By checking the “I agree” box on this Intended Parent Consent Agreement (“Agreement”), I agree that any and all rights, title and interest in and to any and all information and photographs I view, access, obtain, or download from this website (“EC Materials”) are the sole and exclusive property of Extraordinary Conceptions, LLC (“EC”) and/or its licensors. I further hereby agree that I will not a) disclose the EC Materials to any third party without EC’s prior written consent; b) duplicate or distribute any of the EC Materials without EC’s prior written consent; c) directly or indirectly contact any of the egg donors, surrogates and other individuals profiled in the EC Materials without EC’s prior written consent; and d) use the EC Materials for any purpose whatsoever other than to evaluate whether to engage EC to provide surrogacy/donor-related services. I further agree to immediately notify EC if I become aware of any fact or circumstance which may have resulted in the unauthorized disclosure, duplication, distribution, or use of the EC Materials and that I shall use my best efforts to prevent any such unauthorized disclosure, duplication, distribution, or use.

I understand that to gain access to the EC Materials, I will need to provide certain personal information to EC, such as my name, email address, and IP address (“Contact Information”), all of which I hereby represent and warrant as being current and accurate. I understand and do hereby expressly agree that my Contact Information may be saved and used by EC as follows: a) to communicate with me about EC’s services, program offerings, news, and related surrogacy and donor information; b) to market EC’s services and the services of such third parties that EC reasonably determines are consistent with my interest in surrogacy and donor services and programs; c) to confirm my identity; and d) to ensure my strict compliance with the terms of this Agreement.

I hereby expressly represent and warrant that I am seeking to access the EC Materials solely for the purpose of viewing the profiles of prospective egg donors or surrogate mothers. I understand that EC is relying upon my said representation and warranty, as well as the other terms and conditions herein, in agreeing to grant me access to the EC Materials.

I hereby acknowledge that EC recommends that I seek medical, legal, psychological, and other relevant professional advice for guidance regarding the appropriateness of assisted reproduction, the application of law to my particular situation, and any and all related concerns. Furthermore, I acknowledge that I have reviewed Extraordinary Conceptions’ statement of privacy practices accessible at https://www.extraconceptions.com/privacy-policy/ and agree to be bound by the terms thereof, as reasonably amended by EC from time-to-time.

I understand that nothing herein obligates EC to provide any services to me whatsoever and that EC may, in its sole and absolute discretion, terminate my access to EC Materials at any time—it being agreed that any such termination shall not terminate my obligations (or EC’s rights) under the terms of this Agreement.

I understand he Agency is committed to complying with all applicable federal and state anti-discrimination laws. The Agency does not deny services on the basis of race, color, sex, age, veteran status, disability, sexual orientation, gender identity, religion, national origin, or citizenship status, to the extent such protections are required by law or ASRM and IVF clinic requirements. At the same time, the Applicant understands and agrees that the Agency reserves the right to decline or terminate services for any lawful, non-discriminatory reason. Such reasons may include, but are not limited to: conduct that is disruptive, inappropriate, or disrespectful; inability to meet communication requirements necessary to support the surrogacy or egg donation process; or limitations in the Agency’s capacity to accept new clients.

I hereby consent to receive communications via text message and/or email from the Company for the purposes of assisting with the admissions process, cycle matching, cycle coordination, and promotional offers. These communications may include important updates, reminders, and marketing messages related to egg donation, surrogacy, or related services. I understand that message and data rates may apply depending on my mobile carrier and service plan. I acknowledge that I may opt out of promotional communications at any time by following the instructions provided in such communications.

I hereby waive all rights and release the Company and its directors, agents, officers, managers, members, volunteers, and employees (collectively, the “Affiliates”) from, and shall neither sue nor bring any proceeding against the Company or its Affiliates for any claim, damage, expense (including attorneys’ fees), or cause of action, whether now known or unknown, of any kind or nature, that is caused, or alleged to be caused, in whole or in part, by the negligence, fault, omission, failure to act, or breach or alleged breach of this Agreement by the Company or its Affiliates or that otherwise arises out of or in connection with the services provided by Company to me. I understand that this release shall apply to all unknown or unanticipated claims, damages and causes of action, as well as those known and anticipated, and does hereby waive any and all rights under Section 1542 of the California Civil Code, which reads as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

I shall defend, indemnify, and hold harmless Company and its directors, agents, officers, managers, members, volunteers, and employees (each, a "Company Indemnitee") from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of, related to, or resulting from my breach of any term or conditions of this Agreement. The Company Indemnitees shall promptly notify me in writing of any claim and reasonably cooperate with me at my sole cost and expense. I shall immediately take control of the defense and investigation of such claim and shall employ counsel of its choice to handle and defend the same, at my sole cost and expense. I shall not settle any claim in a manner that adversely affects the rights of the Company Indemnitees without the Company Indemnitees’ prior written consent. The Company Indemnitees’ failure to perform any obligations under this section shall not relieve me of my obligations under this section except to the extent that I can demonstrate that I have been materially prejudiced as a result of such failure. The Company Indemnitees may participate in and observe the proceedings at its own cost and expense.

Regardless of where I reside or am currently located, I hereby agree that validity, interpretation and enforceability of this Agreement shall be governed by the laws of the State of California, and any of the federal and/or state courts of California, County of San Diego, shall have exclusive jurisdiction over any dispute related to this Agreement.

If a dispute arises out of or relates to this contract, or the alleged breach thereof, and if the dispute is not settled through negotiation, I agree first to try in good faith to settle the dispute by mediation in San Diego, California within 30 days administered under by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. In the event that the Company and I are unable to agree on a mediator, a mediator shall be appointed by the named administrator. Should I fail to participate in mediation, then I give up my right to an award of attorneys’ fees and costs should this matter proceed to arbitration. All mediation-related expenses shall be split between myself and the Company.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, that is not resolved through mediation shall be settled by arbitration in San Diego, California administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. All parties to mediation and arbitration shall bear their own legal fees and costs.

This Agreement may be amended only by an amendment to this Agreement duly executed by both EC and me. In the event any suit or other action is commenced to construe or enforce any provision of this Agreement, the prevailing party, in addition to all other amounts such party shall be entitled to receive from the other party, shall be paid by the losing party all reasonable attorney's fees and court costs.