Fertile Grounds™ Terms of Service

These Fertile Grounds™ Terms of Service constitute an agreement (this “Agreement”) between you and Dominion Fertility, its designees, successors and assigns (“Dominion”) with respect to your use of the Fertile Grounds™ social network (the “Network”). The Network includes all web pages and other materials relating to Fertile Grounds™ . You are solely responsible for your conduct and your content on the Network and compliance with these terms. Your registration with, use, browsing and/or access of the Network constitutes your acceptance, without modification, of the terms, conditions and notices contained in this Agreement. In addition, when using particular site services, you agree that you are subject to any posted guidelines, rules, and policies applicable to such services that may be posted and modified from time to time. All such guidelines, rules, and policies are incorporated into this Agreement by reference. This Network is not directed to individuals under age 18 and is offered only to users18 years of age or older. Any person who provides their personal information through this Network represents that they are 18 years of age or older.

YOU AGREE THAT NO USE OF THE NETWORK BY YOU WILL CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND DOMINION OR ANY HEALTHCARE PROVIDER AFFILIATED WITH DOMINION OR OTHERWISE USING THE NETWORK. YOU AGREE THAT NO INFORMATION(INCLUDING, WITHOUT LIMITATION, ANY INFORMATION PROVIDED BY DOMINION OR ITS PROVIDERS) POSTED IN CONNECTION WITH THE NETWORK WILL BE CONSIDERED MEDICAL,LEGAL OR PROFESSIONAL ADVICE AND YOU AGREE TO CONTACT YOUR PHYSICIAN DIRECTLY BY TELEPHONE FOR ANY MEDICAL CONDITIONS YOU MAY ENCOUNTER OR MEDICAL ADVICE YOU MAY NEED.
You agree that you will not post, email or make available any content or use this Network:

•In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;

•in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

•to engage in spamming, "chain letters," "pyramid schemes", to solicit or advertise any product or service, solicitation or advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws,regulations or generally-accepted advertising industry guidelines;

•in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;

•in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive,violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;

•in a manner that is harmful to minors in any way;

•in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;

•subject to your election to join anonymously, to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;

•to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects otherpersons' ability to use this Network;

•to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy this Network or the content contained therein;

•to facilitate the unlawful distribution of copyrighted content;

•in a manner that includes personal or identifying information about another person without that person's explicit written consent;

•in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and

•in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:

•Engage in any activity that is or may be unlawful, threatening, abusive, defamatory, obscene,vulgar, offensive, hateful, embarrassing, pornographic, profane, sexually explicit, or indecent, or that is or could be considered harassment or “stalking”;

•Engage in any activity that violates the rights of any third party (including, without limitation, any privacy rights of third parties);

•Post or submit any information that is medically inaccurate, or that constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability (including,without limitation, any claims of defamation), or otherwise violate the laws of any locality, state, or nation;

•Post or submit any information that may cause injury to any person or entity, or result in any potential liability for Dominion, the Network or any third party;

•Collect, use or disclose data, including personal information, about other users without their written consent or for unlawful purposes or in violation of applicable law or regulations;

•Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;

•Post any content containing child pornography to this Network;

•Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;

•Post any content that constitutes pornography, contains nudity, or is adult in nature.

•Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";

•Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network's infrastructure;

•Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;

•Use this Network as a generic file hosting service;

•Take any action that may undermine the feedback or ratings systems (such as displaying,importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
•Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.

To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines.
Except as expressly agreed in writing by Dominion, the Network and all associated intellectual property is the sole property of Dominion. Any copying, republication, or redistribution of such materials is expressly prohibited without the prior written consent of Dominion.

You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network's online service provider. However, the Network Creator of this Network controls the content,membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.

You agree to the terms and conditions of the Fertile Grounds™ Privacy Policy, hereby incorporated by reference, which details the ways in which the Network and other parties might use personal information obtained through the Network. You acknowledge and agree that the terms of the Dominion Notice of Privacy Practices, and Privacy Policies vary from the Fertile Grounds™ Privacy Policy and this Agreement, and the Dominion Notice of Privacy Practice and policies will not apply to any information you may submit or which the Network may otherwise obtain in connection with your use of this Network. In accordance with this Policy, the Network and Dominion may use information and materials received from you or collected through your use of the Network, and may disclose such information to third parties.
YOU AGREE TO INDEMNIFY AND HOLD DOMINION HARMLESS FROM ANY AND ALL CLAIMS,LIABILITIES, DAMAGES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND DEFENSE COSTS) INCURRED BY DOMINION IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT BY YOU OR THROUGH ANY PASSWORD OR IDENTIFICATION ASSOCIATED WITH YOUR REGISTRATION.
The Network reserves the right to release information to law enforcement and third parties relating to violation of the standards of the Network and/or violation of law, or as the Network otherwise deems necessary and/or appropriate. The Network has the right, but not the obligation, to refuse service,terminate accounts, or remove or edit content, in its sole and absolute discretion.

By posting, submitting or otherwise providing or communicating information in connection with the Network (collectively "Communications") you grant to Dominion and the Network a perpetual, worldwide,irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt,distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications throughout the world, in all media now known or hereafter developed. You hereby waive all rights to any claim against Dominion and/or the Network for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

You will be solely responsible for your own Communications and any Communications submitted through any user identification and/or password pursuant to your registration and the consequences of posting or otherwise transmitting those Communications. Neither the Network, Dominion nor any affiliated provider represents or guarantees the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by web site users or endorses any opinions expressed by such users. Neither Dominion nor the Network has any obligation to monitor the Network in any manner, to require third parties to comply with the Terms of Service or other standards relating to the Network, nor to investigate or otherwise act upon any allegations of violation of law or other requirements relating to the Network. The Network reserves the right, but has no obligation to, terminate users and/or remove Communications that are abusive, illegal, disrespectful, disruptive, or otherwise problematic.

Your sole remedy in the event of a dispute arising out of this Agreement is to terminate this Agreement by ceasing your use of the Network, provided, however all terms and conditions of this Agreement shall remain in effect relating to any prior use of the Network, and the Network shall have no obligation to remove or otherwise modify any Communications you may have submitted.

The Network may be modified, suspended, or discontinued in whole or in part at any time. Neither the Network nor Dominion makes any warranty, express or implied, with respect to the content, information,or services provided through, or in conjunction with, the Network. Neither the Network nor Dominion makes any guarantee of the accuracy, correctness or completeness of any information on the Network,and shall not be responsible for any content relating to the Network. You agree that that any reliance upon any information or content on the Network is at your sole risk.

YOU AGREE THAT YOUR USE OF THE NETWORK IS AT YOUR OWN RISK. THE NETWORK,INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH THE NETWORK,IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL THE NETWORK OR DOMINION OR ANY AFFILIATED PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ORIN ANY WAY CONNECTED WITH THE USE OF THE NETWORK, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM NEGLIGENCE OR GROSS NEGLIGENCE. THE NETWORK AND DOMINION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT ANY COURT DETERMINES THE FOREGOING LIMITATIONS OF LIABILITY TO BE UNENFORCEABLE, YOU AGREE THAT THE LIABILITIES OF THE NETWORK, DOMINION AND ITS PROVIDERS WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

This Agreement shall be governed and constructed in accordance with the laws of the Commonwealth of Virginia without regard to conflicts of law provisions. Unless otherwise agreed in writing by Dominion,in the event of a dispute relating to this Agreement, the sole and exclusive means for resolution of such dispute will be by binding arbitration to be held in Arlington, Virginia in accordance with the Arbitration Rules of the American Health Lawyers Association Alternative Dispute Resolution Service. The decision of the arbitrator shall be final and binding on the parties and shall be enforceable in any court of applicable jurisdiction.

If for any reason any provision of this Agreement, is determined to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

You are responsible for regularly reviewing this Agreement. Notwithstanding any agreement to the contrary, the Network and Dominion reserve the right, in its sole and absolute discretion, to change,modify, add, remove or terminate any portion of this Agreement and/or the Fertile Grounds™ Privacy Policy, in whole or in part, at any time, without prior notice. You agree that you will be bound by all terms of this Agreement and the Fertile Grounds™ Privacy Policy, as modified and in effect from time to time, without any requirement for further notice from Dominion or the Network.

This Agreement and the Fertile Grounds™ Privacy Policy contain the entire agreement between you and the Network, Dominion and its providers with respect to the Network. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic,oral or written. No agreement, term or modification proposed by you will be deemed accepted or otherwise binding upon Dominion unless agreed to in writing and signed by the President of Dominion.

Fertile Grounds™ Privacy Policy

Dominion Fertility (“Dominion” or “we”)) is the owner of the Fertile Grounds™ social network (the “Network”).  This Privacy Policy applies to all information and materials relating to the Network, including, without limitation any information submitted, posted or otherwise communicated by you (collectively, “Communications”) and the Dominion Notice of Privacy Practices and other privacy policies of Dominion do not apply with respect to the Network.  All information you submit to the Network, including, without limitation, your participation in the Network and any posts or other information you submit can be viewed by others participating in the Network and the general public and can be viewed and displayed on search engines.  Information you submit and other Communications relating to the Network will not constitute Protected Health Information under the Health Insurance Portability and Accountability Act (“HIPAA”) and neither Dominion nor any provider affiliated with Dominion assumes any responsibility for protecting, securing or otherwise maintaining the confidentiality of any information you submit or other Communications.  However, we do not share, sell, rent, or trade our members’ personal information with third parties.By registering for the Network and/or using or accessing the Network sites, you give Dominion permission to collect, use, and disclose your personal information provided by you in the manner described in this policy. Please read this policy carefully as it affects your rights and liabilities under law. If you disagree with this policy, you may not register or otherwise access the Network.

Collection and Use of Information

You do not have to give us any personal information in order to browse and read the content in the public portions of our site. You must register with the site in order to post comments or interact on the Network. Our registration process collects certain information. We may use this information as we deem appropriate or advisable in our sole and absolute discretion.  In addition to collecting information specifically submitted by you, we may also collect aggregate behavioral information regarding how you use our sites, the areas of our site that are visited, what services are accessed, and information about your computer hardware and software including your IP address, location, browser and operating system type, domain names, access times and referring Web site addresses. We may use and disclose this information as we deem appropriate in our sole and absolute discretion.

By registering with the Network, you consent for us to use and disclose your information in the following ways:For creation of an account and information for the Network;to contact you about the Network and Dominion, including, without limitation, services that may be offered by Dominion;to generate internal reports about the use of our site; and such other purposes as we deem appropriate from time to time.Within the Network, you may submit Communications at your own risk. We do not guarantee that information will be secure or that information will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Network, and you understand and agree that, even after removal, copies of information relating to you may remain viewable in cached and archived pages or if others have copied or stored the information.  We assume no responsibility for deleting or recovering any information you submit.  We may share aggregated data regarding participants in the Network with third parties. Some of this data may include the data obtained as described in the "cookies" section.We may also disclose (but have no obligation to disclose) account information (i) when we believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be violating the Network’s Terms of Service, (ii) where we believe an individual may be causing injury to or interference with (either intentionally or unintentionally) the rights or property of Dominion or anyone else that could be harmed by such activities, and/or (iii) we believe that the law may require it or where we believe it is appropriate or desirable for Dominion and/or comply with a judicial proceeding, court order, or legal process.Cookies We may use and disclose information from cookies for any purposes we deem appropriate.  If you do not wish for us to use information from cookies, you may set your browser to refuse cookies.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time, without notice, so please review it frequently.