ACTION) to enforce your claim or defend your rights arising under these Terms of Use. Your rights will be declared and constituted by a CERTIFIED NEUTRAL MEDIATOR BEFORE THE SUPERIOR COURT OF JUSTICE OF MEXICO CITY AND NOT A STATE JUDGE OR COURT, and your claims and demands may not be the subject of a class or collective action. Please review the Dispute Resolution Section and the Commitment to Mediation for details regarding the submission to mediation of disputes with INGENES or the Clinics relating to these Terms of Use.

 

Services Provided - The nature of which constitutes a medical service or consultation by INGENES or the Clinics.

We provide an online communication and education platform for Providers and their patients to network through the Site using health and wellness information, synchronous and asynchronous telecommunications and other medical information exchange mechanisms and technologies.

 

However, INGENES does not provide medical consultancy or service, as it collaborates with the Clinics, which are independent companies with networks of physicians in Mexico that provide medical services and consultancy. The Clinics' Providers provide clinical services and may communicate with their patients through the Clinics' own platform. Providers are either independent service providers or employees of such medical corporations. Providers are not contracted or employed by INGENES. Providers, and not INGENES, are responsible for the quality and appropriateness of the medical care provided to you.

 

The Providers are independent of the corporate branch of INGENES and only use the Site as a strategy to provide information of interest to you and/or to communicate with you. Any information or recommendations received from any Provider pertains to their own professional medical practice and not to INGENES. The interactions made between you and the Providers through the Site are not intended to override or replace the doctor-patient relationship you have with your regular doctors or first contact doctors. For this reason, neither INGENES, nor any of its affiliates or subsidiaries, directors, employees, shareholders, business partners or any third party that may promote the Site or any Service, or a link or link to the Service, shall be liable for any professional opinion or recommendation issued by any Provider in connection with the use of the Site or any Service, nor for any information obtained directly or indirectly from the Site. INGENES does not make any recommendation or endorse any specific Provider, tests, laboratories, doctors, medicines, products or procedures. You understand that any reliance placed on any Provider or acquiescence in the information provided by any such Provider through the Site or Service is considered to be accepted at your own risk and you understand the consequences of such actions and assume full responsibility for all risks associated with such actions.

 

INGENES makes no assumptions, representations, warranties or guarantees about the ability or skill of any of the Providers providing services through the Site or the Services. Providers will be provided to you based on the information you provide to the Site. You are solely responsible for choosing any particular Provider.

 

The content of the Site and the Services, including, but not limited to, text, copies, audio, video, information, photographs, illustrations, graphics and other visuals, is for information purposes only and does not under any circumstances constitute medical consultation or opinion, diagnosis or treatment by INGENES. You should always seek professional advice from qualified health care professionals regarding questions or concerns related to your medical needs or conditions. All information provided by INGENES, or related communications used by INGENES, are for general informational purposes only, and are not intended to establish a physician-patient relationship as defined by applicable state and federal law. In the understanding that INGENES may facilitate your selection and communication with Providers, it does not provide any medical services, as the physician-patient relationship is between you and the Provider of the selected Clinic.

 

This Website may contain material and information relating to health or medicine that may be considered sexually explicit or even offensive. Therefore, INGENES makes no representations, warranties, assumptions, representations or guarantees, express or implied, as to the accuracy, completeness, usefulness, currency, truthfulness or sufficiency of any resource, information, apparatus, product or process available on this Site. Any transmission of information from this site is not intended to create and does not currently create a doctor-patient relationship between you and INGENES or any Provider or physician of any Clinic.

 

Do not use emergency service

IF YOU ARE FACING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" OR YOUR LOCAL EMERGENCY LINE IMMEDIATELY.

This INGENES Site or any of the Services are not designed or intended to address emergencies or urgent situations. You should not disregard or delay seeking medical advice about any information contained or not contained on the Site. If you believe you are in a medical emergency, immediately call 9-1-1 or any other emergency service number available to you. You should seek emergency assistance or perform appropriate care when recommended by your Provider or as otherwise necessary. You should always continue to consult with your primary care physician and other health care professionals as recommended. Always seek the opinion of a physician or other qualified health care professional regarding questions concerning a medical condition before stopping, starting or modifying any treatment or medication.

 

Risks of using Remote Medical Consultations

In using the Remote Consultation Services offered, you understand the potential risks associated with remote health services. These include, but are not limited to, the following: the information transmitted may not be sufficient (e.g., low resolution images) to allow appropriate health or medical decisions to be made by the Provider; delays in treatment evaluation may occur due to system failures; lack of access to your medical records may result in unintended drug interactions, allergic reactions or other errors of judgment; although the electronic systems used are secure and incorporate software and network security protocols to safeguard the privacy and security of your medical information, these protocols may err and cause your information to be compromised, and INGENES or the Clinics shall not be held liable for any liability arising from this.

 

Typographical Errors and Incorrect Prices. In the event that any Product or Service is listed at an incorrect price due to a typographical error, or an incorrect price derived from information received by a third party or business associate, we retain the right to refuse or cancel any order or purchase made at the incorrect price. We have the right to cancel or refuse the purchase whether or not such order has been confirmed and your credit or debit card has already been charged with such amount. If your credit or debit card has already been charged for such order and your order is cancelled, we will promptly reinstate the credit to your card used up to the amount of the charge.

 

Eligibility and Restrictions on Use

By accessing this Site or other linked pages and the Services, you represent, warrant and represent that you are at least 18 years of age and have full legal capacity to enjoy and exercise your rights to engage in the use of this Site and the obligations set forth in the Terms of Use.

 

You agree to accurately and truthfully complete the information required to create your INGENES Account (hereinafter the "Account"), including, but not limited to, your name, email address, telephone number, personal email address and password, which will henceforth be your INGENES ID and access credentials. The INGENES ID and/or credentials for use are inherent to your person and you are solely responsible for maintaining the confidentiality of your INGENES ID and/or credentials for use, as well as for all activities that may be carried out using this INGENES ID and/or credentials. Your access may be revoked by INGENES at any time with or without just cause.

 

You are prohibited from violating or attempting to violate the security of the Site, including, but not limited to, (a) accessing information not intended for your knowledge or accessing a server or account that you do not have authorization or access to; or (b) attempt to probe, scan or test the vulnerability of any system or network, or otherwise breach security or authentication measures without proper authorization; or (c) access or use the Site or its components without authorization, in violation of the Terms of Use or in violation of any provision of law.

 

You may not use scrappers, crawlers or spiders, robot bots or any mechanism to access or copy information on the Site, link deep into any functionality, feature or content of the Site, bypass our bot exclusion mechanisms or other measures employed to safeguard and prevent unauthorised access to the Site. Violation of the system or network may trigger civil or criminal liability. INGENES will investigate any occurrence involving such violations and may involve and have the cooperation of law enforcement and prosecuting authorities. You agree not to use any mechanism, software or pattern that interferes or is intended to interfere with the operation of the Site or any activity conducted within the Site.

 

Communications Electronics

When you use the Site or Services, or send emails, messages and other communications to us from your desktop computer or mobile device, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents may be signed electronically, in accordance with Sections 80, 89, 90, 90, 96, 97 and other applicable provisions of the Commercial Code, and (b) all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. INGENES and the Clinics may contact you by telephone, SMS, postal mail, email or any other channel/mechanism to verify your information needs and requirements. INGENES and the Clinics may request additional information from you and you agree to provide such additional information to ensure that you have not fraudulently created your Account. If you do not provide this information as requested within 14 days of the request, we reserve the right to suspend, discontinue or deny your access to and use of the Site and Services until you provide us with the requested information.

 

Consent to receive calls, text messages, social media notifications and emails.

Except as otherwise provided in the Privacy Policy, pursuant to the Protected Health Information, Privacy and Consumer Information Processing Rules, by providing your mobile phone number and email address, you consent to INGENES and the Clinics communicating with you at the mobile phone number or email address you have provided, including by calling, texting, social media and emailing you. to receive information related to the Products or Services (e.g. progress and progression tracking, medication refill reminders, review reminders, etc.) and marketing communications related to the Site and Services. Message and data rates may apply. For more information or to stop receiving this communication, please contact us at [email protected] Please note that if you stop receiving text messages or emails from us, you may not receive important and helpful information and reminders about your progress and treatment.

 

Site Ownership and Related Materials; Additional Restrictions

All pages within this Site and any material available for downloading are the property of INGENES, or its licensors or suppliers, as applicable. The Site is protected by international copyright and trademark laws, in particular under the Federal Law for the Protection of Industrial Property and the Federal Copyright Law.

All rights not expressly granted to you in these Terms of Use are reserved and retained by INGENES or its licensors, suppliers, publishers, rights holders or other content providers. Neither the Site and Services, nor any portion of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or personal purpose without the express written consent of INGENES. You may not frame or utilize framing techniques to enclose any INGENES trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use metatags or any other "hidden text" utilizing INGENES' name or trademarks without the express written consent of INGENES. You may not misuse the Site or the Services. You may use the Site and the Services only in accordance with the Law. The content of the Site, including but not limited to files, documents, text, photographs, images, audio and video, and any material accessed or made available for use or downloading through this Site, may not be copied, distributed, modified or reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by INGENES. You may not frame or utilize framing techniques to enclose or create deep links to any INGENES name, trademark, service mark, logo, content or other proprietary information (including images, text, page layout or form) without our express written consent.

 

Images of people or places displayed on the Site are either the property of, or used with permission by, INGENES. Use of these images by you or anyone else authorized by you is prohibited unless specifically permitted by these Terms and Conditions of Use or specific permission is provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, as applicable.

 

Users under 18 years of age are not allowed.

The Site and Services are intended only for users 18 years of age or older. If you are under 18, please do not attempt to register with us on this Site or provide us with personal information about yourself. If we learn that we have collected personal information from anyone under the age of 18, we will delete that information immediately. If you believe that we may have collected personal information from anyone under the age of 18, please email us at [email protected]

 

Accuracy of Information Provided; Functionality

Although INGENES attempts to ensure the completeness and accuracy of the information contained in the Site and product or service descriptions, INGENES makes no representations or warranties of any kind as to the completeness or accuracy of the Site, Product or service descriptions and other content on the Site. It is possible that the Site may include typographical errors, inaccuracies or other errors, and that unauthorised additions, deletions and alterations may be made to the Site by third parties or business partners. Should any inaccuracies arise, please inform INGENES so that they can be corrected. If a Product described on our Site is not as described upon receipt, or the packaging on the Site does not match the product you received, your sole remedy is to return it to us unused and undamaged. The information contained on the Site may be changed or updated without notice. In addition, INGENES shall have no liability whatsoever for information or content posted on the Site by a third party not affiliated with INGENES.

 

INGENES and the Clinics reserve full and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend or discontinue any functionality or feature of, among other things, the Site or Services. We are not responsible for transmission errors, corruption or compromise of information transmitted by a local or incumbent telecommunications operator. We are not responsible for maintaining information arising from the use of the Site or in respect of the Services. We reserve the right to retain, delete or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.

 

Links to other sites

INGENES makes no warranties whatsoever about any other website that you may access through this Site. When you access a non-ENGINEES site, please understand that it is independent from ENGINEERS and that ENGINEERS has no control over the content on that web site. In addition, a link to a non-ENGINEES web site does not mean that ENGINEERS endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you, and you are solely responsible for taking precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, malware, ransomware, spyware, Trojan horses and other items of a destructive or destructive nature. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

 

User Information

In the event that you submit, upload, post or transmit any protected health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site ("User Information"), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, defamatory, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful or may encourage criminal or unethical behavior, inaccurate, defamatory, abusive, libelous, defamatory, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful or that may encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secret or intellectual property rights of any person or entity, or (3) contains or transmits a virus or other harmful component. You agree not to contact other users of the site through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to INGENES and the Clinics that you have the legal right and authorization to provide all User Information to INGENES and the Clinics for use as set forth herein and as required by INGENES and/or any Clinic Provider.

 

You agree not to (i) access the Site or use the Services in an unlawful manner or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, material, content or information (including, without limitation, advice and recommendations) (collectively, the "Information") that is (1) libelous, defamatory, obscene, fraudulent, false or contrary to the property or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware or other computer program or code designed or intended to damage or harm any person, worm, Trojan horse, time bomb, malware or other computer program or code designed or intended to damage, destroy, intercept, download, interfere with, manipulate or otherwise disrupt or expropriate the Site or Services, personal information, software, equipment, servers or Information or facilitate or promote hacking, piracy or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper with, hack, hack, forge, copy, modify or otherwise corrupt the administration, security or proper functioning of the Site or Services; (v) use robots or scripts with the Site; (vi) attempt to engineer, reverse compile, decompile, disassemble, translate or alter, defraud or create false results from any executable code, information from or received by this Site; (vii) run any anti-virus or anti-spyware software configured to override Internet browser cookie settings; (viii) improperly identify the sender of any message transmitted to INGENES. You may not alter the attribution or origin of e-mail, messages or postings; (ix) harvest or collect protected health information (PHI) about any other person using the Site or Services; (x) infringe or facilitate the infringement of any copyright, patent, trademark, trade secret or other proprietary, publicity or privacy rights of any party, including the rights of third parties or business associates.

 

You agree to defend, indemnify and hold harmless INGENES, the Clinics and the Providers against all third party claims, damages and expenses (including reasonable attorneys' fees) against or incurred by us arising out of any User Information you upload or transmit through the Site.

 

Intellectual Property Infringement Claims

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures set forth in the Federal Copyright Protection Act.)

 

Notices of alleged copyright infringement for content available on the Site

If you are a copyright owner, or are acting on behalf of someone who is a copyright owner or to act under an exclusive copyright right, please give notice of the alleged infringement in question on the Site and send us a notice (the "Notice"), in accordance with the following:

 

  1. Identify the protected works that you claim have been infringed.
  2. Identify the material or link that you claim is infringing (or the subject matter of the infringement) that links to what is disabled, at a minimum, by providing the URL of the link displayed on the Site where such material can be found.
  3. Provide email address, telephone number, as well as postal address.
  4. Include the following statements in the body of the Notice:
  5. "I hereby declare that I have a good faith suspicion that the alleged use of protected material is not authorised for use by the owner of the copyright in that content, his agent or by operation of law (e.g. freedom of expression).
  6. "I hereby declare that the information contained in this Notice is accurate and, under oath to tell the truth and to commit the crime of perjury, that I am the owner or the representative to act for and on behalf of the owner, of the copyright or exclusive right under those rights that are alleged to have been infringed."
  7. Provide your full legal name and your digital electronic signature.
  8. Send this Notice, with all the above elements, to the following e-mail address: [email protected]

 

Intellectual Property

With the exception of your electronic medical record, INGENES and the Clinics, as applicable, retain all right, title and interest in and to the Site, the Services and any information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for information on the Site licensed to INGENES or the Clinics (in which case, the licensor retains all right, title and interest therein). The information available through the Site and the Services are the property of INGENES or the Clinics, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disclose, rent, lease, loan, sell, publish, transmit, display or circulate such information to anyone. The use, reproduction, copying or redistribution of INGENES' or the Clinics' trademarks, service marks and logos is strictly prohibited without the prior written permission of INGENES or the Clinics, as applicable. The immediately preceding also applies to trademarks, service marks and logos of third parties or business partners published on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written consent of INGENES, the Clinics, business partners or third party owners of such trademarks, service marks and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

 

INGENES may remove any information provided by you that it considers, in its sole discretion, to be fraudulent, abusive, defamatory, obscene or in violation of the copyright, trademark or other intellectual property or proprietary right of any other person or entity, or in the event that an authority compels INGENES to do so.

 

Exclusion of Liability

INGENES AND THE CLINICS MAKE NO WARRANTY THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED OR ANY SERVICES RELATED TO THE SITE, IS PROVIDED "AS IS", WITH ALL FAULTS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT OF TITLE/NON-INFRINGEMENT. INGENES AND THE CLINICS DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

 

WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF INGENES OR THE CLINICS AND THEIR AFFILIATES, LICENSORS, BUSINESS PARTNERS AND SUPPLIERS. ACCORDINGLY, INGENES AND THE CLINICS, THEIR AFFILIATES, LICENSORS, BUSINESS PARTNERS AND SUPPLIERS ASSUME NO RESPONSIBILITY FOR THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE. INGENES AND THE CLINICS, ITS AFFILIATES, LICENSORS, SUPPLIERS, BUSINESS PARTNERS AND CONTENT PROVIDERS ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

 

NEITHER INGENES NOR THE CLINICS HAVE REVIEWED ALL OF THE SITES THAT MAY BE LINKED TO THE SITE AND ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THE SITE. YOUR ACCESS TO ANY OFF-SITE PAGES OR OTHER SITES IS AT YOUR OWN RISK.

 

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES AND LINKED WEBSITES. INGENES and THE CLINICS DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJANS OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR DATA SECURITY AND BACKUP NEEDS.

 

WARRANTIES RELATED TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY INGENES OR THE CLINICS ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY INGENES, THE CLINICS, THEIR BUSINESS PARTNERS OR THIRD PARTIES IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

 

Limitation of liability for use of the Site

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

 

INGENES SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE CLINICS, THEIR BUSINESS ASSOCIATES OR SUPPLIERS. INGENES, ITS BUSINESS ASSOCIATES AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM INJURY, LOSS OF DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH, THE SITE, THE SERVICES RELATED TO THE SITE, THE CONTENT OR INFORMATION CONTAINED ON THE SITE AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SITE-RELATED SERVICES AND/OR LINKED WEBSITES IS TO DISCONTINUE USING THE SITE AND/OR SUCH SERVICES. TO THE EXTENT THAT ANY ASPECT OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT APPLICABLE, INGENES' MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS MXN $10,000.00 (TEN THOUSAND MEXICAN PESOS). YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS LIMITING THE EFFECTIVENESS OF ANY SUCH INDEMNIFICATION OR RELEASE.

 

No third party rights

Unless otherwise expressly stated in the Terms of Use, nothing contained herein is intended to confer any right or remedy upon any person other than you, INGENES, the Clinics, the business partners and their affiliates. Nothing in these Terms of Use is intended to diminish or render ineffective the obligation or liability of any third party to you, INGENES, the Clinics, business associates and their affiliates, nor shall any provision grant any third party any right of subrogation or action against you, INGENES, the Clinics, and their affiliates.

 

Transfer of rights

You may not assign, transfer or delegate the Terms of Use or any part thereof without the prior written consent of INGENES. INGENES may freely transfer, assign or delegate all or any part of the Terms of Use, and any rights or obligations hereunder. The Terms of Use shall be binding upon and inure to the benefit of the heirs, successors and permitted assigns of the parties.

 

Supplementary terms applicable to Suppliers

These supplemental terms apply to Providers, in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall control.

 

To be a health care provider using the Site ("Provider" or "you"), you must be a licensed or certified physician contracted or employed by one of the Clinics, and you must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a Provider or otherwise not otherwise provided for. Your relationship with INGENES users (including patients of the Clinics) is directly between you and the patient. The patient will never have a doctor-patient relationship with INGENES. INGENES does not practice medicine and does not provide medical services, unless performed by its entire medical division. As set forth in more detail below, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all bills and collections from patients and other consumers, and INGENES shall have no liability to Provider with respect to amounts owed by any patient or other consumer to Provider.

 

INGENES does not provide any medical advice, legal advice or warranties with respect to any legal or medical issues associated with the Supplier, goods or services offered by the Supplier, including, without limitation, compliance obligations or steps necessary to comply with any state or federal laws, laws and regulations. Supplier should seek legal advice with respect to any legal and compliance issues, and should not rely on any material or content associated with the Services in determining Supplier's compliance obligations under the Act. Provider and INGENES agree that INGENES is not providing, to Client or any other person, medical advice or legal advice.

 

Provider shall use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services may facilitate and enhance the quality of service that the Provider can provide to patients, various factors, including the relationship between the provider and the patient, may affect the patient's outcome, and because of the intricate and interdependent technologies involved, coupled with complex decision making, it is often difficult or impossible to determine precisely what factors and how much of an outcome they affected. Provider shall be solely responsible for its use of the Site and Services and for the provision of medical services to Provider's patients. In this regard, the Provider releases INGENES and waives any potential claims against INGENES as a result of the Provider's use of the Site and the Services and the provision of services to the Provider's patients.

 

As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold harmless INGENES from any claim by or on behalf of any patient of Provider, or on behalf of any other third party, business associate or person claiming damages by virtue of a familial or financial relationship with such patient, that is brought against INGENES, regardless of cause, if such claim arises for any reason whatsoever, out of Provider's use or operation of the Site and Services. To the extent applicable, Supplier shall obtain INGENES' prior written consent to any settlement or judgment in which Supplier agrees to any breach or condemnation of INGENES or defect in the Site or Services. INGENES shall promptly notify Supplier in writing of any claim subject to this indemnity, promptly provide Supplier with information reasonably required for the defense thereof, and give Supplier sole control over its defense and resolution.

 

If you submit, upload, transmit or post any consents, notices, advice, recommendations, comments, comments, files, videos, images or other materials to us or our Site ("Provider Content") or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, defamatory, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that may constitute criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secret, or intellectual property rights of any person or entity, or (3) contains or transmits a virus or other harmful component. The provider is solely responsible for obtaining all necessary agreements and consents and providing all necessary notices to patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to INGENES that you have the legal right and authorization to upload all Provider Content to the Site. INGENES shall have a royalty-free, irrevocable and transferable right and license to use the Supplier Content, however, INGENES desires to, among other things, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Supplier Content and/or incorporate such Supplier Content in any form, media or technology throughout the world. INGENES does not and shall have no obligation (1) to keep any Supplier Content confidential; (2) to pay you any compensation for any Supplier Content; or (3) to respond to any Supplier Content.

 

INGENES does not regularly review Provider Content, but reserves the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant INGENES the right to use the name that you submit in connection with any Supplier Content. You agree not to use a false e-mail address, impersonate any other person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post on the Site or provide to patients or other consumers. INGENES and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

 

Conflict Resolution; Commitment to Mediation

Every effort will be made to work in good faith to resolve any problems you have with the Site, including Products and Services ordered or purchased through the Site, in the event you report such problem to our patient care department. However, we are aware that there may be exceptional cases where we may not be able to resolve a problem to the satisfaction of a customer or patient.

 

You and INGENES agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, shall be determined by binding mediation rather than in competent courts with jurisdiction. Mediation is more informal than filing a lawsuit in court. Mediation uses a neutral mediator rather than a judge or jury, and is subject to very limited review by the courts. Arbitration allows for a self-compositive measure to reach a settlement agreement and resolve a present or future dispute through the use of Alternative Dispute Resolution Mechanisms. You agree that, by agreeing to these Terms of Use, The Alternative Justice Act of the Superior Court of Justice of Mexico City governs the interpretation and enforcement of this provision, and that both you and INGENES waive the right to a jury trial or to participate in a class action lawsuit. This mediation provision shall survive the termination of these Terms of Use and any other contractual relationship between you and INGENES.

 

If you wish to file a claim against INGENES and thereafter elect to seek mediation, you must first send INGENES, by certified mail, written notice of your claim (the "Notice"). The Notice to INGENES shall be addressed to: CARRETERA MÉXICO-TOLUCA 5420, INT. 602, EL YAQUI, CUAJIMALPA, MEXICO CITY, C.P. 05320 and to the e-mail address: [email protected] If INGENES wishes to file a claim against you and therefore elects to seek mediation, it will send you, by certified mail, a written Notice to the most recent address we have on record or in our records for you. Any Notice, whether sent by you or by INGENES, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Claim"). If INGENES and you do not reach an agreement to resolve the claim within 30 days after receipt of the Notice, you or INGENES may initiate a mediation proceeding.

 

If mediation is unsuccessful, the following shall apply:

 

If the claim is about a service performed in the United Mexican States ("Mexico"), the conciliation to be used is the one provided by the "Comisión Nacional de Arbitraje Médico" ("CONAMED") and you should contact them at:

 

  1. Marina Nacional #60, 4to. Pisón, Alc. Miguel Hidalgo, Col. Tacuba, Mexico City. México C.P. 11410

Telephone number:

+ 52 55 54207000 o +52 800 711 0658

E-mail:

[email protected]

 

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR COMMON REPRESENTATIVE PROCEEDING.

If the provision of this Mediation or Settlement Agreement is determined to be unenforceable, then (a) the entirety of this provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claim shall be in the state or federal courts located in California for claims for service made in the United States of America and in the courts located in Mexico City for claims for service made in Mexico.

 

Force Majeure

We shall not be deemed to be in breach of these terms and shall not be liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including, without limitation, acts of God, terrorism, war, invasion, failure of any public network, power failure, earthquake or flood, civil disorder, strikes, fire or other disasters.

 

Indemnification

You agree to defend, indemnify, hold harmless, indemnify and hold harmless INGENES, the Clinics and any affiliates from and against any and all rights, claims, demands, losses, liabilities, damages, claims, demands, actions and judgments (regardless of whether in law or equity), amounts, costs and attorneys' fees of any kind arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products or Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to INGENES, the Clinics, or any Provider or customer service agent; and/or (iv) any negligent act or omission by you in your use or misuse of the Site, the Products or Services or any information on the Site, including, without limitation, infringement of intellectual property rights, privacy rights, rights, or negligent or wrongful conduct.

 

Revisions; General

INGENES reserves the right, at its sole discretion, to terminate your access to all or part of this Site, with or without cause, or even without notice. INGENES reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes shall be deemed acceptance of such changes. You agree to review the Terms of Use each time you access this Web site so that you may be notified of any changes to these Terms. In the event that any of the Terms of Use are declared unenforceable by a court or other tribunal of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary for these Terms of Use to remain in full force and effect. These Terms of Use constitute the entire agreement between INGENES and you relating to the subject matter hereof. At its sole discretion, INGENES may revise these Terms of Use from time to time by updating this posting. Therefore, you should periodically visit this page to review the current Terms of Use so that you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

 

Intellectual property notice

All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of third parties or business partners. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.

 

Contact Information

 

INFERTILITY AND GENETICS INSTITUTE MEXICO, S.C.

ADDRESS: CARRETERA MÉXICO-TOLUCA 5420, INT. 602, EL YAQUI, CUAJIMALPA, MEXICO CITY, C.P. 05320

PHONE: ___________________

EMAIL: ______________________

 

FERTILITY AND GENETICS INSTITUTE MONTERREY, S.C.

ADDRESS: AV. REVOLUCIÓN NO. 2703 PISO 8, COL. LADRILLERA, C.P. 64830, MONTERREY, NUEVO LEÓN, MEXICO.

PHONE: ________________

EMAIL: ________________

 

FERTILITY AND GENETICS INSTITUTE GUADALAJARA, S.C.

ADDRESS: MAR DEL SUR NO. 2014, INT. 102 Y 103, COL. COUNTRY CLUB, C.P. 44610, GUADALAJARA, JALISCO, MÉXICO

PHONE: ________________

EMAIL: ________________

 

FERTILITY AND GENETICS INSTITUTE QUERETARO, S.C.

ADDRESS: AVENIDA PASEO MONTE MIRANDA NO. 5, PISO 9, FRACCIONAMIENTO PIAMONTE, C.P. 76240. 5, PISO 9, FRACCIONAMIENTO PIAMONTE, C.P. 76240, EL MARQUÉS, QUERÉTARO, MEXICO.

PHONE: ________________

EMAIL: ________________

 

FERTILITY AND GENETICS INSTITUTE MÉRIDA, S.C.

ADDRESS: CALLE 20 NO. 235 PISO 8, FRACC. ALTABRISA, C.P. 97130, MÉRIDA, YUCATÁN, MEXICO.

PHONE: ________________

EMAIL: ________________

 

INSTITUTE OF FERTILITY AND GENETICS TIJUANA, S.C.

ADDRESS: DIEGO RIVERA, NO. 2311, PISO 10, COL. RÍO TIJUANA, C.P. 22010, TIJUANA, BAJA CALIFORNIA, MEXICO.

PHONE: ________________

EMAIL: ________________

 

INSTITUTE OF FERTILITY AND GENETICS PUEBLA, S.C.

ADDRESS: VÍA ATLIXCAYOTL (LATERAL SUR) NO. 6514, OF. 6514, OF. 300 PISO 3, COL. SAN BERNARDINO TLAXCALANCINGO, C.P. 72820, SAN ANDRÉS CHOLULA, PUEBLA, MEXICO.

PHONE: ________________

EMAIL: ________________

 

 

 

 

 

WEBSITE TERMS AND CONDITIONS OF USE

 

Last revised 01 February 2022

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE BROWSING THIS SITE.

 

***THESE TERMS AND CONDITIONS OF USE APPLY TO RESIDENTS WITHIN THE UNITED STATES OF AMERICA OR TO ANYONE IN THE WORLD WISHING TO PURCHASE A SERVICE IN THE UNITED STATES FROM INGENES SAN DIEGO INC. OR INGENES MCALLEN, P.C.***.

 

These terms and conditions of use and services (hereinafter referred to as the "Terms of Use") govern the use of the online interface and properties (e.g. web pages, landing pages or mobile applications) owned and controlled by INSTITUTO DE FERTILIDAD Y GENÉTICA MÉXICO, S.C., including the link www.ingenes.com (hereinafter the "Site"), as well as the services (hereinafter the "Services") and products (hereinafter the "Products") available to users of the Site and destinations.

 

INSTITUTE OF FERTILITY AND GENETICS MEXICO, S.C. (hereinafter referred to as "INGENES", "we", "us", "our" and "us") conducts business and collaborates with other corporations in the United States of America, such as INGENES MCALLEN, P.C. and INGENES SAN DIEGO, INC. (singular or plural, as the case may be, referred to as the "PCs" or "PCs"), for the purpose of providing online medical services through consultations and a secure communication system between intervening physicians (individually referred to as the "Provider" and plural as the "Providers") and patients. (See the applicable section on terms applicable to the Providers of medical service).

 

The professional medical service provided by the PCs and those services that are not related to clinical or medical aspects related to the Site (which are provided by INGENES) are collectively referred to in these Terms of Use as the "Services". In accordance with this contract, the terms "you", "your", "you", "yours", "yours" or "your" refer to any person, legal representative, guardian, curator or custodian who accesses, registers for or uses any product or service offered on our websites.

 

Your acceptance of and compliance with these Terms of Use is a condition of your use of the Site and the Services and Products offered. By clicking on "Accept" or similar sign, you signify your express or implied but unequivocal understanding of and agreement to the Terms of Use, Privacy Policy and Notice of Privacy Practices, all of which can be viewed at the following link: ______________________. If you do not agree to be bound by these terms and conditions of use of the Website, content or Services, please exit promptly.

 

Commitment in Referees

These Terms of Use provide that any dispute or conflict between you and INGENES or the PCs relating to these Terms of Use or your use of the Website shall be resolved by SUBMISSION TO ARBITRATION. BY THE FOREGOING, YOU AGREE TO WAIVE YOUR RIGHT TO GO TO LITITIGATION (INCLUDING BY ACTION IN A CLASS OR CLASS ACTION) to enforce your claim or defend your rights under these Terms of Use. Your rights will be declared and adjudicated by a NEUTRAL ARBITRATOR AND NOT A STATE JUDGE OR JURY, and your claims and demands may not be the subject of a class or collective action. Please review the Dispute Resolution Section and the Arbitrator Undertaking for details regarding the submission to arbitration of disputes with INGENES or the PCs relating to these Terms of Use.

 

Privacy Policy

You agree that any information provided by you, whether confidential or not, in connection with the Services and the Site, shall be subject to the scrutiny and regulation of the INGENES Notice of Privacy Practices and the PCs, as well as the Privacy Policy, which together form an integral and complete part of these Terms of Use and complement each other as a single regulatory system.

 

Services provided - The nature of the services provided does not constitute a medical service or consultation by INGENES or the PCs.

We provide an online communication and education platform for Providers and their patients to network through the Site using health and wellness information, synchronous and asynchronous telecommunications and other medical information exchange mechanisms and technologies.

 

However, INGENES does not provide medical consultancy or service, as it collaborates together with the PCs, which are independent medical corporations with networks of physicians in the United States of America providing medical services and consultancy. The PCs' Providers provide clinical services and may communicate with their patients via the PCs' own platform. Providers are either independent service providers or employees of such medical corporations. Providers are not contracted or employed by INGENES. Providers, and not INGENES, are responsible for the quality and appropriateness of the medical care provided to you.

 

Providers are independent of INGENES and only use the Site as a means of providing information of interest to you and/or communicating with you. Any information or recommendations received from any Provider pertains to their own professional medical practice and not to INGENES. The interactions made between you and the Providers through the Site are not intended to override or replace the doctor-patient relationship you have with your regular doctors or first contact doctors. For this reason, neither INGENES, nor any of its affiliates or subsidiaries, directors, employees, shareholders, business partners or any third party that may promote the Site or any Service, or a link or link to the Service, shall be liable for any professional opinion or recommendation issued by any Provider in connection with the use of the Site or any Service, nor for any information obtained directly or indirectly from the Site. INGENES does not make any recommendation or endorse any specific Provider, tests, laboratories, doctors, medicines, products or procedures. You understand that any reliance placed on any Provider or acquiescence in the information provided by any such Provider through the Site or Service is considered to be accepted at your own risk and you understand the consequences of such actions and assume full responsibility for all risks associated with such actions.

 

INGENES makes no assumptions, representations, warranties or guarantees about the ability or skill of any of the Providers providing services through the Site or the Services. Providers will be provided to you based on the information you provide to the Site. You are solely responsible for choosing any particular Provider.

 

The content of the Site and the Services, including but not limited to text, copies, audio, video, information, photographs, illustrations, graphics and other visuals, is for information purposes only and does not constitute under any circumstances consultation or medical opinion, diagnosis or treatment by INGENES. You should always seek professional advice from qualified health care professionals regarding questions or concerns related to your medical needs or conditions. All information provided by INGENES, or related communications used by INGENES, are for general informational purposes only, and are not intended to establish a physician-patient relationship as defined by applicable state and federal laws. In the understanding that INGENES may facilitate your selection and communication with Providers, it does not provide any medical services, as the physician-patient relationship is between you and the selected PC Provider.

 

This Website may contain material and information related to health or medicine that may be considered sexually explicit or even offensive. Therefore, INGENES makes no representations, warranties, assumptions, representations or guarantees, express or implied, as to the accuracy, completeness, usefulness, currency, truthfulness or sufficiency of any resource, information, apparatus, product or process available on this Site. Any transmission of information from this site is not intended to create and does not currently create a doctor-patient relationship between you and INGENES or any PC Provider or physician.

 

Do not use emergency service

IF YOU ARE FACING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.

This INGENES Site or any of the Services are not designed or intended to address emergencies or urgent situations. You should not disregard or delay seeking medical advice about any information contained or not contained on the Site. If you believe you are in a medical emergency, immediately call 9-1-1 or any other emergency service number available to you. You should seek emergency assistance or perform appropriate care when recommended by your Provider or as otherwise necessary. You should always continue to consult with your primary care physician and other health care professionals as recommended. Always seek the opinion of a physician or other qualified health care professional regarding questions concerning a medical condition before stopping, starting or modifying any treatment or medication.

 

Risks of using Remote Medical Consultations

In using the Remote Consultation Services offered, you understand the potential risks associated with remote health services. These include, but are not limited to, the following: the information transmitted may not be sufficient (e.g., low resolution images) to allow appropriate health or medical decisions to be made by the Provider; delays in treatment evaluation may occur due to system failures; lack of access to your medical records may result in unintended drug interactions, allergic reactions or other errors of judgment; although the electronic systems used are secure and incorporate software and network security protocols to safeguard the privacy and security of your medical information, these protocols may fail and cause your information to be compromised, and INGENES or the PCs shall not be held liable for any liability arising from this.

 

Typographical Errors and Incorrect Prices. In the event that any Product or Service is listed at an incorrect price due to a typographical error, or an incorrect price derived from information received by a third party or business associate, we retain the right to refuse or cancel any order or purchase made at the incorrect price. We have the right to cancel or refuse the purchase whether or not such order has been confirmed and your credit or debit card has already been charged with such amount. If your credit or debit card has already been charged for such order and your order is cancelled, we will promptly reinstate the credit to your card used up to the amount of the charge.

 

Eligibility and Restrictions on Use

By accessing this Site or other linked pages and the Services, you represent, warrant and represent that you are at least 18 years of age and have full legal capacity to enjoy and exercise your rights to engage in the use of this Site and the obligations set forth in the Terms of Use.

 

You agree to accurately and truthfully complete the information required to create your INGENES Account (hereinafter the "Account"), including, but not limited to, your name, email address, telephone number, personal email address and password, which will henceforth be your INGENES ID and access credentials. The INGENES ID and/or credentials for use are inherent to your person and you are solely responsible for maintaining the confidentiality of your INGENES ID and/or credentials for use, as well as for all activities that may be carried out using this INGENES ID and/or credentials. Your access may be revoked by INGENES at any time with or without just cause.

 

You are prohibited from violating or attempting to violate the security of the Site, including, but not limited to, (a) accessing information not intended for your knowledge or accessing a server or account that you do not have authorization or access to; or (b) attempt to probe, scan or test the vulnerability of any system or network, or otherwise breach security or authentication measures without proper authorization; or (c) access or use the Site or its components without authorization, in violation of the Terms of Use or in violation of any provision of law.

 

You may not use scrappers, crawlers or spiders, robot bots or any mechanism to access or copy information on the Site, link deep into any functionality, feature or content of the Site, bypass our bot exclusion mechanisms or other measures employed to safeguard and prevent unauthorised access to the Site. Violation of the system or network may trigger civil or criminal liability. INGENES will investigate any occurrence involving such violations and may involve and have the cooperation of law enforcement and prosecuting authorities. You agree not to use any mechanism, software or pattern that interferes or is intended to interfere with the operation of the Site or any activity conducted within the Site.

 

Communications Electronics

When you use the Site or Services, or send emails, messages and other communications to us from your desktop computer or mobile device, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents may be signed electronically and (b) all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. INGENES and the PCs may contact you by telephone, SMS, postal mail, email or any other channel/mechanism to verify your information needs and requirements. INGENES and the PCs may request additional information from you and you agree to provide such additional information to ensure that you have not fraudulently created your Account. If you do not provide this information as requested within 14 days of the request, we reserve the right to suspend, discontinue or deny your access to and use of the Site and Services until you provide us with the requested information.

 

Consent to receive calls, text messages, social media notifications and emails.

Except as otherwise provided in the Privacy Policy or Notice of Privacy Practices, in accordance with the protected health information, privacy and consumer information treatment rules, by providing your mobile phone number and email address, you consent to INGENES and the CPs communicating with you at the mobile phone number or email address you have provided, including calls, text messages, social media and emails. to receive information related to the Products or Services (e.g., progress and progression tracking, medication refill reminders, review reminders, etc.) and marketing communications related to the Site and Services. Message and data rates may apply. For more information or to stop receiving this communication, please contact us at [email protected] Please note that if you stop receiving text messages or emails from us, you may not receive important and helpful information and reminders about your progress and treatment.

 

Site Ownership and Related Materials; Additional Restrictions

All pages within this Site and any material available for download are the property of INGENES, or its licensors or suppliers, as applicable. The Site is protected by international copyright and trademark laws.

 

All rights not expressly granted to you in these Terms of Use are reserved and retained by INGENES or its licensors, suppliers, publishers, rights holders or other content providers. Neither the Site and Services, nor any portion of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or personal purpose without the express written consent of INGENES. You may not frame or utilize framing techniques to enclose any INGENES trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use metatags or any other "hidden text" utilizing INGENES' name or trademarks without the express written consent of INGENES. You may not misuse the Site or the Services. You may use the Site and the Services only in accordance with the Law. The content of the Site, including but not limited to files, documents, text, photographs, images, audio and video, and any material accessed or made available for use or downloading through this Site, may not be copied, distributed, modified or reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by INGENES. You may not frame or utilize framing techniques to enclose or create deep links to any INGENES name, trademark, service mark, logo, content or other proprietary information (including images, text, page layout or form) without our express written consent.

 

Images of people or places displayed on the Site are either the property of, or used with permission by, INGENES. Use of these images by you or anyone else authorized by you is prohibited unless specifically permitted by these Terms and Conditions of Use or specific permission is provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, as applicable.

 

Users under 18 years of age are not allowed.

The Site and Services are intended only for users 18 years of age or older. If you are under 18, please do not attempt to register with us on this Site or provide us with personal information about yourself. If we learn that we have collected personal information from anyone under the age of 18, we will delete that information immediately. If you believe that we may have collected personal information from anyone under the age of 18, please email us at [email protected]

 

Accuracy of Information Provided; Functionality

Although INGENES attempts to ensure the completeness and accuracy of the information contained in the Site and product or service descriptions, INGENES makes no representations or warranties of any kind as to the completeness or accuracy of the Site, Product or service descriptions and other content on the Site. It is possible that the Site may include typographical errors, inaccuracies or other errors, and that unauthorised additions, deletions and alterations may be made to the Site by third parties or business partners. Should any inaccuracies arise, please inform INGENES so that they can be corrected. If a Product described on our Site is not as described upon receipt, or the packaging on the Site does not match the product you received, your sole remedy is to return it to us unused and undamaged. The information contained on the Site may be changed or updated without notice. In addition, INGENES shall have no liability whatsoever for information or content posted on the Site by a third party not affiliated with INGENES.

 

INGENES and the PCs reserve full and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend or discontinue any functionality or feature of the Site or Services, among other situations. We are not responsible for transmission errors, corruption or compromise of information transmitted by a local or incumbent telecommunications operator. We are not responsible for maintaining information arising from the use of the Site or in respect of the Services. We reserve the right to retain, delete or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.

 

Links to other sites

INGENES makes no warranties whatsoever about any other website that you may access through this Site. When you access a non-ENGINEES site, please understand that it is independent from ENGINEERS and that ENGINEERS has no control over the content on that web site. In addition, a link to a non-ENGINEES web site does not mean that ENGINEERS endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you, and you are solely responsible for taking precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, malware, ransomware, spyware, Trojan horses and other items of a destructive or destructive nature. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

 

User Information

In the event that you submit, upload, post or transmit any protected health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site ("User Information"), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful or may encourage criminal or unethical behavior, inaccurate, defamatory, abusive, libelous, defamatory, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful or that may encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secret or intellectual property rights of any person or entity, or (3) contains or transmits a virus or other harmful component. You agree not to contact other users of the site through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to INGENES and the PCs that you have the legal right and authorization to provide all User Information to INGENES and the PCs for use as set forth herein and as required by INGENES and/or the Provider of any PC.

 

You agree not to (i) access the Site or use the Services in an unlawful manner or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, material, content or information (including, without limitation, advice and recommendations) (collectively, the "Information") that is (1) libelous, defamatory, obscene, fraudulent, false or contrary to the property or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware or other computer program or code designed or intended to damage or harm any person, worm, Trojan horse, time bomb, malware or other computer program or code designed or intended to damage, destroy, intercept, download, interfere with, manipulate or otherwise disrupt or expropriate the Site or Services, personal information, software, equipment, servers or Information or facilitate or promote hacking, piracy or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper with, hack, hack, forge, copy, modify or otherwise corrupt the administration, security or proper functioning of the Site or Services; (v) use robots or scripts with the Site; (vi) attempt to engineer, reverse compile, decompile, disassemble, translate or alter, defraud or create false results from any executable code, information from or received by this Site; (vii) run any anti-virus or anti-spyware software configured to override Internet browser cookie settings; (viii) improperly identify the sender of any message transmitted to INGENES. You may not alter the attribution or origin of e-mail, messages or postings; (ix) harvest or collect protected health information (PHI) about any other person using the Site or Services; (x) infringe or facilitate the infringement of any copyright, patent, trademark, trade secret or other proprietary, publicity or privacy rights of any party, including the rights of third parties or business associates.

 

You agree to defend, indemnify and hold harmless INGENES, the PCs and the Providers against all third party claims, damages and expenses (including reasonable attorneys' fees) against or incurred by us arising out of any User Information you upload or transmit through the Site.

 

Intellectual Property Infringement Claims

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures described below.

 

INGENES respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement reported to INGENES.

 

Notices of alleged copyright infringement for content available on the Site

If you are a copyright owner, or are acting on behalf of someone who is a copyright owner or to act under an exclusive copyright right, please give notice of the alleged infringement in question on the Site and send us a notice (the "Notice"), in accordance with the following:

 

  1. Identify the protected works that you claim have been infringed.
  2. Identify the material or link that you claim is infringing (or the subject matter of the infringement) that links to what is disabled, at a minimum, by providing the URL of the link displayed on the Site where such material can be found.
  3. Provide email address, telephone number, as well as postal address.
  4. Include the following statements in the body of the Notice:
  5. "I hereby declare that I have a good faith suspicion that the alleged use of protected material is not authorised for use by the owner of the copyright in that content, his agent or by operation of law (e.g. freedom of expression).
  6. "I hereby declare that the information contained in this Notice is accurate and, under oath to tell the truth and to commit the crime of perjury, that I am the owner or the representative to act for and on behalf of the owner, of the copyright or exclusive right under those rights that are alleged to have been infringed."
  7. Provide your full legal name and your digital electronic signature.
  8. Send this Notice, with all the above elements, to the following e-mail address: [email protected]

 

Intellectual Property

With the exception of your electronic medical record, INGENES and the PCs, as applicable, retain all right, title and interest in and to the Site, the Services and any information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for information on the Site licensed to INGENES or the PCs (in which case, the licensor retains all right, title and interest therein). The information available through the Site and the Services are the property of INGENES or the PCs, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disclose, rent, lease, loan, sell, publish, transmit, display or circulate such information to anyone. The use, reproduction, copying or redistribution of INGENES' or the PCs' trademarks, service marks and logos is strictly prohibited without the prior written permission of INGENES or the PCs, as applicable. The immediately preceding also applies to trademarks, service marks and logos of third parties or business partners posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written consent of INGENES, the PCs, business partners or third party owners of such trademarks, service marks and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

 

INGENES may remove any information provided by you that it considers, in its sole discretion, to be fraudulent, abusive, defamatory, obscene or in violation of the copyright, trademark or other intellectual property or proprietary right of any other person or entity, or in the event that an authority compels INGENES to do so.

 

Exclusion of Liability

INGENES AND THE PCS MAKE NO WARRANTY THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED OR ANY SERVICES RELATED TO THE SITE, IS PROVIDED "AS IS", WITH ALL FAULTS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT OF TITLE/NON-INFRINGEMENT. INGENES AND THE PCs MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR CURRENTNESS OF INFORMATION OBTAINED THROUGH THE SITE.

 

BY USING THE SITE, INFORMATION WILL BE TRANSMITTED VIA A MEDIUM WHICH MAY BE BE BEYOND THE CONTROL AND JURISDICTION OF INGENES OR THE PCs AND THEIR AFFILIATES, LICENSORS, BUSINESS ASSOCIATES AND SUPPLIERS. THEREFORE, INGENES AND THE PCs, ITS AFFILIATES, LICENSORS, BUSINESS ASSOCIATES AND SUPPLIERS ASSUME NO LIABILITY FOR THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE. INGENES AND THE PCS, ITS AFFILIATES, LICENSORS, SUPPLIERS, BUSINESS ASSOCIATES AND CONTENT PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS, USE OR BROWSING OF THE SITE OR DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.

 

NEITHER INGENES NOR THE PCS HAS REVIEWED ALL SITES THAT MAY BE LINKED TO THE SITE AND ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGE OR ANY OTHER SITE LINKED TO THE SITE. YOUR ACCESS TO ANY OFF-SITE PAGES OR OTHER SITES IS AT YOUR OWN RISK.

 

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES AND LINKED WEBSITES. INGENES and THE PCS DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJANS OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR DATA SECURITY AND BACKUP NEEDS.

 

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY INGENES OR THE PCs ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY INGENES, THE PCs, ITS BUSINESS ASSOCIATES OR THIRD PARTIES IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

 

Limitation of liability for use of the Site

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

 

INGENES SHALL NOT BE LIABLE FOR ACTS OR OMISSIONS OF THE PCs, ITS BUSINESS ASSOCIATES OR SUPPLIERS. INGENES, ITS BUSINESS ASSOCIATES AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM INJURY, LOSS OF DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH, THE SITE, THE SERVICES RELATED TO THE SITE, THE CONTENT OR INFORMATION CONTAINED ON THE SITE AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SITE-RELATED SERVICES AND/OR LINKED WEBSITES IS TO DISCONTINUE USING THE SITE AND/OR SUCH SERVICES. TO THE EXTENT THAT ANY ASPECT OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT APPLICABLE, INGENES' MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED U.S. DOLLARS). YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS LIMITING THE EFFECTIVENESS OF ANY SUCH INDEMNIFICATION OR RELEASE.

 

No third party rights

Unless otherwise expressly stated in the Terms of Use, nothing contained herein is intended to confer any right or remedy upon any person other than you, INGENES, the PCs, the business partners and their affiliates. Nothing in these Terms of Use is intended to diminish or render ineffective the obligation or liability of any third party to you, INGENES, the PCs, business partners and their affiliates, nor shall any provision grant any third party any right of subrogation or action against you, INGENES, the PCs, and their affiliates.

 

Transfer of rights

You may not assign, transfer or delegate the Terms of Use or any part thereof without the prior written consent of INGENES. INGENES may freely transfer, assign or delegate all or any part of the Terms of Use, and any rights or obligations hereunder. The Terms of Use shall be binding upon and inure to the benefit of the heirs, successors and permitted assigns of the parties.

 

Supplementary terms applicable to Suppliers

These supplemental terms apply to Providers, in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall control.

 

To be a health care provider using the Site ("Provider" or "you"), you must be a licensed or certified physician contracted or employed by any of the PCs, and you must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a Provider or otherwise not otherwise provided for. Your relationship with INGENES users (including patients of the PCs) is directly between you and the patient. The patient will never have a doctor-patient relationship with INGENES. INGENES does not practice medicine and does not provide medical services. As set forth in more detail below, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all bills and collections from patients and other consumers, and INGENES shall have no liability to Provider with respect to amounts owed by any patient or other consumer to Provider.

 

INGENES does not provide any medical advice, legal advice or warranties with respect to any legal or medical issues associated with the Supplier, goods or services offered by the Supplier, including, without limitation, compliance obligations or steps necessary to comply with any state or federal laws, laws and regulations. Supplier should seek legal advice with respect to any legal and compliance issues, and should not rely on any material or content associated with the Services in determining Supplier's compliance obligations under the Act. Provider and INGENES agree that INGENES is not providing, to Client or any other person, medical advice or legal advice.

 

Provider shall use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services may facilitate and enhance the quality of service that the Provider can provide to patients, various factors, including the relationship between the provider and the patient, may affect the patient's outcome, and because of the intricate and interdependent technologies involved, coupled with complex decision making, it is often difficult or impossible to determine precisely what factors and how much of an outcome they affected. Provider shall be solely responsible for its use of the Site and Services and for the provision of medical services to Provider's patients. In this regard, the Provider releases INGENES and waives any potential claims against INGENES as a result of the Provider's use of the Site and the Services and the provision of services to the Provider's patients.

 

As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold harmless INGENES from any claim by or on behalf of any patient of Provider, or on behalf of any other third party, business associate or person claiming damages by virtue of a familial or financial relationship with such patient, that is brought against INGENES, regardless of cause, if such claim arises for any reason whatsoever, out of Provider's use or operation of the Site and Services. To the extent applicable, Supplier shall obtain INGENES' prior written consent to any settlement or judgment in which Supplier agrees to any breach or condemnation of INGENES or defect in the Site or Services. INGENES shall promptly notify Supplier in writing of any claim subject to this indemnity, promptly provide Supplier with information reasonably required for the defense thereof, and give Supplier sole control over its defense and resolution.

 

If you submit, upload, transmit or post any consents, notices, advice, recommendations, comments, comments, files, videos, images or other materials to us or our Site ("Provider Content") or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, defamatory, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that may constitute criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secret, or intellectual property rights of any person or entity, or (3) contains or transmits a virus or other harmful component. The provider is solely responsible for obtaining all necessary agreements and consents and providing all necessary notices to patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to INGENES that you have the legal right and authorization to upload all Provider Content to the Site. INGENES shall have a royalty-free, irrevocable and transferable right and license to use the Supplier Content, however, INGENES desires to, among other things, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Supplier Content and/or incorporate such Supplier Content in any form, media or technology throughout the world. INGENES does not and shall have no obligation (1) to keep any Supplier Content confidential; (2) to pay you any compensation for any Supplier Content; or (3) to respond to any Supplier Content.

 

INGENES does not regularly review Provider Content, but reserves the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant INGENES the right to use the name that you submit in connection with any Supplier Content. You agree not to use a false e-mail address, impersonate any other person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post on the Site or provide to patients or other consumers. INGENES and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

 

Conflict Resolution; Engagement in Arbitrators

Every effort will be made to work in good faith to resolve any problems you have with the Site, including Products and Services ordered or purchased through the Site, in the event you report such problem to our patient care department. However, we are aware that there may be exceptional cases where we may not be able to resolve a problem to the satisfaction of a customer or patient.

 

You and INGENES agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, shall be determined by binding arbitration rather than in competent courts with jurisdiction. Arbitration is more informal than filing a lawsuit in court. Arbitration uses a neutral arbitrator rather than a judge or jury, and is subject to very limited review by the courts. Arbitration allows for a more limited evidentiary discovery stage than in court; however, we agree to cooperate with each other to agree on reasonable discovery in light of the issues involved and the amount of the claim. Arbitrators may rule on the same damages that a court may award, but in doing so, the arbitrator will apply the substantive law with respect to damages as if the matter had been brought in court, including, but not limited to, the law on punitive damages as applied by the Supreme Court of the United States of America. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act ("U.S. Federal Arbitration Act") shall apply. (U.S. Federal Abitration Act governs the interpretation and enforcement of this provision, and that both you and INGENES waive the right to a jury trial or to participate in a class action lawsuit. This arbitration provision shall survive the termination of these Terms of Use and any other contractual relationship between you and INGENES.

 

If you wish to file a claim against INGENES and thereafter elect to seek arbitration, you must first send INGENES, by certified mail, a written notice of your claim (the "Notice"). The Notice to INGENES shall be addressed to: 371 E Street, Chula Vista, California, 91910 ("Notice Address") and email: [email protected] If INGENES wishes to bring a claim against you and therefore elects to seek arbitration, it will send you, by certified mail, a written Notice to the most recent address we have on record or in our records for you. Any Notice, whether sent by you or by INGENES, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Claim"). If INGENES and you do not reach an agreement to resolve the claim within 30 days after receipt of the Notice, you or INGENES may initiate an arbitration proceeding. During arbitration, the amount of any settlement offer made by INGENES or you will not be disclosed to the arbitrator. If the claim is about a service that is performed in the United States:

 

You may download or copy a Notice form and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after INGENES receives notice at the Notice Address that arbitration has commenced, it will promptly refund the filing fee, unless your claim is for more than $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified for purposes of these Terms of Use, and will be administered by the AAA. The AAA Rules and forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. The arbitrator must decide all issues, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless INGENES and you agree otherwise, arbitration hearings will be held in the county (or district) of your billing address. (If you reside outside the United States, any arbitration hearing will be held in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules, including the AAA's rules regarding the selection of an arbitrator.) If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as provided by the AAA. Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written award sufficient to explain the essential findings and conclusions upon which the award is based. If the arbitrator awards you a fee greater than the value of INGENES' last written settlement offer made before an arbitrator was selected (or if INGENES did not make a settlement offer before an arbitrator was selected), then INGENES shall pay you the amount awarded or $1,000, whichever is greater. Except as expressly provided herein, payment of all filing, administration and arbitration fees shall be governed by the AAA Rules. Each party shall pay its own costs and attorneys' fees, if any. However, if either party wins a legal claim that pays the prevailing party's attorneys' fees, or if there is a written agreement providing for the payment or recovery of attorneys' fees, the arbitrator may award reasonable attorneys' fees to the prevailing party in accordance with the fee-shifting rules provided by law.

 

If the claim is about a service that is carried out in the United Mexican States ("Mexico"), the arbitration to be used is the one provided by the "Comisión Nacional de Arbitraje Médico" ("CONAMED" for its acronym in Spanish) and you should contact it at:

 

  1. Marina Nacional #60, 4to. Pisón, Alc. Miguel Hidalgo, Col. Tacuba, Mexico City. México C.P. 11410

Telephone number:

+ 52 55 54207000 o +52 800 711 0658

E-mail:

[email protected]

 

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS OR HER INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY CLASS OR COMMON REPRESENTATIVE PROCEEDING. Further, unless you and INGENES agree otherwise, the arbitrator may not consolidate the claims of more than one person with your claims, and may not preside over any form of class proceeding. The arbitrator may issue an injunction or proceeding only in favor of the individual party seeking relief and only to the extent necessary to issue relief warranted by that party's individual claim.

 

If the provision of this Arbitration Agreement is determined to be unenforceable, then (a) this entire arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claim shall be in the state or federal courts located in California for claims for service made in the United States of America and in the courts located in Mexico City for claims for service made in Mexico.

 

Force Majeure

We shall not be deemed to be in breach of these terms and shall not be liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including, without limitation, acts of God, terrorism, war, invasion, failure of any public network, power failure, earthquake or flood, civil disorder, strikes, fire or other disasters.

 

Indemnification

You agree to defend, indemnify, hold harmless, indemnify and hold harmless INGENES, the PCs and any affiliates from and against any and all rights, claims, demands, losses, liabilities, damages, claims, demands, actions and judgments (regardless of whether in law or equity), amounts, costs and attorneys' fees of any kind arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products or Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to INGENES, the PCs, or any Supplier or customer service agent; and/or (iv) any negligent act or omission by you in your use or misuse of the Site, the Products or Services or any information on the Site, including, without limitation, infringement of intellectual property rights, privacy rights, rights, or negligent or wrongful conduct.

 

Revisions; General

INGENES reserves the right, at its sole discretion, to terminate your access to all or part of this Site, with or without cause, or even without notice. INGENES reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes shall be deemed acceptance of such changes. You agree to review the Terms of Use each time you access this Web site so that you may be notified of any changes to these Terms. In the event that any of the Terms of Use are declared unenforceable by a court or other tribunal of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary for these Terms of Use to remain in full force and effect. These Terms of Use constitute the entire agreement between INGENES and you relating to the subject matter hereof. At its sole discretion, INGENES may revise these Terms of Use from time to time by updating this posting. Therefore, you should periodically visit this page to review the current Terms of Use so that you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

 

Intellectual property notice

All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of third parties or business partners. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.

 

Contact information

 

INFERTILITY AND GENETICS INSTITUTE MEXICO, S.C.

ADDRESS: CARRETERA MÉXICO-TOLUCA 5420, INT. 602, EL YAQUI, CUAJIMALPA, MEXICO CITY, C.P. 05320

PHONE: ________________

EMAIL: ______________

 

INGENES SAN DIEGO, INC.

ADDRESS: 9685 VIA EXCELENCIA #102 SAN DIEGO, CA 92126, USA.

PHONE: (1-619) 333-3959

EMAIL: ______________

 

INGENES MCALLEN, P.C.

ADDRESS: 4836, ST. JACKSON ROAD, EDINBURG, TEXAS 78539, USA.

PHONE: (1-888) 627-9747

EMAIL: ______________

 

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Dr. Felipe Camargo Professional ID SEP: 4452501  
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