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AUGUSTA, GA – October 12, 2018
Xytex honored its commitment to providing quality donor sperm by sending staff to Denver, Colo., for the 74th Annual American Society for Reproductive Medicine Scientific Congress and Expo Oct. 6-10.
This year’s theme was “Focus on the Next Generation.” Participants attended lectures, symposia and interactive sessions to learn about the latest in fertility technology and treatments in reproductive medicine. Xytex staff also joined panel and round table discussions with reproductive professionals from around the world. Participating in conferences like ASRM ensures Xytex stays on the cutting edge to provide our customers the best donor sperm possible.
“Continuous Quality Improvement is one of our core values here at Xytex. Attending a national conference to learn and explore best practices and cutting edge technology in reproductive medicine and women’s health is part of this value,” said Dr. Joan Diamond, Vice President of Clinical Operations. “This will enable us provide Xytex customers with the best top-quality sperm, along with the customer service we have been known for since 1975.”
Since 1975, Xytex has helped women fulfill their dream of growing their families using the highest quality donor sperm. All our donors undergo extensive physical, psychosocial, background and genetics screening to ensure that we provide the best chance possible for conceiving healthy babies. Our exceptional, compassionate customer service is unparalleled in the industry.
Contact: Lisa Kaylor, Marketing Coordinator; firstname.lastname@example.org; 706-733-1030
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Site Usage and Information Agreement
Effective 3rd April 2017
IMPORTANT! THESE TERMS AND CONDITIONS AREA BINDING LEGAL AGREEMENT (this “Agreement”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
This Agreement governs your use of www.xytex.com and any other website or page offered by Xytex and its subsidiaries and affiliates that links to this Agreement (collectively, including all associated content, communications, tools, features, functionality and services, the “Site”). This Agreement is by and between Xytex and its subsidiaries and affiliates (referred to herein as “Xytex”, “we”, “us”, or “our”) and you, on behalf of yourself, individually, or the organization on whose behalf organization you have registered (in either case, “you”). If you access the Site in your capacity as an employee, owner, or otherwise as an agent of an entity, you represent and warrant that you have the authority to bind such entity to the terms of this Agreement. You are deemed to have accepted this Agreement by accepting this Agreement and/or by using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the services or functions offered in or by the Site and/or the contents of the Site in any way. For clarity, upon such access and use, you shall have agreed to each and all of the terms and conditions set forth below, and waive any right to claim ambiguity or error in this Agreement. If you do not agree to any portion of this Agreement, please discontinue use of the Site immediately. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of this Agreement at any time without prior notice and, unless otherwise indicated, such changes will become effective immediately when an updated version of this Agreement is posted online; therefore, please check this Agreement periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. Please print and retain a copy of this Agreement, as it may be changed from time to time, for your records.
Certain products and services that we offer are governed by both this Agreement and additional terms specific to that product or service (“Additional Terms”). The terms of this Agreement and all applicable Additional Terms are collectively, the “Service Terms”. In the event of any conflict between this Agreement and the Additional Terms, such Additional Terms shall control with respect to your use of the product or service to which they apply only.
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III. RESTRICTIONS ON USE
You acknowledge and agree that the features, tools, functionality, applications, materials, data and other information, content (including their selection and arrangement), services and software (including all text, logos, photographs, graphics, images, video, audio, illustrations, software, html, source and object code, algorithms, business logic, modules, programs, links and other materials), product names, logos, designs, service marks, trade marks, trade dress, titles, and certain words or phrases, in each case displayed on, transmitted through, or accessed or used on, within, or in connection with the Site (all of the foregoing, collectively, “Service Content”), are intellectual property protected by copyright, trademark or other proprietary rights of Xytex or its licensors, suppliers or other designees, which rights may or may not be registered in certain jurisdictions. You acknowledge and agree that Xytex and its licensors, suppliers or other designees reserves and retains, for itself and such third parties, as applicable, all intellectual property and other proprietary rights of any and all kinds in connection with the Site and Service Content, and you will not acquire any interest therein by using the Site or Service Content. You also agree to comply with any additional copyright notices, information, or restrictions contained in any Service Content available on or accessed through the Service.
No Service Content or material from any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our prior written permission in each instance. For purposes of this Agreement, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other hidden text utilizing our name, trademarks or other proprietary information without our prior express written consent.
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We are pleased to hear from our users and welcome your comments regarding the Site and the products and services offered in connection with the Site. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We employ staff and consultants who may be working on the same or similar ideas. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or consultants might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials of any kind. While we do value your feedback on your experience using the Site and the services and products offered in connection with the Site, we request that you be specific in your comments with respect to the same, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
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When participating in a Forum, proceed with caution and never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. In the event that you connect with us outside of the Site through any third party social media or sharing platform such as Facebook®, Twitter Inc., your use of such platform is subject to that platform’s separate terms and conditions.
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The Indemnified Parties (described in Part VIII below) are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters.
Further, such Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site.
We may prohibit you from participating in or utilizing the Site if in our sole and absolute discretion you show a disregard for the terms of this Agreement or act with the intent to annoy, abuse, threaten, or harass any other user, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.
We reserve the right to suspend access or discontinue the Site, in whole or in part, at any time, for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Xytex, without prior notice.
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The Site may contain technical inaccuracies or typographical errors or omissions. Xytex is not responsible for any typographical, photographic, or technical errors on our Site. Xytex reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us (including our subsidiaries and affiliates), our suppliers and licensors, and each of such person’s or entities’ officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ and experts fees and court costs) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising out of or in any way connected with this Agreement, the services or products provided to you by us through the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Xytex or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
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We make no representation that the services or products offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site and our products and services do soon their own initiative and are responsible for compliance with local laws in their jurisdiction. If use of the Site and/or viewing or use of any material or content on the Site orif use of our products or services violates any applicable law in your jurisdiction, you are not authorized to view or use the Site, products and/or services and must discontinue use immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Indemnified Parties may rely upon such representation. The Site is operated from the United States and it is possible that some Software from the Site may be subject to United States export controls. No Software from the Site may be downloaded or otherwise exported or re-exported to any person or to any location in violation of the export laws of the United States or any other jurisdiction. By downloading or using the Software, you represent and warrant that you are not located in a restricted location, or a restricted person or under the control of a restricted person.
This Agreement, as amended, remains effective during all periods of time during which you access the Site, our products or services. Your access to the Site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of this Agreement or otherwise. All rights and obligations which by their nature are intended to survive the termination of your use of the Site and/or termination of this Agreement in order to be fully operative, shall survive termination including, without limitation, the following provisions: Agreement; Additional Terms; Privacy (Part I), User Eligibility; Your Account (Part II); Restrictions on Use(Part III); Submissions (Part IV); Forums and Public Communications, second to last paragraph (Part V); Disclaimers (Part VII); Indemnification (Part VIII); Limitation of Liability (Part IX); Release (Part X); Termination (this Part XII); General Provisions (Part XIII); and Notice and Procedure for Making Claims of Copyright Infringement (Part XV).
XIII. GENERAL PROVISIONS
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your solicitation of offers to purchase and/or sell products and/or services. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, U.S.A., without giving effect to any principles of conflicts of law. You agree that (1) any action at law or in equity arising out of or relating to the terms of this Agreement, our products or services shall be resolved individually, without resort to any form of class action, and filed only in the state or federal courts located in Richmond County, Georgia, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and (2) any and all claims, judgments and awards shall be limited to your actual-out-of-pocket costs incurred, but in no event attorneys’ fees, and under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim any indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter of this Agreement and shall not be modified except as otherwise set forth in this Agreement. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition of this Agreement, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition of this Agreement. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that you will execute and deliver to us, in recordable form if necessary, such further documents, instruments or agreements, and shall take such further action, that may be necessary or appropriate to effectuate the purposes of this Agreement.
XIV. DIGITAL SIGNATURE PROVISIONS
You further agree that your clicking to accept terms and conditions on the Site constitutes a valid, legal and binding electronic signature and that you will have formed, executed, entered into, accepted the terms of, and otherwise acknowledged and agreed to the applicable terms.
In accordance with the U.S. Digital Millennium Copyright Act, notifications of claimed copyright infringement should be sent to our Designated Agent. Notification must be submitted to the following Designated Agent:
To be effective, the notification must be a written communication that you can mail or email to us as indicated above that includes the following:
Effective 3rd April 2017
We collect personally identifiable information that you provide to us when you register to use the Site or any portion of the Site, like xyConnects, register to receive our newsletter, request information or services from us, or otherwise communicate or interact with us online. We also may receive information about you from third-party sources and add it to the information you have provided to us.
We use your personally identifiable information for a variety of business purposes, including to provide information or services you request, to communicate with you about them, to do all things necessary to administer the Site and our services, and manage, protect and improve them.
We are not responsible for the information you volunteer about yourself or choose to make public in discussions in our forums or other interactions through the Site that are accessible to other users.
We collect a variety of information from donors, including personal information, such as name and contact information, that can be used to identify or contact a donor. While we do not intentionally release personally identifying information of donors without their consent, it is possible that certain information like hair color, eye color, race, ethnic origin, height, weight, baby picture, medical history and other information you submit to us for inclusion in a donor profile (“Donor Information”) could result in persons familiar with you recognizing you.
We use information gathered through these tools to improve the way our Site works, for example by employing third-party analytics tools which aggregate anonymized user information to help us better design our Site, and to enhance the functionality of our Site, for example by remembering preferences or other choices that you make, such as user names and the like. By allowing us to understand how you use our Site over time, these tools can help us provide you with a better, more relevant online experience.
Unless your browser settings are configured to make your online activities and publicly available information about your online activities (such as traffic data described above under #3) invisible to usage analytics tools, we do not presently have the capability to omit you from our analytics to the extent your browser only sends us a “do not track” message and does not otherwise screen you from tracking without action on our part. While we, or vendors on our behalf, may track the websites you visited before and after our website as part of the traffic data described above for our internal business purposes, we do not authorize other third parties (e.g., advertisers) to do so, but it is nonetheless possible that third parties may do so for their own purposes with respect to which we may have no knowledge or control.
We share Donor Information with users as described on the Site. We may use third parties to help operate our Site, deliver and improve our services through the Site, and develop our offerings, and we may share information we have about you with such third parties for such purposes. These third parties are not authorized by us to use any of your personally identifiable information except as needed for such purposes.
We reserve the right to transfer any information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business.
We reserve the right to disclose any information as needed if that information is requested by law enforcement agencies or if we are required to do so by applicable law. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personally identifiable information to be shared or transferred to third parties without permission.
Xytex is based in the United States of America. Any personally identifiable information you provide may be stored and maintained in our databases in the United States or transferred to our databases outside the United States. By providing us with your information, you consent to this transfer.
If you receive a newsletter or similar promotional email from us, you will be given the option to “unsubscribe” from receiving further emails from us. Your election not to receive promotional and marketing materials will not preclude us from corresponding with you, by email or otherwise, regarding your existing or past business relationships with us (e.g., any purchase of our products), or to respond to requests for information you pose to us, and will not preclude us from accessing and viewing your personally identifiable information in maintaining and improving our Service.
This Site is not intended for, or designed to attract, minors under the age of 18 or the applicable age of majority in their jurisdiction of residence (if higher than 18). In particular, no children under the age of 13 should provide any personally identifiable information to us, and we do not knowingly collect such information from such persons. If we learn that we have collected the personally identifiable information of such a person we will take steps to delete the information as soon as possible. Children under the age of majority in any non-U.S. jurisdiction should not provide any personally identifiable information without their parent’s consent.
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, what types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediate preceding calendar year. To access this information, please contact us by email at email@example.com or mail at 1100 Emmett Street, Augusta, Georgia 30904, Attn: CA Privacy Request.
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