Terms of Service

Agreement to terms

These Terms of Service ("Terms") govern your access to and use of FertilityMetrics.com ("Site") and any personalized reports or other products offered by FertilityMetrics LLC ("FertilityMetrics," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

We may update these Terms at any time. Continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.

Nature of the service

FertilityMetrics is an information and data presentation service. We collect, process, and display publicly available data from the CDC's National ART Surveillance System (NASS) to help individuals research IVF fertility clinics in the United States.

FertilityMetrics is not a medical provider, medical advisor, or healthcare service. Nothing on this Site constitutes medical advice, diagnosis, or treatment. All information is provided for general informational and research purposes only.

The data presented on this Site is derived from publicly available federal datasets. While we make reasonable efforts to ensure accuracy, we do not guarantee that the information is complete, current, or error-free. Always verify information directly with the clinic and consult a licensed reproductive endocrinologist before making any medical decisions.

Personalized clinic reports

FertilityMetrics offers personalized clinic reports ("Reports") for purchase. By purchasing a Report, you agree to the following:

• Delivery: Reports are delivered via email within 48 hours of purchase. Delivery times may vary. We are not liable for delays caused by incorrect email addresses provided at checkout.
• Personal use only: Reports are licensed for your personal, non-commercial use only. You may not reproduce, distribute, resell, or publicly display Report content without our written permission.
• No guarantee of outcomes: Reports present data and analysis to inform your research. They do not guarantee any particular IVF outcome, clinic performance, or medical result.
• Accuracy: Reports are generated from the same parsed CDC dataset that powers our Site. They are subject to the same accuracy limitations described in these Terms and our Accuracy Disclaimer.
• Refund policy: Due to the digital nature of Reports, all sales are final. If you believe your Report contains a significant data error, contact us at support@fertilitymetrics.com within 7 days of purchase and we will review and, if warranted, issue a corrected Report or full refund at our discretion.

Data accuracy and limitations

All clinic success rate data is sourced from the CDC's National ART Surveillance System. FertilityMetrics makes no representations or warranties regarding:

• The accuracy, completeness, or timeliness of any data presented on the Site
• Errors that may have occurred during data parsing, processing, or transformation
• Changes to clinic information, success rates, services, or contact details since data collection
• The suitability of any clinic for your specific medical situation

Success rates are influenced by many factors including patient age, diagnosis, clinic protocols, and patient selection practices. Higher reported rates do not necessarily indicate superior clinical skill. Lower rates do not necessarily indicate inferior care. Always consult a reproductive endocrinologist for guidance specific to your situation.

Not medical advice

The information on this Site, including clinic profiles, success rates, quality indicators, red flag analyses, cost estimates, and report content, is provided for general informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Never disregard professional medical advice or delay seeking it because of something you have read on FertilityMetrics.com. If you have questions about a medical condition or treatment, always seek the advice of your physician or other qualified healthcare provider.

Intellectual property

The Site and its original content, features, design, and functionality are owned by FertilityMetrics LLC and are protected by copyright, trademark, and other intellectual property laws. The underlying CDC data is publicly available and not owned by FertilityMetrics.

You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or exploit any portion of the Site or its content without our express written permission, except as permitted by applicable law.

Prohibited uses

You agree not to use the Site to:

• Scrape, harvest, or systematically collect data from the Site using automated tools
• Reproduce or resell Site content or Reports for commercial purposes
• Interfere with or disrupt the Site or servers connected to it
• Attempt to gain unauthorized access to any part of the Site
• Use the Site for any unlawful purpose or in violation of these Terms
• Impersonate FertilityMetrics or misrepresent your affiliation with us

Third-party links and services

The Site may contain links to third-party websites including clinic websites, the CDC, and partner services. These links are provided for convenience only. FertilityMetrics does not endorse, control, or assume responsibility for the content, privacy practices, or accuracy of any third-party site. Your use of third-party sites is at your own risk and subject to their terms and policies.

Payment and billing

Payments for Reports are processed by Stripe. By making a purchase, you agree to Stripe's terms of service. FertilityMetrics does not store your payment card information. All prices are in US dollars. We reserve the right to change pricing at any time, but changes will not affect purchases already completed.

Disclaimer of warranties

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FERTILITYMETRICS DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any information on the Site.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FERTILITYMETRICS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PURCHASE OF A REPORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO FERTILITYMETRICS IN THE 12 MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless FertilityMetrics LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with your use of the Site, violation of these Terms, or violation of any rights of another party.

Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Site shall be resolved through binding arbitration in Travis County, Texas, except that either party may seek injunctive relief in a court of competent jurisdiction for matters involving intellectual property or unauthorized access.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Contact us

If you have questions about these Terms, please contact us at: