Updated last: November 1st 2021

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Moonstone Fertility ("Moonstone Fertility") maintains the Moonstone Fertility website as a service to the Internet community. The Moonstone Fertility website (the "Website") has been designed to provide general information about the Corporation products and services and the services of its affiliated companies.

Review these and Terms of Use carefully before using the Website. By using and or visiting the Website, you signify your assent to both these Terms and the Moonstone Fertility Privacy Policy. If you do not agree to these terms, do not use this website.

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SCOPE OF TERMS

These Terms of Use are applicable to the Website. The Terms of Use also apply to all resources and materials provided through the Website whether hosted by Moonstone Fertility or a third party.

Moonstone Fertility, and its affiliated companies may provide specific Terms of Service, Privacy Policies, and Notices for other software, applications, and services. When you use the Moonstone Fertility mobile application, services, or medical services, use of such software and services is governed by the specific Terms of Service for those services.

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USE TERMS

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You are prohibited from violating or attempting to violate the security or availability of this Website.

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In using this Website, you agree not to:

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• circumvent or attempt to circumvent any security measures of the Website;

• attempt to obtain personal information, or collect information about users of the Website;

• reverse engineer or otherwise attempting to discover the source code of any portion of the Website;

• interfere with the operation of the Website or any user's enjoyment of the Website, including by: (i) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; or (ii) interfering with or disrupting any network, equipment, or server;

• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

• post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

• manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology; or

• violate any applicable laws or regulations or these Terms of Use.
   

PRIVACY AND PERSONAL INFORMATION

Moonstone Fertility's Website Privacy Policy (the "Privacy Policy"), as it may change from time to time, is a part of these Terms of Use and is incorporated herein by this reference. Moonstone Fertility reserves the right to use and disclose your information in the manner consistent with the Privacy Statement.

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NO MEDICAL ADVICE

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YOU AGREE THAT:

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• IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT OR EMERGENCY CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER OR CALL EMERGENCY SERVICES IMMEDIATELY;

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• MOONSTONE FERTILITY DOES NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS AND IS NOT A HEALTHCARE PROVIDER;

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• MOONSTONE FERTILITY IS NOT YOUR HEALTHCARE PROVIDER, IS NOT AND DOES NOT PROVIDE EMERGENCY SERVICES, AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT;

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• DATA PROVIDED BY [MOONSTONE FERTILITY] THROUGH THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER;

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• MOONSTONE FERTILITY IS NOT A LICENSED MEDICAL CARE PROVIDER AND HAS NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION;

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• YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION;

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• NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE WEBSITE; AND

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• MOONSTONE FERTILITY IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR IS GENERATED BY THE WEBSITE.

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​DISCLAIMERS

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOONSTONE FERTILITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

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Moonstone Fertility makes no warranty as to the accuracy, completeness, currency or reliability of any content available through this Website. You are responsible for verifying any information before relying on it. Use of the Website and the content available on the Website is at your sole risk. Moonstone Fertility makes no representations or warranties that use of the Website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the Website is free of viruses.

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MOONSTONE FERTILITY SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON THE MOONSTONE FERTILITY WEBSITES. MOONSTONE FERTILITY EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITES, EVEN IF MOONSTONE FERTILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITES, THE INABILITY TO USE THE WEBSITES OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF THE WEBSITES.

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TERMINATION OF USE

If you violate any provision of these Terms of Use or otherwise access or use the Website in a manner deemed inappropriate by Moonstone Fertility, your permission from us to use the Website will terminate automatically. In addition, Moonstone Fertility may in its sole discretion terminate your access to the Website at any time, with or without notice. You may cease use of the Website at any time.

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MODIFICATION

We reserve the right to modify the Website at any time (including by limiting or discontinuing certain features of the Website) without notice to you. We will have no liability whatsoever on account of any change to the Website or any suspension or termination of your access to or use of the Website.

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LINKS TO OTHER MATERIALS OR SITES

To the extent Moonstone Fertility provides information from, or links or references to, websites operated by third parties, Moonstone Fertility does not monitor or investigate such websites and Moonstone Fertility is not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites does not imply approval or endorsement of the linked website by Moonstone Fertility. If you decide to access these third-party websites, you do so at your own risk. You agree that Moonstone Fertility has no liability for any damage or loss of any type that is a result of your use of a third party website.

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CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Website, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

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GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with laws of the Province of Saskatchewan and the federal laws of Canada applicable therein without regard to its conflicts of laws provision.

Any action or proceeding arising out of Moonstone Fertility Services or relating to this Website and under these Terms of Use will be instituted in the courts of the Province of Saskatchewan and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. 

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AMENDMENT

Moonstone Fertility may revise these Terms of Use from time to time by updating this posting. You should visit this page from time to time to review the current terms.

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CONTACT INFORMATION

You may contact us by emailing us at: contact@moonstonefertility.ca

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© 2021 by Joseph A. Gill, Partner at McKercher LLP Barristers and Solicitors. All Rights Reserved. DO NOT DUPLICATE THIS DOCUMENT (OR ANY PORTION THEREOF). THIS CONSTITUTES COPYRIGHT INFRINGEMENT.