The following terms and conditions (“ Terms ”) shall govern your use of SurrogacyPlace.com (as applicable, “ Surrogacy Place ”, “we”, “us”, or “ Site ”). Surrogacy Place is a platform for users to connect and communicate around their needs pertaining to surrogacy services (“ Service ”). Because of the nature of our Service, we collect personal information which is governed by our Privacy Policy .

Please read the Terms carefully. By using Surrogacy Place, including registering a profile, you agree you have read and accepted the Terms. You also agree that you have read and understood our Privacy Policy  which is incorporated into these Terms.

We may modify the Terms at any time. When material changes are made, we will notify registered users via email and make the revised version available on the Site. The date of last revision will be clearly marked at the top of the Terms. Any modifications will be effective as of the date the new Terms are posted. You agree that your continued use of the Site indicates your acceptance of the Terms, including any revisions. As such, you should revisit the Terms as current versions will govern your use of this Site.

We make no promises with respect to individual results and experiences from use of the Site. We are not liable to you for any damages you incur in connection with your access or use of the Site.

You use the Site and any solicited services at your own risk.

Using the Site

Surrogacy Place grants you the permission to use the Site subject to the restrictions in these Terms. We reserve the right to terminate access and use of the Site for any breach of these Terms.

We will not and do not knowingly permit individuals who do not meet our Terms to use the Site.You are solely responsible for your own interactions with other Site users.

-All users of the Site must be at least 21 years of age. You warrant that you are at least 21 and that you will not allow any minors to access the Site, including safeguarding your account/passwords and using parental controls designed to limit underage access to the Site. You also agree that if you discover a Minor has accessed your account, that you will notify us immediately.  

-You are responsible for compliance of all local laws that apply, including those that govern surrogacy and alternative reproduction. Use of the Site for criminal activities is strictly prohibited. You may not use the Site if you have been convicted of a felony or have charges pending against you.

-You need to be a registered user to access most of the Site. We reserve the right to reject or require changes to any user-provided content we deem inappropriate when registering.

-Please keep your password confidential. You are responsible for any unauthorized use of your account. You agree that you will notify us immediately if you know of or suspect  any unauthorized uses of your account, including in the event that your profile name and password has been shared or any other known unauthorized use of your account.

-We may close your account at any time at our sole discretion for any reason we deem appropriate.

-We may reveal your identity, including all Personal Information, in the event of a complaint or legal action, or to protect your safety and security or that of other users.

-The Site offers two types of user registrations: Persons looking for surrogates (“ Intended Parents ”) and women wishing to offer surrogacy services (“ Surrogates ”).

- To fully access the Site, Intended Parents and Surrogates must verify their personal identity with an improved government ID. Please see our Privacy Policy  for info on how we collect and store data using our third-party verification service, Stripe.  

-Intended Parents must purchase Site access (the “ Site Usage Fee ”) to utilize the primary features of Surrogacy Place on a 3 MONTH (90-day) or 6 MONTH (180-day) subscription basis (“ Subscription ” or “ Commitment Period ”)

PLEASE NOTE: SUBSCRIPTIONS WILL BE AUTOMATICALLY RENEWED UNLESS CANCELED.

INITIAL SUBSCRIPTIONS AND ANY RENEWED SUBSCRIPTIONS WILL BE BILLED AT SURROGACY PLACE’S THEN-CURRENT SITE USAGE FEE FOR THAT SPECIFIC COMMITMENT PERIOD UNLESS THE SUBSCRIPTION IS CANCELED 3 DAYS PRIOR TO THE END OF THE SUBSCRIPTION. TO AVOID NEW CHARGES, YOU MUST CANCEL YOUR SUBSCRIPTION 3 DAYS BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD.  

If you do not wish for your Subscription to automatically renew, go to the “My Account” page, then “Subscriptions” then “cancel my subscription” at least 3 days prior to the end of your Commitment Period. You can also contact us at help@surrogacyplace.com  for assistance in terminating your Subscription.

When canceling your Subscription, you may access the Site until the end of the Commitment Period and your Subscription will not be renewed after the current Commitment Period expires. You will not receive a prorated refund of any portion of the Site Usage Fee paid for the Subscription for any time remaining after cancellation.

•Upon payment of the Site Usage Fee and submitting a completed and ID-verified profile, Intended Parents are granted access to fully view profiles and send messages to users that have registered as Surrogates. Payment of the Site Usage Fee may be paid via debit/credit card, mobile payment application, or any other method we and our third-party payment transactions partner, Stripe, accepts as payment. Intended Parents are responsible for paying all applicable taxes and fees in connection with the purchase.

•Women wishing to register as Surrogates may use the Site without paying the Site Usage Fee, however, they must fully complete a profile before they can fully view and send messages to Intended Parents profiles.

Users are required to set up their own government-ID verified profile in order to access the full user-profile viewing capabilities of the Site.

Surrogacy Place reserves the right to modify the Site Usage Fee at any time. Current users that have previously paid the prior Site Usage Fee will maintain access to the Site for the full duration of their prepaid Subscription period. Renewals, automatic billing, and new sign ups will always be billed at the latest Site Usage Fee price.

Please note: Because surrogacy laws vary widely, it’s important to consult a surrogacy law professional to understand local requirements. You are solely responsible, with guidance from a qualified alternative reproduction legal professional, for following all laws regarding the practice of surrogacy. The information provided on this Site does not, and is not intended to, constitute legal advice; instead, all information, content and materials available on the Site are for general informational purposes only. Due diligence is your direct responsibility.

 

User Conduct

Your use of the Site is contingent on you acting in a legal, responsible, and respectful manner. You agree that you will not:

-misrepresent yourself on the Site. Your profile may only include truthful information, including any Personal Information you provide. Your Personal Information may not represent someone else or otherwise violate the rights of any individuals or entities, including trademark and proprietary law. See our privacy policy   for more details on how Personal Information is used on the Site. You may not  misrepresent or impersonate any other person on the site.

To access the full functionality of the Site, Surrogacy Place requires users to verify their identities via a government-issued ID such as a US driver’s license or passport. All profile verified names and ages must match their verified government ID and will be displayed accordingly.

-infringe on third-party rights including, without limitation, privacy and intellectual property rights. You may not post photographs of others without their consent.

-use information, including Personal Information, available on the Site for any unauthorized or unlawful purpose. This includes contact information and credit/debit card, mobile payment, and bank account numbers.

-attack or otherwise interfere with the Site, including, without limitation, cyber attacks, hacking attempts, viruses, harmful code, denial of service attacks, IP spoofing, password mining, or use of the Site in any way that circumvents or harms the structure and content and/or the security-related features of the Site.

-compile, index, or retrieve Site data through bots or any similar technological means.

-use any software or device that interferes with the functionality of the Site.

-contact users outside of the Site profile matching messaging system without their expressed prior consent.

-harass other users of the Site. If a user tells you he/she wants no further communication with you, you must respect their wishes and cease all communications with that individual.

-use the Site for any illegal purposes. Each user is responsible for abiding by local laws and the legal framework surrounding surrogacy in their own jurisdictions.

-use the Site for personal commercial purposes, including marketing services or products outside of the specific surrogacy-related services promoted by the Site.

-use this Site to solicit or attempt to solicit Surrogates and/or Intended Parents to join or use the services of a Surrogacy Agency. Using this Site to identify potential Surrogates and/or Intended Parents on behalf of a Surrogacy Agency can result in that user’s account being terminated.  

-post or upload misleading or illegal content to the Site.

-collect, distribute or publish information about other users without their consent.

-remove, circumvent, disable, or otherwise interfere with the security-related features of the Site, including features that restrict copying of content or user access.

-post URLs directing users to content off of the Site in your profile.

 

User Content

By providing and submitting content to the Site, including all Personal Information, you represent and warrant that you are the exclusive author of your content and that use of that content will not infringe on any third-party rights. As permitted by applicable law, you waive any and all moral and similar rights with respect to the content you provide the Site. When you submit content to the Site, you simultaneously grant an unlimited worldwide non-exclusive royalty-free perpetual right to use, display, reproduce, broadcast, publish, translate, sub-license, share, and modify such content or incorporate into other works, including the right to make derivative works based on the information or images provided.  You represent and warrant to us that you have the absolute right to grant the rights as set forth above.

-You are solely responsible for the content you submit to the Site. You agree you will not submit, post, or transmit any content that:

•denigrates any groups, including ethnic, racial, sexual, or religious. You may not promote racism, sexism, bigotry or hatred against any group.

•threatens physical harm of any kind against any group or individual.

•contains vulgar, offensive, or explicit language or images, including pornographic or violent content. This applies to any part of your user-generated profile.

•includes any images or Personal Information concerning minors under the age of 18.

                 •promotes illegal drug use.

•involves spam, chain letters, “please share” content, surveys, and any type of mass messaging junk or bulk mail.

•infringes on another person or entity’s rights, including, without limitation, intellectual property rights or violates their privacy.

•facilitates or directly constitutes an illegal act.

•Solicit content, including passwords, from other users for unlawful purposes.

We cannot and have no obligation to review any content you or any other user provides, however, we reserve the right, but are not obligated, to monitor, delete, block, or edit all user-provided content including, without limitation, profiles, photographs/images, and messages. If we, at our sole discretion, deem any content to be in violation of the Terms, we may edit or delete that content from the Site.

If you would like to modify or delete your profile and/or non-government ID-verified content you have provided to us, you may do so by going to “Manage Profile” or “Account Settings”.  You are compelled to do so in a promptly manner when any content you provide us changes or becomes inaccurate.

We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information and all user-provided content on the Site.

You are solely responsible for interactions with other users of the Site.

Site Functionality and Access

-Surrogacy Place does not warrant that the Site will be compatible with all devices, including any devices you personally use to access the Internet. Some features may be limited depending on what device you use, including mobile devices.  Surrogacy Place does not warrant that the Site will be compatible with your mobile device. Should you use a mobile device to access the Site, standard career data charges may apply.

-The name associated with your profile and password are not transferable and may not be assigned. It is your responsibility to keep the details of your account and password confidential,   though you may change your password at any time by going to “Account Settings.” When using our third-party ID verification service, the verified name associated with your profile must match your legal name as provided by an approved and verified government ID.

- Surrogacy Place does not allow multiple accounts associated with the same verified government ID. If you wish to create a new account using a previously verified ID, you must first delete your existing verified account.  

-We reserve the right at any time to temporarily or permanently discontinue any portion of the Site, including, without limitation, for maintenance and modification purposes. You acknowledge and agree that we are not liable to you for any modification or discontinuation of any portion of the Site.

-For security purposes and to protect the Site, we reserve the right at our discretion to block users from specific IP addresses from accessing the Site where required by law or to avoid a breach of these Terms.

Non-Usage/Hidden Profiles/Cancellation of Inactive Accounts

- Intended Parents:  If you have not logged into your account within the prior six (6) month period, Surrogacy Place reserves the right to hide your profile (where it will not be visible to other users). If you are not under a current Commitment Period or have not paid a current Site Usage Fee, Surrogacy Place reserves the right to remove your profile and/or delete your account. Intended Parents with hidden profiles will not be eligible for a refund of current and past Subscription charges.

- Surrogates:  If you have not logged into your account within the prior six (6) month period, Surrogacy Place reserves the right to hide your profile or cancel your account.

Surrogacy Place also reserves the right to hide inappropriate profiles or any profiles that we suspect violate our Terms. If you suspect your profile has been hidden in error, please contact us at help@surrogacyplace.com .

If your profile has been made hidden from inactivity, you can make your profile public again by going to the "My Details" menu and selecting the "hide my profile" check box. You can also contact us at help@surrogacyplace.com .

Refund Policy

Unless otherwise required by law, you agree that the Site Usage Fee and automatic Subscription renewals are non-refundable except where we have materially breached these Terms. Please note: the Site Usage Fee is not transferable between accounts.

Third Parties

The Site may include links to other websites and/or applications. Unless otherwise noted, we do not control or endorse any information, products, or services from any third-party website or application. Use of a third-party website or application is done at your own risk. Third-party content may be subject to privacy and security policies that differ from our own Privacy Policy and security practices. Content found on third-party websites or applications may contain errors or omissions.

In addition, it is your sole responsibility to assume all risks associated with the display or use of third-party content found on the profiles of other users found within the Site.

By using this Site, you agree that you may be exposed to content that is false, offensive, inaccurate, or incomplete and that the Site is not liable for any losses, liabilities, or damages arising out of or incurred as a result of the use of any third-party and user-generated content including, without limitation, content found in the profiles of other users of the Site.

 

Disclaimers of Warranties and Limitations of Liability

Surrogacy Place is not responsible for any loss or damage that may arise from your use of the Site.

The Site is available to you on an “as is” and “as available” basis. Your use of the Site is at your own discretion and you assume all risks. Surrogacy Place makes no claims or promises about the accuracy of the content shown, the reliability of the site, or that the services obtained by you through or in connection with our Site will meet your expectations or produce desired  outcomes. We are not responsible for any incorrect, misleading, or inaccurate content posted on our Site.

The Site cannot guarantee any information you provide to the Site will not be disclosed to third parties, nor can we guarantee third parties will not use your information in an unauthorized manner.

Surrogacy Place expressly disclaims all warranties, express or implied, including, but not limited to, any implied warranties of fitness for a particular purpose, merchantability, data accuracy, and non-infringement. You assume the total responsibility for your use of the Site. Surrogacy Place are neither responsible nor liable for any direct, indirect, incidental, consequential, punitive, or other damages arising out of or related to the use of the Site or any third-party site or application.

Surrogacy Place does not warrant that the Site will be uninterrupted, secure, or free of errors or that the servers that make the Site available will be free of harmful components, including viruses, worms, and trojan horses. We are not responsible for any problems or the technical malfunctions of computer equipment and systems, networks, providers, and servers that result from using and downloading content from the Site.

Surrogacy Place is not responsible for the online or offline conduct of any users of our Site. We are not responsible for any damage or harm resulting from your interactions with other users of the Site. You acknowledge and agree that we do not pre-approve any of our users nor do we inquire into background or conduct criminal or any other types of background checks. We do not attempt to verify the statements made by users of the Site. We make no representations or warranties as to the conduct of Site users or their compatibility with other users.

It is solely your responsibility to investigate the criminal and medical backgrounds and financial status and any other personal details or aspects that might affect whether or not you interact or want to utilize the services of another user on the Site.

In no event shall we be liable, to the extent permitted by applicable law, for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to your conduct of the conduct of any other user, including without limitation bodily injury, emotional distress, and/or any other damages resulting from communication, meeting, or utilizing the services offered by persons you meet through the Site. Additionally, we cannot and do not guarantee any specific results from the use of the services promoted and offered by Site users.

We are not responsible for, and cannot control, the use by others of any information you provide either for display on your user profile on the Site or privately to other users of the Site.

To the fullest extent permitted by applicable law, you agree that we will not be held liable for any damages whatsoever, including, without limitation, direct, indirect, general, special, compensatory, consequential or exemplary damages relating to the use or inability to use our Site, the cost of replacement for goods and services obtained as a result of using our Site, unauthorized access to your user-provided content, or actions or inactions of other users of the Site.

We will not be liable for interruptions in access to the Site resulting from natural disasters, pandemics, governmental acts or regulations, terrorism, strikes, power outtages, or hardware or software failures.

Your sole and exclusive right in the case of dissatisfaction with the Site and its related services shall be the termination of discontinued use of the Site.

Indemnification

You agree to indemnify, defend, and hold harmless Surrogacy Place and its officers, directors, employees, agents, and licensors from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorney’s fees, resulting from your use of the Site, your violation of the Terms, your use of any services purchased or obtained by you in connection with the Site or any infringement by you of any intellectual property or other right of any person or entity.

Void Where Prohibited

Although this Site is accessible from any worldwide location, not all services offered are available to all people or in all locations. Surrogacy Place reserves the right to limit the availability of any part of the Site or any service based on geographic area. Any offer for any service made on this Site is void where prohibited.

When you use the Site, you represent and warrant that:

You are not located in a country or territory that is currently subject to a United States embargo or has been designed by the United States as a "terrorist supporting" country.

When you access this Site, you agree and acknowledge that Surrogacy Place utilizes global servers located in a variety of countries including within the United States. If you are accessing the Site from a country with data protection laws, the storage of your Personal Information may not provide you with the same protections as you enjoy in your country of residence. By submitting Personal Information, you agree to the transfer of your Personal Information to, and storage and processing of your Personal Information in, any such countries and destinations.

 

Email Communications

We may send you emails concerning updates to the Site and your user account, as well as services offered by other sites and third parties. We may also send you any notices, agreements, or other communications to satisfy any legal requirements, including, without limitation, updates to these Terms and our Privacy Policy.

While you may opt out of general notifications by clicking “unsubscribe” from the link found in each email we send, you cannot opt out of non-promotional communications pertaining to your account.

Termination of Your Account

You agree that we may terminate your access to our Site if you breach these Terms or where required by law. You understand and agree that we are not required or may be prohibited from disclosing to you the reason for termination of access to the Site. We may also deactivate or delete any content from your account in addition to limiting or preventing access to your user-submitted content or files.

Unless otherwise required by law, you will not be entitled to a refund of the Site Usage Fee upon termination of your access to the Site.

Entire Agreement

These Terms along with our Privacy Policy   contain the entire understanding of parties regarding their subject matter, and supersede all prior agreements and understandings. These Terms shall be binding on the parties, their successors and assigns. No failure or delay by a party in exercising any right, power, or privilege under these Terms shall constitute a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

 

Designated Agent Under the Digital Millennium Copyright Act (DMCA)

The DMCA provides a mechanism for notifying service providers with claims concerning the unauthorized use of copyrighted materials. If you suspect copyright infringement, you may, in good faith, send notice to our agent at: Surrogacy Place LLC: 90 State Street #700; Office 40; Albany, NY 12207 attn: DMCA Claims or via help@surrogacyplace.com or +1 (212) 300-7438.

Notice for New York Residents

Surrogacy Place LLC is not a surrogacy agency or surrogacy "matching program" as defined by the NY Child-Parent Security Act.

The duties we do not perform include Background Investigation Reports and medical screenings. We do not identify or match Intended Parents or Surrogates or do due diligence with regard to suitability. We in no way warrant that anyone you meet on the Site meets some or all of the qualifications to be a surrogate or are appropriate Intended Parent(s). For this reason, New York residents are excluded from registering as a Surrogate on this Site at this time.

New York-based Intended Parents should consult qualified and registered Assisted Reproductive attorneys for advice on how to proceed with surrogacy via the standards set forth in the Child-Parent Security Act.  

Notice for California Residents

California Civil Code § 1789.3 requires that we provide the following consumer rights notice to residents of California:

California residents that use the Site are entitled to the following consumer rights notice: The Site is owned and managed by Surrogacy Place LLC.   If you have a question or want to register a complaint regarding the Site, you may contact us at: help@surrogacyplace.com. You may also send mail to: Surrogacy Place LLC: 90 State Street #700; Office 40; Albany, NY 12207 or call +1 (212) 300-7438.

Contacting Us

Anyone who has questions or concerns about our Terms or the Privacy Policy may contact us at help@surrogacyplace.com .

Disputes and Arbitration

The Parties agree that  any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.   You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.  Further, unless the Parties otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

Arbitration Rules and Governing Law.  The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.  (The AAA Rules are available at   www.adr.org/arb_med  or by calling the AAA at 1-800-778-7879.)  The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Location and Procedure .   You may choose to have the arbitration conducted by telephone or video conference, based on written submissions, or in person at a mutually agreed location. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision .  The arbitrator will render an award within the time frame specified in the AAA Rules.  The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.  Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SURROGACY PLACE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS SURROGACY PLACE  WAS PAID IN CONNECTION WITH USE OF THE SITE, IF YOU ARE REGISTERED FOR PAID ACCOUNT, OR ONE HUNDRED DOLLARS ($100), IF YOU ARE REGISTERED FOR A FREE ACCOUNT, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLIENT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Southern District of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Site Material Content

All material found on the Site, including, but not limited to, text, images, data, logos, icons, links, software and source code   is owned or licensed to Surrogacy Place and is protected by copyright, trademark, and other intellectual property rights. Content on the site may not be reproduced, copies, or distributed in any way, including via email, without the express prior written consent from Surrogacy Place in each instance.

 

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Surrogacy Place's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Surrogacy Place may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.