TERMS OF SERVICE

Vasectomy Institute Terms of Service

Please read these Vasectomy Institute Terms of Service (“Terms”) carefully. These Terms are between you (“you” or “your”) and Vasectomy Institute,  (“Vasectomy Institute,” “we” or “our”). The use of “you” or “your” in these Terms may refer to Vasectomy Institute, health care provider accessing the Site (as defined below) as a consumer, or anyone accessing the Site (as defined below). These Terms govern your use of the website, www.Vasectomy Institute.com, and the services and information available on the website (collectively, “Site”) whether you access the Site through your computer, mobile device, tablet or any Vasectomy Institute app.

You accept and agree to be bound by these Terms, the Vasectomy Institute Privacy Policy, and any other policies in place when you access or use the Site or by clicking the “Submit” button when you register for an account with Vasectomy Institute. If you do not agree to abide by or be bound by these Terms or any of the other policies of Vasectomy Institute, then do not register for an account, access or use the Site.

  1. Modification

Vasectomy Institute reserves the right to make changes to the Site, these Terms and other policies. If Vasectomy Institute makes material changes to these Terms or other policies, then Vasectomy Institute will either notify you by email or by posting a notice on the Site prior to the effective date of the changes. Vasectomy Institute will also indicate at the bottom of this page the date these Terms were last updated. These Terms are effective upon acceptance by new users. For current users, these Terms are effective as of July 1, 2020 and supersede all previous versions of the Vasectomy Institute Terms of Service. If any section or portion of these Terms shall be deemed invalid, void or for any reason unenforceable, then that section of the Terms shall be deemed severable and shall not affect the validity of the remaining condition. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future terms, you may not use or access the Site.

  1. No Medical Advice

The content (which includes any text, graphics, images or other material contained, is for educational/informational purposes only and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care provider. Any communication between you and health care providers on the Site is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by federal and state law. Your reliance on any information (including any links to third party websites containing any information about health care providers) or Content provided on the Site, is solely at your own risk. You should always seek the advice of your health care provider for any questions you may have about your own medical condition.

Any use of the Site other than as specifically authorized herein, without the prior written permission of Vasectomy Institute, is strictly prohibited.

In addition, Vasectomy Institute is not obligated to enforce these Terms against another user, health care provider or other third-party on your behalf. If you believe another user, health care provider or other third-party has violated these Terms, then please contact Vasectomy Institute by emailing us at officemanager@pcfsm.com.  Vasectomy Institute reserves the right to investigate the matter and take whatever action Vasectomy Institute deems appropriate in its sole discretion.

  1. Content Posted

Vasectomy Institute does not have any responsibility, including editorial control, of any content posted by , health care providers or other third party content provider. The Vasectomy Institute health care providers and other third party content providers are solely responsible for the information given to the vasectomy institute and its accuracy and we cannot be held liable.  

Vasectomy Institute does not make any warranties about the qualifications of the health care providers or the costs of the procedures or products featured on the Site.

  1. Links to Other Websites; Third Party Promotions

The Site may contain links to other websites maintained by third parties (“Third Party Website”) or you may be able to log into the Site through a Third Party Website. Third Party Websites are not under the control of Vasectomy Institute and Vasectomy Institute does not endorse or assume any responsibility for the content, information or functionality of any Third Party Website. As a result, your access or use of any Third Party Website is at your own risk and these Terms, Privacy Policy, Code of Conduct and any other policies do not apply or govern any Third Party Website. You expressly relieve Vasectomy Institute of any and all liability related to the functionality, content or information contained on any Third Party Website. In addition, your dealings with or participation in promotions of third parties (including health care providers) found on the Site, including payment and delivery of goods or services or any other terms (such as warranties) are solely between you and the third parties. You agree that Vasectomy Institute shall not be responsible to you for any loss or damage of any kind relating to your dealings with such third parties.

  1. Vasectomy Institute Intellectual Property Rights

Vasectomy Institute grants you a limited, personal, revocable, non-assignable and non-exclusive license to use the Site. Vasectomy Institute owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site (“Vasectomy Institute Content”), excluding your Submissions. Vasectomy Institute owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Vasectomy Institute Content and the Site which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, disassemble, publicly display or create derivative works based on any of the Vasectomy Institute Content in whole or in part, or the Site except as expressly authorized in writing by Vasectomy Institute. In addition, Vasectomy Institute does not grant any express or implied rights in and to the Site or Vasectomy Institute Content, and all rights in and to the Site and the Vasectomy Institute Content, are retained by Vasectomy Institute.

  1. VASECTOMY INSTITUTE DISCLAIMS ALL WARRANTIES

VASECTOMY INSTITUTE PROVIDES THE SITE, THE VASECTOMY INSTITUTE CONTENT AND ALL INFORMATION, MATERIALS AND OTHER CONTENT AVAILABLE ON THE SITE ON AN “AS IS” AND ” AS AVAILABLE” BASIS “WITH ALL FAULTS.” VASECTOMY INSTITUTE DISCLAIMS ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) AS WELL AS ANY GUARANTEES OR CONDITIONS RELATED TO THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, VASECTOMY INSTITUTE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. VASECTOMY INSTITUTE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY ELECTRONIC COMMUNICATION FROM VASECTOMY INSTITUTE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS. IN ADDITION, VASECTOMY INSTITUTE EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH HEALTH CARE PROVIDERS OR OTHER THIRD PARTIES AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. FURTHER, VASECTOMY INSTITUTE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT AVAILABLE ON THE SITE WILL ASSIST YOU IN FINDING A SUITABLE HEALTH CARE PROVIDER OR FOR ANY OTHER PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WHILE VASECTOMY INSTITUTE TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE VASECTOMY INSTITUTE SITE, VASECTOMY INSTITUTE DOES NOT GUARANTEE THAT THE VASECTOMY INSTITUTE SITE CANNOT BE COMPROMISED.

  1. LIABILITY LIMITATION

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL VASECTOMY INSTITUTE OR THE VASECTOMY INSTITUTE PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED, TO LOSS PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EVEN IF VASECTOMY INSTITUTE OR ANY OF THE VASECTOMY INSTITUTE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL VASECTOMY INSTITUTE BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY  IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT HEALTH CARE PROVIDERS.  VASECTOMY INSTITUTE SHALL NOT BE LIABLE FOR ANY DAMAGES, DELAYS, OR NON-PERFORMANCE CAUSED BY FACTORS OR ACTIVITIES BEYOND ITS REASONABLE CONTROL, INCLUDING DELAYS AND NONPERFORMANCE CAUSED BY VIRUSES, DENIAL OF SERVICE ATTACKS, OTHER ACTS OR OMISSION OF THIRD PARTIES, INTERNET SERVICE PROVIDER FAILURES, STRIKES, LOCKOUTS, WORK SLOWDOWNS OR STOPPAGES, ACCIDENTS, FIRES, TERRORISM, ACTS OF GOD, GOVERNMENT RESTRICTIONS, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURES, WAR OR INSURRECTION.

  • VASECTOMY INSTITUTE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES. NOTHING IN THESE WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).

NOTWITHSTANDING ANYTHING IN THESE TERMS, THE AGGREGATE LIABILITY OF THE VASECTOMY INSTITUTE PARTIES TO YOU IN CONNECTION WITH THE SITE (INCLUDING ANY THIRD PARTY CONTENT ON THE SITE) AND THESE TERMS WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO VASECTOMY INSTITUTE FOR USE OF THE SITE IN THE SIX (6) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, EVEN IF VASECTOMY INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES.

You hereby release vasectomy institute and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

You also release vasectomy institute from any financial burden if the provider refuses to perform any procedures agreed to by you and the vasectomy provider or affliates.  You also agree to release the vasectomy provider from any financial obligation if he or she refuses to perform your vasectomy due to his/her medical judgement.

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

  1. Jurisdiction

Vasectomy Institute controls and operates the Site from its offices in Bala Cynwyd, Pennsylvania.

  1. Indemnification

You agree to indemnify and hold harmless Vasectomy Institute and the Vasectomy Institute Parties from and against any loss, liability, claim demands, surgical complication, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with: (a) your Submissions or submit to or through the Site; (b) your use of the Site; (c) your conduct in connection with the Site; (d) any violation of these Terms, any other Vasectomy Institute policy or of any law or the rights of any third party.

  1. Claim Must Be Filed Within One Year; Arbitration; No Class Actions

Any dispute, claim or controversy arising out of or relating to these Terms, Vasectomy Institute or the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by final and binding arbitration or in small claims court.

If you elect to seek arbitration or file an action in small claims court, you must first send a written Notice of your claim (“Notice”) to us at the address below. Your Notice must describe the nature and basis of your claim and set forth the specific relief you are seeking. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Vasectomy Institute may commence an arbitration proceeding or file a claim in small claims court.

Any such Notice must be submitted to us within one (1) year after the claim at issue arose; otherwise, to the maximum extent permitted by law, the claim is permanently barred.

Small claims actions may be filed in the county in which you live. Arbitration hearings shall be held in Montgomery County, Pennsylvania before one arbitrator, but you may choose to have the arbitration conducted by telephone or via written submissions. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Judgment on the Award may be entered in any court having jurisdiction. Each party shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.

Only individual claims may be brought. Class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceedings where parties act in a consolidated or representative capacity are not allowed. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. 

You also agree that Vasectomy Institute may bring suit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Site, or any infringement or other misuse of intellectual property rights.

  1. Your Notices to Us

You may contact us by e-mail or postal mail. Your notices to us must be addressed as stated officemanager@pcfsm.com or contact us area for the Site or by postal mail at the following address:

Vasectomy Institute, Inc.
2 Bala Plaza, PL-08
Bala Cynywyd, PA 19004

  1. Our Notices to You; Consent Regarding Electronic Information

This contract is in electronic form. There may be other information regarding the Site that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may terminate your ability to use the Site. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for the Site, (2) by telephone number which you provided to us when you signed filled out your information , or (3 physical mailing address. . Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. If you do not consent to receive any notices electronically, you must stop using the Site immediately.

  1. Miscellaneous

These Terms constitute the entire agreement between you and Vasectomy Institute regarding the use of the Site, and supersedes any prior agreements between you and Vasectomy Institute relating to your use of the Site. The failure of Vasectomy Institute to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210. Sections 5, 12-20 shall survive the termination of these Terms.

Last updated: July 1, 2020