Terms of Use

TERMS OF USE
Effective Date: June 30, 2026
Last Updated: June 30, 2026

IMPORTANT LEGAL NOTICE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY OF OUR SERVICES.

These Terms of Use contain important legal provisions, including:

  • Binding Arbitration Agreement requiring disputes to be resolved through arbitration
  • Class Action Waiver prohibiting participation in class action lawsuits
  • Jury Trial Waiver waiving your right to a jury trial
  • Limitation of Liability limiting our legal responsibility
  • Other provisions that directly affect your legal rights

BY ACCESSING OR USING THIS WEBSITE OR ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THIS WEBSITE OR ANY OF OUR SERVICES.

1. DEFINITIONS

Key Terms

For purposes of these Terms of Use, the following definitions apply:

“ABC Surrogacy,” “we,” “us,” or “our” refers to ABC Surrogacy and its affiliates, subsidiaries, officers, directors, employees, agents, and representatives.

“Website” means the website located at https://abcsurrogacy.com/ and all associated subdomains, mobile applications, and digital properties owned and operated by ABC Surrogacy.

“Services” means all services, features, content, applications, and functionality offered by ABC Surrogacy through the Website or through any other means, including but not limited to:

  • Surrogacy matching services
  • Case management and coordination
  • Educational resources and information
  • Consultation services
  • Online account access and tools
  • Communication platforms
  • Any other services provided by ABC Surrogacy

“User,” “you,” or “your” refers to any individual or entity that accesses or uses the Website or Services, including but not limited to:

  • Prospective surrogates (gestational carriers)
  • Intended parents
  • Website visitors
  • Account holders
  • Service recipients

“Content” means all text, graphics, images, videos, audio, data, software, and other materials available on or through the Website or Services.

“User Content” means any content, information, data, text, photographs, videos, audio, or other materials that you submit, upload, post, or transmit through the Website or Services.

“Terms of Use” or “Terms” refers to this Terms of Use agreement, including all amendments, modifications, and updates.

“Privacy Policy” refers to ABC Surrogacy’s Privacy Policy, which governs the collection, use, and disclosure of personal information.

“Agreement” means these Terms of Use together with the Privacy Policy and any other legal notices, policies, or agreements applicable to your use of the Website or Services.

2. ACCEPTANCE OF TERMS

Binding Agreement

By accessing, browsing, or using the Website or Services in any manner, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy. This Agreement constitutes a legally binding contract between you and ABC Surrogacy.

Age and Capacity Requirements

You represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into binding contracts
  • You are not prohibited by law from accessing or using the Website or Services
  • All information you provide is truthful, accurate, and complete

Use on Behalf of Others

If you are accessing or using the Website or Services on behalf of:

  • Your employer or company
  • Another individual or entity
  • As an authorized representative

You represent and warrant that you have the legal authority to bind that entity to these Terms of Use, and your agreement to these Terms will be treated as the agreement of that entity. In such cases, “you” and “your” refer to both you individually and the entity you represent.

Incorporation of Privacy Policy

Our Privacy Policy is incorporated into and forms part of these Terms of Use. By accepting these Terms, you also accept our Privacy Policy and consent to our collection, use, and disclosure of your information as described therein.

Rejection of Terms

If you do not agree with any provision of these Terms of Use or our Privacy Policy, you must immediately cease all use of the Website and Services and may not create an account or engage with ABC Surrogacy.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

General Eligibility Requirements

To use certain features of the Website or Services, you must meet the following requirements:

Minimum Age:

  • You must be at least 18 years of age
  • Minors under 18 are strictly prohibited from using the Website or Services

Legal Capacity:

  • You must be legally capable of entering into binding contracts under applicable law
  • You must not be under any legal disability that would prevent you from entering into agreements

Compliance:

  • You must comply with all applicable federal, state, local, and international laws and regulations
  • You must not be located in a jurisdiction where surrogacy is illegal or where our Services are prohibited

Account Creation

Registration Process:

  • Certain Services require you to create an account by providing accurate, complete, and current information
  • You must provide your legal name, email address, telephone number, and any other required information
  • You are responsible for maintaining the accuracy and completeness of your account information

Account Security:

  • You are responsible for maintaining the confidentiality of your account credentials, including username and password
  • You must not share your account credentials with any third party
  • You are fully responsible for all activities that occur under your account
  • You must immediately notify ABC Surrogacy of any unauthorized access or security breach

Account Restrictions:

  • Each user may maintain only one active account unless expressly authorized by ABC Surrogacy
  • Accounts are non-transferable and may not be sold, traded, or assigned to another person or entity
  • ABC Surrogacy reserves the right to refuse registration or terminate accounts at its sole discretion

Identity Verification

ABC Surrogacy may require you to:

  • Verify your identity through documentation (e.g., government-issued ID, Social Security Number)
  • Complete background checks or screening processes
  • Provide additional information or documentation as needed for program eligibility
  • Participate in interviews or consultations

Failure to provide requested verification or documentation may result in denial of Services or account termination.

Program-Specific Requirements

For Surrogate Applicants:

  • Must meet medical, psychological, and lifestyle requirements established by ABC Surrogacy and fertility clinics
  • Must complete comprehensive screening and evaluation processes
  • Must provide complete medical history and documentation
  • Must comply with all program requirements and guidelines

For Intended Parents:

  • Must comply with all legal and medical requirements for surrogacy in applicable jurisdictions
  • Must demonstrate financial capacity to fulfill surrogacy agreements
  • Must complete required consultations and evaluations
  • Must comply with all program requirements and guidelines

4. SCOPE OF SERVICES

Services Provided

ABC Surrogacy provides surrogacy-related services, which may include:

Matching Services:

  • Connecting intended parents with qualified surrogate candidates
  • Facilitating introductions and initial meetings
  • Providing profile information and compatibility assessment

Case Management:

  • Coordinating communication between parties
  • Managing schedules, appointments, and timelines
  • Providing ongoing support throughout the surrogacy journey

Educational Resources:

  • Information about the surrogacy process
  • Educational materials, articles, and guides
  • Access to webinars, seminars, and support groups

Coordination and Referrals:

  • Referrals to fertility clinics, attorneys, and other professionals
  • Coordination with medical providers, legal counsel, and support services
  • Assistance with insurance review and financial planning

Support Services:

  • Emotional support and counseling referrals
  • 24/7 emergency support access
  • Ongoing case management and advocacy

Agency Role and Limitations

ABC Surrogacy’s Role:

ABC Surrogacy serves as a professional intermediary and coordinator. We:

  • Facilitate connections between intended parents and surrogates
  • Provide case management and administrative support
  • Coordinate with medical, legal, and other professionals
  • Offer education, guidance, and support throughout the process

Important Limitations:

ABC Surrogacy is NOT:

  • A medical provider or fertility clinic
  • A law firm or legal service provider
  • An insurance company or financial institution
  • A licensed adoption agency
  • A guarantor of pregnancy outcomes or successful matches

No Guarantee of Results

Important Disclaimer:

ABC Surrogacy makes no guarantees, warranties, or representations regarding:

  • Successful matching between intended parents and surrogates
  • Medical outcomes, including pregnancy, birth, or health of any child
  • Legal outcomes or enforceability of surrogacy agreements
  • Timeframes for completing the surrogacy process
  • Continuation of relationships between parties
  • Any specific results or outcomes from using our Services

Surrogacy involves complex medical, legal, and personal factors beyond ABC Surrogacy’s control. You acknowledge that success is not guaranteed and outcomes may vary significantly.

Professional Services Required

You acknowledge and agree that:

  • Legal Representation: You must retain independent legal counsel to review and negotiate surrogacy agreements
  • Medical Care: You must work with licensed medical professionals for all medical services
  • Financial Planning: You are responsible for ensuring adequate financial resources and insurance coverage
  • Independent Evaluation: You should seek independent advice regarding medical, legal, financial, and other matters

ABC Surrogacy’s Services do not replace the need for qualified professional advice and assistance.

Modification of Services

ABC Surrogacy reserves the right to:

  • Modify, suspend, or discontinue any aspect of the Services at any time
  • Change eligibility requirements, program criteria, or service offerings
  • Update processes, procedures, and policies
  • Refuse service to any individual or entity at our sole discretion

We will make reasonable efforts to provide notice of significant changes, but are not obligated to do so.

5. USER RESPONSIBILITIES AND CONDUCT

General Responsibilities

By using the Website or Services, you agree to:

Provide Accurate Information:

  • Provide truthful, accurate, complete, and current information at all times
  • Promptly update any information that changes
  • Correct any inaccuracies or omissions in information you have provided
  • Not misrepresent your identity, qualifications, or circumstances

Comply with Requirements:

  • Follow all instructions, policies, and procedures established by ABC Surrogacy
  • Comply with all applicable laws, regulations, and ethical standards
  • Meet all deadlines and respond to communications in a timely manner
  • Participate in good faith in all required processes and evaluations

Maintain Confidentiality:

  • Protect the privacy and confidentiality of other users and their information
  • Use information about other parties only for authorized purposes
  • Not disclose confidential information obtained through the Services
  • Follow all confidentiality agreements and restrictions

Act Professionally:

  • Treat all parties with respect, dignity, and professionalism
  • Communicate honestly, openly, and appropriately
  • Avoid conflicts of interest and inappropriate relationships
  • Conduct yourself in a manner that reflects positively on the surrogacy community

Specific User Conduct Standards

You Must:

  • Use the Website and Services only for lawful purposes
  • Respect the rights and privacy of other users
  • Provide honest and accurate information in all communications
  • Report any concerns, problems, or violations promptly to ABC Surrogacy
  • Cooperate with ABC Surrogacy’s investigation of any issues or complaints
  • Maintain appropriate boundaries and professional relationships

You Must Not:

  • Engage in any fraudulent, deceptive, or misleading conduct
  • Harass, threaten, intimidate, or abuse any person
  • Discriminate against any person based on protected characteristics
  • Interfere with another user’s use or enjoyment of the Services
  • Attempt to circumvent ABC Surrogacy’s processes or requirements
  • Engage in any conduct that violates these Terms or applicable law

Surrogate-Specific Responsibilities

If you are a surrogate applicant or participant, you additionally agree to:

  • Provide complete and accurate medical, personal, and background information
  • Undergo all required medical, psychological, and background evaluations
  • Comply with all medical protocols and recommendations
  • Maintain appropriate health and lifestyle standards
  • Notify ABC Surrogacy immediately of any changes in health, circumstances, or eligibility
  • Follow all requirements in surrogacy agreements and protocols
  • Not engage in behaviors that could jeopardize a pregnancy or your health

Intended Parent-Specific Responsibilities

If you are an intended parent applicant or participant, you additionally agree to:

  • Provide accurate information about your family planning goals and circumstances
  • Demonstrate financial capacity and maintain adequate resources
  • Engage qualified legal counsel for all contractual matters
  • Treat surrogates with respect, fairness, and appropriate compensation
  • Comply with all legal requirements for surrogacy in applicable jurisdictions
  • Honor all commitments and obligations in surrogacy agreements
  • Maintain appropriate boundaries and professional relationships

Reporting Obligations

You must immediately report to ABC Surrogacy:

  • Any changes in your circumstances that may affect your eligibility or participation
  • Any medical complications, emergencies, or concerns
  • Any conflicts, disputes, or problems with other parties
  • Any violations of these Terms or misconduct by any user
  • Any security breaches or unauthorized access to your account
  • Any legal proceedings or investigations involving you or the surrogacy arrangement

6. PROHIBITED USES

Strictly Prohibited Activities

You expressly agree that you will NOT:

Illegal or Harmful Activities:

  • Use the Website or Services for any illegal purpose or in violation of any laws
  • Engage in any activity that exploits, harms, or attempts to harm minors
  • Facilitate or participate in human trafficking, exploitation, or illegal reproductive arrangements
  • Violate any applicable surrogacy laws or regulations
  • Engage in fraud, deception, or misrepresentation

Unauthorized Access and Interference:

  • Access or attempt to access any part of the Website or Services that you are not authorized to access
  • Interfere with or disrupt the integrity, performance, or security of the Website or Services
  • Circumvent, disable, or interfere with security features or access controls
  • Use any automated system (bots, scrapers, crawlers) to access the Website without authorization
  • Probe, scan, or test the vulnerability of any system or network

Misuse of Information:

  • Collect, harvest, or scrape information about other users without authorization
  • Use information obtained through the Services for any unauthorized purpose
  • Disclose confidential information belonging to ABC Surrogacy or other users
  • Use other users’ personal information for marketing, solicitation, or commercial purposes
  • Create false identities or impersonate any person or entity

Harmful Content and Conduct:

  • Upload, post, transmit, or distribute any content that is:
    • Illegal, harmful, threatening, abusive, harassing, defamatory, or libelous
    • Obscene, pornographic, sexually explicit, or otherwise inappropriate
    • Discriminatory, hateful, or promoting violence against any person or group
    • False, misleading, or fraudulent
    • Infringing on intellectual property rights or other legal rights
    • Containing viruses, malware, or other harmful code

Competitive and Commercial Misuse:

  • Use the Website or Services for any commercial purpose not expressly authorized
  • Compete with ABC Surrogacy or use our Services to benefit a competing business
  • Recruit or solicit users to use competing services
  • Copy, reproduce, or reverse engineer any aspect of the Website or Services
  • Create derivative works based on the Website or Services

Abuse of Services:

  • Create multiple accounts to evade restrictions or engage in prohibited conduct
  • Manipulate, exploit, or abuse any feature of the Services
  • Circumvent any limitations or restrictions on use
  • Interfere with matching processes or attempt to manipulate outcomes
  • Engage in any conduct that disrupts or harms the Services or other users

Monitoring and Enforcement

ABC Surrogacy reserves the right, but has no obligation, to:

  • Monitor user activity on the Website and use of Services
  • Review user content and communications
  • Investigate suspected violations of these Terms
  • Take appropriate action against violators, including:
    • Warning or cautioning users
    • Suspending or terminating accounts
    • Removing content or access to features
    • Reporting violations to law enforcement
    • Pursuing legal action for damages

No Obligation to Monitor

ABC Surrogacy has no obligation to monitor the Website, Services, or user conduct. We do not pre-screen content or verify the accuracy of information provided by users. You use the Services at your own risk and should exercise independent judgment regarding all information and interactions.

7. INTELLECTUAL PROPERTY RIGHTS

ABC Surrogacy’s Ownership

Protected Materials:

Unless otherwise explicitly stated, all content and materials available on or through the Website and Services are the exclusive property of ABC Surrogacy or its licensors and are protected by:

  • United States and international copyright laws
  • Trademark laws
  • Trade secret protections
  • Other intellectual property rights and laws

Included Materials:

ABC Surrogacy’s intellectual property includes, but is not limited to:

  • The Website design, layout, and structure
  • ABC Surrogacy name, logos, trademarks, and service marks
  • Text, articles, blog posts, and written content
  • Images, photographs, graphics, and illustrations
  • Videos, audio recordings, and multimedia content
  • Software, code, and technical infrastructure
  • Databases, compilations, and aggregations of information
  • Processes, methods, and business systems
  • Educational materials and resources

Limited License

Grant of License:

ABC Surrogacy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and Services solely for:

  • Your personal, non-commercial use in connection with your surrogacy journey
  • Viewing and interacting with content for informational purposes
  • Using features and functionality as intended

Restrictions on Use:

You may NOT:

  • Copy, reproduce, republish, upload, post, or distribute any content from the Website
  • Modify, adapt, translate, or create derivative works based on the Website or Services
  • Sell, rent, lease, license, sublicense, or transfer any rights to the Website or Services
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices
  • Use the Website or Services in any way that could be considered competitive with ABC Surrogacy
  • Frame or mirror any part of the Website without express written permission
  • Use any ABC Surrogacy trademarks, logos, or branding without prior written authorization

Trademarks

ABC Surrogacy Marks:

“ABC Surrogacy” and all related logos, designs, and marks are trademarks or service marks of ABC Surrogacy. Use of these marks without express written permission is strictly prohibited.

Third-Party Marks:

Other trademarks, service marks, and trade names referenced on the Website are the property of their respective owners. Reference to any third-party marks does not constitute endorsement, sponsorship, or affiliation.

Copyright Infringement

DMCA Compliance:

ABC Surrogacy respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

Notice Requirements:

  • A physical or electronic signature of the copyright owner or authorized representative
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the allegedly infringing material and its location on the Website
  • Your contact information (address, telephone number, email address)
  • A statement that you have a good faith belief that the disputed use is not authorized
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner

Copyright Agent Contact: ABC Surrogacy
Attention: Copyright Agent
Email: info@abcsurrogacy.com

Counter-Notifications:

If you believe that content you posted was removed in error, you may submit a counter-notification containing the information specified in the DMCA.

User Responsibility

You are solely responsible for ensuring that your use of the Website and Services does not infringe on any intellectual property rights. ABC Surrogacy assumes no liability for any infringement claims arising from your use.

8. USER CONTENT AND SUBMISSIONS

Types of User Content

User Content includes any information, data, text, photographs, videos, profiles, applications, messages, or other materials that you:

  • Submit through application forms or questionnaires
  • Upload to your account or profile
  • Post to forums, discussion boards, or community features
  • Transmit through messaging or communication features
  • Share with ABC Surrogacy or other users through any means

Your Responsibilities for User Content

You Represent and Warrant That:

  • You own or have the necessary rights, licenses, and permissions to submit your User Content
  • Your User Content does not infringe on any intellectual property, privacy, publicity, or other rights of any third party
  • Your User Content complies with these Terms and all applicable laws
  • Your User Content is accurate, complete, and not misleading
  • You have obtained all necessary consents from any individuals identified in your User Content

License Grant to ABC Surrogacy

By submitting User Content, you grant ABC Surrogacy a:

  • Worldwide, non-exclusive, royalty-free, perpetual, irrevocable license
  • To use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content
  • In connection with operating and providing the Services
  • For marketing, promotional, and business purposes related to ABC Surrogacy

Scope of License:

This license permits ABC Surrogacy to:

  • Store and process your User Content on our systems
  • Share your User Content with intended parents or surrogates for matching purposes (with your consent)
  • Display your profile information to authorized users
  • Use de-identified or aggregated data for research and business purposes
  • Create anonymized case studies or testimonials (with appropriate permissions)
  • Use your likeness in marketing materials (with your separate written consent)

Limitations:

ABC Surrogacy will use your User Content in accordance with our Privacy Policy and will not:

  • Share your personally identifiable information without your consent, except as described in our Privacy Policy
  • Use your health information in violation of HIPAA or other applicable laws
  • Disclose confidential information except as legally required

Content Monitoring and Removal

ABC Surrogacy’s Rights:

ABC Surrogacy reserves the right, but has no obligation, to:

  • Review, monitor, or screen User Content before or after it is posted
  • Remove, modify, or refuse to post any User Content for any reason, including content that:
    • Violates these Terms of Use
    • Is factually inaccurate or misleading
    • Is inappropriate, offensive, or harmful
    • Infringes on intellectual property or other rights
    • Poses security or legal risks
    • Is inconsistent with ABC Surrogacy’s values or standards

No Obligation:

ABC Surrogacy is not responsible for:

  • Monitoring all User Content
  • Pre-screening content before publication
  • Verifying the accuracy of User Content
  • User Content posted by third parties

Prohibited User Content

You may not submit User Content that:

  • Is illegal, fraudulent, or promotes illegal activity
  • Infringes on intellectual property or other legal rights
  • Contains viruses, malware, or harmful code
  • Harasses, threatens, defames, or harms any person
  • Is discriminatory, hateful, or promotes violence
  • Is sexually explicit, obscene, or inappropriate
  • Violates any person’s privacy or publicity rights
  • Contains false or misleading information
  • Promotes competing services or businesses
  • Violates these Terms or our community standards

Feedback and Suggestions

Voluntary Submissions:

If you provide ABC Surrogacy with feedback, suggestions, ideas, or recommendations (“Feedback”), you acknowledge and agree that:

  • Your Feedback is voluntary and not confidential
  • ABC Surrogacy may use your Feedback without any obligation to you
  • ABC Surrogacy has no obligation to review, consider, or implement your Feedback
  • You waive any rights to compensation or attribution for your Feedback

Retention and Deletion

ABC Surrogacy may retain User Content in accordance with our data retention policies and legal obligations. Upon termination of your account or at your request, we will delete or anonymize your User Content, except to the extent we are required to retain it by law or legitimate business purposes.

9. THIRD-PARTY LINKS AND SERVICES

Third-Party Websites and Links

Links Provided:

The Website may contain links to third-party websites, applications, or services, including:

  • Fertility clinics and medical providers
  • Legal service providers and attorneys
  • Insurance companies and financial institutions
  • Educational resources and organizations
  • Social media platforms
  • Partner organizations and referral sources

No Endorsement:

The inclusion of any link does not imply:

  • Endorsement, approval, or recommendation by ABC Surrogacy
  • Any affiliation, sponsorship, or association with the third party
  • Any representation regarding the quality, safety, or reliability of the third party
  • Any responsibility for the content, practices, or services of the third party

Your Use of Third-Party Services

Your Responsibility:

When you access third-party websites or services:

  • You do so at your own risk
  • You are subject to the terms of use and privacy policies of those third parties
  • ABC Surrogacy is not responsible for the content, practices, or services of third parties
  • You should review the third party’s terms and policies before engaging with them

No Liability:

ABC Surrogacy disclaims all liability for:

  • Any damages, losses, or issues arising from your use of third-party services
  • The accuracy, completeness, or quality of third-party content or services
  • Any transactions or relationships between you and third parties
  • Any violations of your rights by third parties

Third-Party Service Providers

Professional Services:

ABC Surrogacy may refer you to or coordinate with third-party professionals, including:

  • Fertility clinics and reproductive endocrinologists
  • Attorneys specializing in reproductive law
  • Mental health counselors and therapists
  • Insurance specialists and financial advisors
  • Medical providers and healthcare facilities

Independent Relationships:

You acknowledge and agree that:

  • These third parties are independent contractors, not employees or agents of ABC Surrogacy
  • You are responsible for selecting and retaining your own professionals
  • ABC Surrogacy does not control, supervise, or guarantee the services of third parties
  • Your relationship with third-party providers is separate from your relationship with ABC Surrogacy
  • You are responsible for evaluating the qualifications and suitability of all professionals you engage

Social Media Integration

Social Media Features:

The Website may include social media features and widgets (e.g., Facebook Like button, Twitter share button). These features:

  • May collect your IP address and browsing information
  • May set cookies to enable proper functionality
  • Are governed by the privacy policies of the respective social media platforms

Your Interactions:

If you interact with ABC Surrogacy through social media:

  • Your interactions are public and visible to others
  • You are subject to the terms and policies of the social media platform
  • ABC Surrogacy is not responsible for content posted on social media platforms
  • ABC Surrogacy may monitor and respond to social media interactions but has no obligation to do so

10. PRIVACY AND DATA PROTECTION

Privacy Policy Incorporation

ABC Surrogacy’s Privacy Policy is incorporated into and forms an integral part of these Terms of Use. By accepting these Terms, you acknowledge that you have read, understood, and agree to our Privacy Policy.

Privacy Policy Location:
Our complete Privacy Policy is available at: [Insert URL]

Information Collection and Use

Types of Information:

ABC Surrogacy collects various types of information as described in our Privacy Policy, including:

  • Personal identifying information (name, contact information, date of birth)
  • Sensitive personal information (health records, medical history, financial information)
  • Account and authentication information
  • Website usage and technical information
  • Communications and correspondence

Use of Information:

We use your information to:

  • Provide and improve our Services
  • Facilitate matching and coordination
  • Communicate with you about your surrogacy journey
  • Comply with legal and regulatory requirements
  • Protect the rights and safety of all parties

For complete details, please review our Privacy Policy.

Data Security

ABC Surrogacy implements reasonable security measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no security system is perfect, and we cannot guarantee absolute security.

Your Responsibility:

  • Protect your account credentials
  • Use secure networks when accessing the Website
  • Report any suspected security breaches immediately
  • Take reasonable precautions to protect your information

Confidentiality

Mutual Confidentiality:

Both you and ABC Surrogacy agree to:

  • Maintain the confidentiality of sensitive information
  • Use confidential information only for authorized purposes
  • Protect the privacy of all parties involved in surrogacy arrangements
  • Comply with all applicable privacy laws and regulations

Exceptions:

Confidentiality obligations do not apply to information that:

  • Is publicly available through no fault of the receiving party
  • Was known prior to disclosure
  • Is independently developed
  • Must be disclosed by law or court order

HIPAA Compliance

To the extent that ABC Surrogacy is subject to HIPAA (Health Insurance Portability and Accountability Act), we comply with all applicable requirements for protecting health information. For more information, please request our HIPAA Notice of Privacy Practices.

International Data Transfers

If you access the Website from outside the United States:

  • Your information may be transferred to and processed in the United States
  • The United States may have different data protection laws than your jurisdiction
  • By using the Services, you consent to the transfer and processing of your information in the United States

For more information about international data transfers, please review our Privacy Policy.

11. COMMUNICATIONS

Electronic Communications

Consent to Electronic Communications:

By using the Website or Services, you consent to receive electronic communications from ABC Surrogacy, including:

  • Email messages
  • Text messages (SMS/MMS)
  • Push notifications (if enabled)
  • In-app messages
  • Account notifications

Types of Communications:

We may send you:

  • Transactional Communications: Service-related messages, appointment reminders, account notifications, and important updates
  • Marketing Communications: Newsletters, promotional offers, surveys, and information about our services (with your consent)
  • Administrative Communications: Policy updates, security alerts, and legal notices

Communication Standards

Response Expectations:

While ABC Surrogacy strives to respond promptly to communications:

  • We do not guarantee immediate responses
  • Email is not suitable for time-sensitive or emergency communications
  • You should use designated emergency contact methods for urgent matters
  • Business hours for non-emergency communications are [Insert Hours]

Prohibited Communications:

You may not use our communication systems to:

  • Send spam, junk mail, or bulk unsolicited messages
  • Transmit viruses, malware, or harmful code
  • Harass, threaten, or abuse any person
  • Engage in illegal or fraudulent activity
  • Circumvent communication restrictions or filters

Email Security

Important Warning:

Email communication is not completely secure. Do not send:

  • Sensitive financial information (credit card numbers, bank account information)
  • Highly confidential personal information
  • Protected health information (unless through a secure portal)
  • Legal documents requiring secure transmission

Use our secure client portal for transmitting sensitive information.

Opting Out

Marketing Opt-Out:

You may opt out of marketing communications by:

  • Clicking the “Unsubscribe” link in email messages
  • Texting “STOP” in response to SMS messages
  • Updating your communication preferences in your account settings
  • Contacting us at: info@abcsurrogacy.com

Transactional Communications:

You cannot opt out of transactional communications related to:

  • Your account and Services
  • Legal notices and policy updates
  • Security and fraud alerts
  • Essential service-related information

Phone Calls and Text Messages

Consent to Contact:

By providing your telephone number, you consent to receive calls and text messages from ABC Surrogacy for:

  • Service-related communications
  • Marketing purposes (with your express consent)
  • Appointment reminders and updates

Standard Rates Apply:

Message and data rates may apply based on your mobile carrier’s plan. ABC Surrogacy is not responsible for any charges from your carrier.

Recording of Communications

ABC Surrogacy may record telephone conversations for:

  • Quality assurance and training purposes
  • Verification of information
  • Compliance with legal requirements
  • Dispute resolution

By communicating with ABC Surrogacy by phone, you consent to such recording.

12. FEES AND PAYMENT

Service Fees

Fee Structure:

ABC Surrogacy charges fees for its Services as outlined in separate fee schedules and service agreements. Fees may vary depending on:

  • The type of services selected
  • The complexity of your case
  • Whether you have a pre-identified match or require matching services
  • Your geographic location
  • Special circumstances or additional services required

Payment Obligations:

You agree to:

  • Pay all fees associated with the Services you receive
  • Make payments according to the agreed-upon schedule
  • Provide accurate payment information
  • Notify us immediately of any changes to your payment information
  • Pay all applicable taxes, charges, and fees

Payment Methods

Accepted Payment Methods:

ABC Surrogacy accepts payment through:

  • Credit cards (Visa, Mastercard, American Express, Discover)
  • Debit cards
  • Bank transfers (ACH/wire transfer)
  • Cashier’s checks or money orders
  • Payment plans (subject to approval)
  • Other methods as approved by ABC Surrogacy

Payment Processing:

  • Payments are processed by third-party payment processors
  • You authorize ABC Surrogacy to charge your payment method for all fees owed
  • Payment information is handled in accordance with PCI-DSS standards
  • ABC Surrogacy does not store complete credit card information

Refund Policy

General Policy:

Fees paid to ABC Surrogacy are generally non-refundable, except:

  • As specifically provided in your service agreement
  • As required by applicable law
  • At ABC Surrogacy’s sole discretion in exceptional circumstances

Circumstances for Refunds:

Refunds may be considered in the following situations:

  • Services were not provided due to ABC Surrogacy’s fault
  • Duplicate or erroneous charges
  • Cancellation within the specified cancellation period
  • Termination of services by ABC Surrogacy without cause

Refund Process:

To request a refund:

  • Submit a written request to billing@abcsurrogacy.com
  • Provide your account information and reason for the refund request
  • Include documentation supporting your request
  • Allow 30-45 days for review and processing

Approved refunds will be issued to the original payment method within 30 days.

Late Payments and Collections

Consequences of Non-Payment:

If you fail to pay fees when due:

  • Your account may be suspended or terminated
  • You may be denied access to Services
  • Late fees or interest may be assessed (as permitted by law)
  • Your account may be referred to collections
  • You may be responsible for collection costs, including attorney fees

Payment Plans:

Payment plans may be available and must be:

  • Requested in writing before fees are due
  • Approved by ABC Surrogacy in its sole discretion
  • Documented in a written payment agreement
  • Honored according to the agreed schedule

Escrow and Trust Accounts

For financial arrangements between intended parents and surrogates:

  • ABC Surrogacy strongly recommends using professional escrow services
  • ABC Surrogacy is not responsible for managing payments between parties
  • All financial arrangements should be documented in legal agreements
  • Consult with your attorney regarding proper financial management

Changes to Fees

ABC Surrogacy reserves the right to:

  • Modify its fee structure at any time
  • Charge additional fees for extraordinary services
  • Adjust fees to reflect changes in circumstances
  • Provide advance notice of fee changes when practicable

Fee changes will not affect services already contracted at the time of the change unless otherwise agreed in writing.

13. DISCLAIMERS AND WARRANTIES

AS-IS and AS-AVAILABLE Basis

IMPORTANT DISCLAIMER:

THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABC SURROGACY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Disclaimed Warranties

ABC SURROGACY SPECIFICALLY DISCLAIMS:

Implied Warranties:

  • Warranties of merchantability
  • Warranties of fitness for a particular purpose
  • Warranties of title
  • Warranties of non-infringement
  • Warranties of accuracy or completeness
  • Warranties of quiet enjoyment

Service-Related Warranties:

  • That the Website or Services will meet your requirements or expectations
  • That the Website or Services will be uninterrupted, timely, secure, or error-free
  • That any defects or errors will be corrected
  • That the Website or Services will be free from viruses or other harmful components
  • That information available through the Services will be accurate, complete, reliable, or current

Outcome Warranties:

  • ABC Surrogacy makes NO WARRANTY regarding the success, outcome, or results of:
    • Matching processes or compatibility assessments
    • Medical procedures, including embryo transfer, pregnancy, or live birth
      • Legal proceedings or enforceability of agreements
    • Relationships between intended parents and surrogates
    • Any aspect of the surrogacy journey

Information Accuracy

No Guarantee of Accuracy:

While ABC Surrogacy makes reasonable efforts to provide accurate information:

  • Information on the Website may contain inaccuracies, errors, or omissions
  • Information may become outdated without notice
  • Third-party content may not be verified or endorsed by ABC Surrogacy
  • Medical, legal, and financial information is general in nature and not personalized advice
  • State laws and regulations vary and change frequently

You Should:

  • Independently verify all information
  • Consult qualified professionals for personalized advice
  • Not rely solely on information from the Website
  • Confirm current requirements and regulations in your jurisdiction

User Content Disclaimer

ABC Surrogacy Does Not:

  • Endorse, warrant, or guarantee User Content
  • Verify the accuracy of information provided by users
  • Assume responsibility for user profiles, statements, or representations
  • Conduct comprehensive background checks on all users
  • Guarantee the suitability of any match or relationship

You Are Responsible For:

  • Evaluating the accuracy and reliability of all User Content
  • Conducting your own due diligence regarding potential matches
  • Verifying information provided by other users
  • Making independent decisions based on complete information

Third-Party Services Disclaimer

ABC Surrogacy:

  • Does not warrant or endorse any third-party services or providers
  • Is not responsible for the acts or omissions of independent professionals
  • Does not guarantee the quality, competence, or suitability of third-party providers
  • Has no control over and makes no warranties regarding third-party services

Medical and Legal Disclaimers

Not Professional Advice:

The Website and Services:

  • Do not provide medical, legal, or financial advice
  • Should not be relied upon as a substitute for professional consultation
  • Do not create a doctor-patient, attorney-client, or fiduciary relationship
  • Provide general information only, not personalized recommendations

Medical Disclaimer:

  • ABC Surrogacy is not a medical provider
  • Information on the Website is not medical advice
  • Medical decisions should be made in consultation with qualified healthcare providers
  • ABC Surrogacy is not responsible for medical outcomes or complications

Legal Disclaimer:

  • ABC Surrogacy is not a law firm
  • Information on the Website is not legal advice
  • Legal matters should be handled by qualified attorneys licensed in your jurisdiction
  • ABC Surrogacy is not responsible for legal outcomes or enforceability of agreements

Jurisdictional Disclaimer

Surrogacy laws vary significantly by jurisdiction. ABC Surrogacy:

  • Does not guarantee that surrogacy is legal in your jurisdiction
  • Does not provide legal advice regarding surrogacy in any specific state or country
  • Recommends consulting local legal counsel regarding applicable laws
  • May refuse to provide services in jurisdictions where surrogacy is illegal or problematic

No Guarantee of Continued Service

ABC Surrogacy reserves the right to:

  • Modify, suspend, or discontinue the Website or Services at any time
  • Change eligibility requirements or program criteria
  • Terminate your access to the Services for any reason
  • Close or sell the business without ongoing obligations to users

Assumption of Risk

You Acknowledge and Accept That:

  • Surrogacy involves significant medical, legal, financial, and emotional risks
  • Success is not guaranteed and outcomes vary widely
  • Complications, disappointments, and failures are possible
  • Relationships between parties may not develop as hoped or may deteriorate
  • Legal enforceability of agreements varies by jurisdiction
  • You assume all risks associated with pursuing surrogacy

State-Specific Disclaimers

Some jurisdictions do not allow the exclusion or limitation of certain warranties. In such jurisdictions, the above disclaimers and limitations apply only to the fullest extent permitted by law.

14. LIMITATION OF LIABILITY

Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL ABC SURROGACY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “ABC SURROGACY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

Types of Excluded Damages

Indirect and Consequential Damages:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES
  • LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
  • LOSS OF GOODWILL OR REPUTATION
  • LOSS OF DATA OR INFORMATION
  • BUSINESS INTERRUPTION OR WORK STOPPAGE
  • COST OF SUBSTITUTE GOODS OR SERVICES
  • PERSONAL OR EMOTIONAL INJURY
  • PAIN AND SUFFERING
  • LOSS OF ENJOYMENT OR QUALITY OF LIFE

Covered Circumstances

The Above Limitations Apply Regardless of:

  • The theory of liability (contract, tort, negligence, strict liability, or otherwise)
  • Whether ABC Surrogacy was advised or should have known of the possibility of such damages
  • The success or failure of any remedy provided
  • Whether the damages were foreseeable or unforeseeable

Specific Contexts

Medical Outcomes:

The ABC Surrogacy Parties are not liable for:

  • Failed embryo transfers, miscarriages, or pregnancy complications
  • Birth defects, genetic conditions, or health issues affecting any child
  • Medical malpractice or negligence by healthcare providers
  • Adverse reactions to medications or medical procedures
  • Any medical outcomes or complications of any kind

Matching and Relationships:

The ABC Surrogacy Parties are not liable for:

  • Failed matches or incompatibility between parties
  • Breakdown of relationships between intended parents and surrogates
  • Emotional distress or disappointment from matching experiences
  • Breach of agreements by intended parents or surrogates
  • Fraudulent misrepresentation or concealment by users
  • Conduct or actions of any user or third party

Legal Issues:

The ABC Surrogacy Parties are not liable for:

  • Unenforceability of surrogacy agreements
  • Adverse legal outcomes or court decisions
  • Changes in applicable laws or regulations
  • Legal malpractice or errors by attorneys
  • Custody disputes or parental rights issues
  • Immigration or citizenship complications

Financial Matters:

The ABC Surrogacy Parties are not liable for:

  • Financial losses or unexpected expenses
  • Insurance coverage issues or denials
  • Payment disputes between parties
  • Fraud or financial misconduct by users or third parties
  • Investment losses or financial decisions

Cap on Damages

MAXIMUM AGGREGATE LIABILITY:

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE ABC SURROGACY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT OF FEES YOU PAID TO ABC SURROGACY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR

(B) ONE HUNDRED DOLLARS ($100.00)

User Responsibilities

You Acknowledge That:

  • These limitations reflect the risks inherent in surrogacy arrangements
  • ABC Surrogacy’s fees are set based on these limitations of liability
  • Without these limitations, ABC Surrogacy could not offer its Services economically
  • You have the opportunity to purchase additional insurance coverage for various risks

Essential Purpose

You agree that these limitations of liability are fundamental elements of the bargain between you and ABC Surrogacy and represent a fair allocation of risk. These limitations shall apply even if any limited remedy fails of its essential purpose.

Indemnified Claims

These limitations of liability do not apply to:

  • Your indemnification obligations under Section 15
  • Your responsibility for damages you cause to ABC Surrogacy or third parties
  • Your violations of law or these Terms

State-Specific Provisions

Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages. In such jurisdictions, the ABC Surrogacy Parties’ liability is limited to the greatest extent permitted by law.

Insurance Recommendation

ABC Surrogacy strongly recommends that:

  • Intended parents obtain appropriate insurance coverage
  • Surrogates maintain adequate health insurance
  • All parties consider additional liability and risk protection
  • You consult with insurance professionals regarding appropriate coverage

15. INDEMNIFICATION

Your Indemnification Obligations

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the ABC Surrogacy Parties (ABC Surrogacy, its affiliates, officers, directors, employees, agents, partners, licensors, and service providers) from and against any and all:

  • Claims
  • Demands
  • Actions
  • Lawsuits
  • Proceedings
  • Liabilities
  • Damages
  • Losses
  • Costs
  • Expenses (including reasonable attorneys’ fees and court costs)

Covered Situations

Your indemnification obligations arise from:

Your Conduct:

  • Your use or misuse of the Website or Services
  • Your violation of these Terms of Use or any applicable law
  • Your violation of any rights of another person or entity
  • Your negligent or willful misconduct

Your Content:

  • Any User Content you submit or transmit
  • Any claims that your User Content infringes intellectual property rights
  • Any false, misleading, or defamatory statements you make
  • Any confidential information you improperly disclose

Your Relationships:

  • Disputes with other users (intended parents, surrogates, or others)
  • Breach of surrogacy agreements or other contracts
  • Interactions with third-party service providers
  • Any conduct toward other parties

Legal Violations:

  • Violations of any federal, state, or local laws
  • Violations of regulations governing surrogacy in any jurisdiction
  • Fraud, misrepresentation, or illegal activity
  • Privacy violations or unauthorized disclosure of information

Indemnification Process

Notification:

ABC Surrogacy will:

  • Promptly notify you in writing of any claim for which indemnification is sought
  • Provide you with reasonable information and assistance regarding the claim
  • Allow you the opportunity to assume control of the defense and settlement

Your Responsibilities:

You must:

  • Assume control and conduct the defense of any indemnified claim
  • Engage competent legal counsel at your own expense
  • Keep ABC Surrogacy reasonably informed of the status and progress
  • Not settle any claim without ABC Surrogacy’s prior written consent (which shall not be unreasonably withheld)
  • Cooperate fully with ABC Surrogacy in the defense of any claim

ABC Surrogacy’s Rights:

ABC Surrogacy reserves the right to:

  • Participate in the defense of any claim at its own expense
  • Engage separate counsel at its own expense
  • Assume control of the defense if you fail to do so
  • Settle any claim if you fail to defend it adequately

No Limitation

These indemnification obligations:

  • Are in addition to, and not in lieu of, any other rights or remedies available to ABC Surrogacy
  • Survive termination of your account or these Terms
  • Are not limited by any other provision of these Terms
  • Apply regardless of any limitation of liability provisions

Examples of Indemnifiable Claims

You would be required to indemnify ABC Surrogacy if:

  • A surrogate sues ABC Surrogacy over your alleged breach of a surrogacy agreement
  • Intended parents sue ABC Surrogacy over false information you provided in your application
  • A third party claims you infringed their intellectual property in User Content you submitted
  • Government authorities investigate ABC Surrogacy due to illegal conduct by you
  • Another user suffers damages due to your violation of these Terms
  • ABC Surrogacy incurs legal fees defending against claims arising from your actions

Insurance

ABC Surrogacy recommends that you:

  • Maintain adequate liability insurance
  • Consider professional liability coverage if applicable
  • Ensure insurance policies cover potential indemnification obligations
  • Review policy exclusions with an insurance professional

16. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY

THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS.

BY ACCEPTING THESE TERMS, YOU AGREE TO:

  • Resolve most disputes through binding arbitration instead of in court
  • Waive your right to a jury trial
  • Waive your right to participate in a class action lawsuit

IF YOU DO NOT AGREE TO ARBITRATION, YOU MUST OPT OUT AS DESCRIBED BELOW WITHIN 30 DAYS.

Scope of Arbitration Agreement

Covered Disputes:

Except as expressly provided below, you and ABC Surrogacy agree that any dispute, claim, or controversy arising out of or relating to:

  • These Terms of Use or breach thereof
  • The Privacy Policy
  • Your use of or access to the Website or Services
  • Any services or goods provided by ABC Surrogacy
  • Any advertising or marketing by ABC Surrogacy
  • The relationships between you, ABC Surrogacy, and other users or third parties

Shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), as modified by this Arbitration Agreement.

Excluded Disputes:

The following disputes are NOT subject to arbitration:

  • Small claims court actions (if the claim qualifies)
  • Disputes regarding the validity, scope, or enforceability of this Arbitration Agreement
  • Claims for injunctive or equitable relief to protect intellectual property rights
  • Any dispute that cannot be arbitrated as a matter of law

Arbitration Rules and Procedures

Governing Rules:

The arbitration shall be governed by:

  • The Federal Arbitration Act (9 U.S.C. §§ 1-16) (the “FAA”)
  • The AAA Consumer Arbitration Rules
  • This Arbitration Agreement (to the extent it conflicts with AAA Rules)

AAA Rules Access:

The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

Arbitrator Authority:

The arbitrator shall have exclusive authority to:

  • Resolve any dispute regarding the interpretation, applicability, or enforceability of this Arbitration Agreement
  • Determine the arbitrability of any claim
  • Award any relief that would be available in court, including monetary damages, injunctive relief, and declaratory relief
  • Award attorneys’ fees and costs as permitted by law or these Terms

Arbitration Process:

  • Initiation: Either party may initiate arbitration by filing a demand with AAA
  • Location: The arbitration shall be conducted in [Insert County/City, State] or by telephone/videoconference if the parties agree
  • Hearing: The arbitrator will conduct a hearing if requested by either party
  • Decision: The arbitrator will issue a written decision with findings and conclusions
  • Timing: The arbitrator should issue a decision within 120 days of appointment

Filing Fees and Costs

Who Pays:

  • Your Filing Fee: You are responsible for the first $200 of AAA filing fees
  • ABC Surrogacy’s Share: ABC Surrogacy will pay any additional AAA filing fees
  • Arbitrator Fees: ABC Surrogacy will pay the arbitrator’s fees
  • Your Costs: You are responsible for your own attorneys’ fees and costs unless otherwise awarded by the arbitrator or required by law
  • Excessive Claims: If the arbitrator determines that your claim was filed for an improper purpose or is frivolous, you may be required to reimburse ABC Surrogacy for its fees and costs

Fee Waiver:

If you cannot afford the filing fees, you may apply to AAA for a fee waiver. ABC Surrogacy will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim was frivolous or brought for an improper purpose.

Class Action Waiver

INDIVIDUAL BASIS ONLY:

YOU AND ABC SURROGACY AGREE THAT:

  • Each may bring claims against the other only in an individual capacity
  • Neither may bring claims as a plaintiff or class member in any class, consolidated, or representative action
  • The arbitrator may not consolidate more than one person’s claims
  • The arbitrator may not preside over any form of class, consolidated, or representative proceeding
  • The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary for that party’s individual claim

No Class-Wide Relief:

Unless both you and ABC Surrogacy agree otherwise in writing:

  • The arbitrator may not award class-wide, collective, or representative relief
  • Each party’s claims must be heard individually
  • Claims cannot be combined with claims of other users

Severability of Class Waiver:

If any court or arbitrator determines that the class action waiver is void or unenforceable for any reason, or that arbitration can proceed on a class basis, then the entire Arbitration Agreement shall be null and void (but the rest of these Terms shall remain in effect).

Jury Trial Waiver

WAIVER OF JURY TRIAL:

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ABC SURROGACY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES.

This waiver applies whether the proceeding is in arbitration or court (if arbitration is not required).

Opt-Out Right

How to Opt Out:

You have the right to opt out of this Arbitration Agreement by sending a written notice to ABC Surrogacy within 30 days of first accepting these Terms.

Opt-Out Notice Must:

  • Be sent by email to: info@abcsurrogacy.com
  • Include your full name, address, email address, and phone number
  • State clearly: “I opt out of the arbitration agreement”
  • Sent from the email address associated with your account

Effect of Opt-Out:

  • If you validly opt out, the Arbitration Agreement will not apply to you
  • Disputes will be resolved in court as provided in Section 17
  • Opting out does not affect any other provisions of these Terms
  • You cannot opt out after the 30-day period has expired

Survival and Severability

This Arbitration Agreement:

  • Survives termination of your account or these Terms
  • Remains in effect even if you stop using the Services
  • Applies to claims arising before, during, or after your use of the Services

If any portion of this Arbitration Agreement is found to be invalid or unenforceable, the remainder shall remain in effect, except as provided in the Class Action Waiver section above.

Future Changes

ABC Surrogacy may change this Arbitration Agreement in the future. Any changes will:

  • Be effective for new disputes arising after the change
  • Not apply retroactively to disputes that arose before the change
  • Not affect any arbitration already initiated

17. GOVERNING LAW AND JURISDICTION

Governing Law

Applicable Law:

These Terms of Use, your use of the Website and Services, and any disputes arising out of or relating thereto shall be governed by and construed in accordance with:

  • The laws of the State of [Insert State]
  • The Federal Arbitration Act (9 U.S.C. §§ 1-16)
  • Federal laws of the United States

Exclusions:

The governing law shall apply:

  • Without regard to its conflict of law principles
  • To the fullest extent permitted by federal law
  • Regardless of your location or place of residence

Jurisdiction (If Arbitration Does Not Apply)

Exclusive Jurisdiction:

If the Arbitration Agreement does not apply to a dispute for any reason, you agree that:

  • Any legal action or proceeding shall be brought exclusively in the state or federal courts located in [Insert County, State]
  • You consent to the personal jurisdiction of such courts
  • You waive any objection to venue in such courts
  • You waive any defense of inconvenient forum

Exceptions:

ABC Surrogacy may bring a legal action in:

  • Any jurisdiction where you reside or conduct business
  • Any jurisdiction where a breach of these Terms occurred
  • Any jurisdiction necessary to enforce a judgment

Service of Process

You consent to service of process by:

  • Personal delivery
  • Certified mail to the address in your account
  • Email to the email address in your account
  • Any method permitted by applicable law

Enforcement of Judgments

Any judgment or arbitration award may be enforced in any court of competent jurisdiction.

18. TERMINATION AND SUSPENSION

Your Right to Terminate

Voluntary Termination:

You may terminate your account and cease using the Services at any time by:

  • Providing written notice to ABC Surrogacy at: accounts@abcsurrogacy.com
  • Following the account closure procedures specified in your account settings
  • Ceasing all use of the Website and Services

Effect of Your Termination:

  • You remain responsible for all fees incurred prior to termination
  • You must fulfill any outstanding obligations under service agreements
  • Certain provisions of these Terms survive termination (as specified below)
  • ABC Surrogacy may retain your information as described in the Privacy Policy

ABC Surrogacy’s Right to Terminate

Termination by ABC Surrogacy:

ABC Surrogacy reserves the right to terminate or suspend your access to the Website or Services, in whole or in part, at any time and for any reason, with or without prior notice, including but not limited to:

Cause for Termination:

  • Violation of these Terms of Use or any applicable policy
  • Failure to pay fees when due
  • Engaging in fraudulent, illegal, or inappropriate conduct
  • Providing false or misleading information
  • Posing a risk to ABC Surrogacy, other users, or third parties
  • At ABC Surrogacy’s sole discretion for any reason or no reason

Immediate Termination:

ABC Surrogacy may immediately terminate your access without prior notice for:

  • Serious violations of these Terms
  • Illegal activity or conduct
  • Threats to safety or security
  • Court order or legal requirement
  • Emergency situations

Effects of Termination

Upon Termination:

  • Your right to access and use the Website and Services immediately ceases
  • You must immediately stop using all ABC Surrogacy systems, materials, and resources
  • You remain bound by obligations that survive termination
  • ABC Surrogacy may delete your account and User Content (subject to legal retention requirements)
  • Outstanding fees and obligations remain due and payable

No Refunds:

Except as required by law or specifically provided in your service agreement:

  • Termination does not entitle you to a refund of any fees paid
  • You remain responsible for all fees incurred prior to termination
  • ABC Surrogacy is not liable for any consequences of termination

Survival of Terms

The following provisions survive termination:

  • Sections related to: User Content licenses, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Arbitration, Governing Law, and General Provisions
  • Any provisions that by their nature should survive termination
  • All obligations that accrued prior to termination

Return of Materials

Upon termination, you must:

  • Return or destroy all ABC Surrogacy confidential information
  • Cease using all ABC Surrogacy intellectual property
  • Remove any ABC Surrogacy content from your systems
  • Certify compliance with these requirements upon request

Re-Activation

If your account is terminated:

  • You may not create a new account without ABC Surrogacy’s express written permission
  • ABC Surrogacy may refuse to re-activate your account at its sole discretion
  • Re-activation may be subject to additional terms and conditions

19. MODIFICATIONS TO TERMS

Right to Modify

ABC Surrogacy reserves the right, in its sole discretion, to modify, amend, update, or revise these Terms of Use at any time, for any reason, with or without prior notice.

Changes May Include:

  • Substantive modifications to legal provisions
  • Additions or deletions of sections
  • Updates to reflect new features or services
  • Changes to comply with legal requirements
  • Clarifications or corrections

Notice of Changes

How You Will Be Notified:

When we make material changes to these Terms, we will notify you by:

  • Posting the revised Terms on the Website with a new “Last Updated” date
  • Sending an email to the address associated with your account
  • Displaying a prominent notice on the Website
  • In-app notification (if applicable)

Timing of Notice:

For material changes:

  • We will provide advance notice of at least 30 days before the changes take effect
  • For non-material or administrative changes, we may provide shorter notice or no advance notice
  • Emergency changes may be effective immediately

Your Acceptance of Changes

Effective Date:

Changes to these Terms become effective:

  • On the date specified in the notice (typically 30 days after posting)
  • Immediately upon posting if the change is immaterial
  • As required by law or court order

Deemed Acceptance:

Your continued use of the Website or Services after the effective date of any changes constitutes your acceptance of the modified Terms. By continuing to use the Services, you agree to be bound by the updated Terms.

If You Don’t Accept Changes:

If you do not agree to the modified Terms:

  • You must stop using the Website and Services immediately
  • You may terminate your account as provided in Section 18
  • You should contact ABC Surrogacy to discuss any concerns
  • Continuing to use the Services after the effective date means you accept the changes

Opt-Out of Arbitration Changes

If we make material changes to the Arbitration Agreement:

  • You may reject the changes by sending written notice within 30 days
  • Your rejection preserves your right to arbitrate under the prior arbitration terms
  • Rejection does not affect any other provisions of these Terms
  • Send opt-out notices to: legal@abcsurrogacy.com

Version Control

  • The most current version of these Terms will always be available on the Website
  • We recommend reviewing these Terms periodically to stay informed of changes
  • You are responsible for checking for updates
  • The “Last Updated” date at the top indicates when the Terms were last modified

No Retroactive Effect

Changes to these Terms generally will not apply retroactively to:

  • Services already provided before the effective date
  • Disputes that arose before the effective date
  • Rights and obligations that accrued before the effective date

However, changes required by law may apply retroactively as necessary.

20. GENERAL PROVISIONS

Entire Agreement

These Terms of Use, together with the Privacy Policy and any other legal notices or agreements referenced herein, constitute the entire agreement between you and ABC Surrogacy regarding your use of the Website and Services and supersede all prior:

  • Oral or written communications
  • Proposals or negotiations
  • Understandings or agreements
  • Representations or warranties

Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be:

  • Invalid
  • Illegal
  • Unenforceable
  • Void

Then:

  • That provision shall be deemed severed from these Terms
  • The remaining provisions shall remain in full force and effect
  • The invalid provision shall be reformed to the minimum extent necessary to make it enforceable
  • The invalidity of one provision shall not affect the validity of other provisions

Exception: If the Class Action Waiver is found unenforceable, the entire Arbitration Agreement shall be void.

Waiver

No Implied Waiver:

ABC Surrogacy’s failure or delay in enforcing any provision of these Terms shall not be deemed a waiver of:

  • That provision
  • Any other provision
  • The right to enforce provisions in the future

Express Waiver:

Any waiver must be:

  • In writing
  • Signed by an authorized representative of ABC Surrogacy
  • Expressly stating the provision being waived
  • Limited to the specific circumstances described

A waiver in one instance does not constitute a waiver in any other instance.

Assignment

Your Restrictions:

You may not assign, transfer, or delegate:

  • These Terms
  • Your rights or obligations hereunder
  • Your account

Without ABC Surrogacy’s prior written consent. Any attempted assignment in violation of this provision is void.

ABC Surrogacy’s Rights:

ABC Surrogacy may freely assign or transfer these Terms and all rights and obligations hereunder:

  • To any affiliate or subsidiary
  • In connection with a merger, acquisition, or sale of assets
  • To any successor entity or purchaser
  • For any reason or no reason

You will be notified of any assignment that materially affects your rights.

Third-Party Rights

These Terms are for the sole benefit of you and ABC Surrogacy. No third party:

  • Has any rights under these Terms
  • Is an intended beneficiary
  • May enforce any provision

Except as expressly provided herein.

Force Majeure

ABC Surrogacy shall not be liable for any failure or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to:

  • Acts of God (earthquakes, floods, fires)
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Labor disputes or strikes
  • Utility failures or telecommunications outages
  • Pandemics or public health emergencies
  • Supplier or vendor failures

Notices

To ABC Surrogacy:

All notices to ABC Surrogacy must be sent to:

  • Email: info@abcsurrogacy.com

To You:

ABC Surrogacy may provide notices to you:

  • By email to the address in your account
  • By posting on the Website
  • Through in-app notifications
  • By mail to the address in your account
  • By any method permitted by law

You consent to receive electronic notices and agree that such notices satisfy any legal requirement for written notice.

Headings

Section headings in these Terms are for convenience only and:

  • Do not affect the interpretation of provisions
  • Are not substantive terms
  • Shall not be used to interpret ambiguous provisions

Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

Interpretation

In these Terms:

  • “Including” means “including but not limited to”
  • Singular terms include the plural and vice versa
  • “Or” is not exclusive
  • References to “days” mean calendar days unless otherwise specified
  • References to sections are to sections of these Terms

Relationship of Parties

Nothing in these Terms creates:

  • An employment relationship
  • A partnership or joint venture
  • An agency relationship
  • A franchisor-franchisee relationship

Between you and ABC Surrogacy. You are an independent party contracting with ABC Surrogacy for Services.

Statute of Limitations

Time to Bring Claims:

You agree that any claim or cause of action arising out of or related to:

  • These Terms
  • Your use of the Website or Services
  • Any services provided by ABC Surrogacy

Must be filed within one (1) year after the claim or cause of action arose. After this period, such claims are permanently barred.

Equitable Relief

Notwithstanding the Arbitration Agreement, ABC Surrogacy may seek equitable relief (including injunctive relief) in any court of competent jurisdiction to:

  • Protect its intellectual property rights
  • Enforce confidentiality obligations
  • Prevent imminent harm
  • Obtain provisional or ancillary remedies

Electronic Signatures

You consent to the use of electronic signatures, contracts, orders, and records and to the electronic delivery of notices, policies, and records of transactions with ABC Surrogacy. Your consent applies to all interactions with ABC Surrogacy.

U.S. Legal Compliance

The Website and Services are operated from the United States and intended for users in the United States. By using the Website or Services, you certify that:

  • You are not prohibited from receiving U.S. products or services under applicable laws
  • You will comply with all U.S. export control laws
  • You are not located in a country subject to U.S. embargo
  • You are not on any U.S. government list of prohibited or restricted parties

21. CONTACT INFORMATION

Questions and Concerns

If you have any questions, concerns, or requests regarding these Terms of Use, please contact ABC Surrogacy:

  • Email: info@abcsurrogacy.com
  • Phone: 1-323-207-5762
  • Hours: Monday – Friday, 9:00 AM – 5:00 PM PST

ACKNOWLEDGMENT AND ACCEPTANCE

BY USING THE WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT:

  1. You have read and understood these Terms of Use in their entirety
  2. You have read and understood the Privacy Policy
  3. You have had the opportunity to review these Terms with legal counsel if desired
  4. You agree to be legally bound by these Terms and the Privacy Policy
  5. You are at least 18 years of age and legally capable of entering into binding contracts
  6. You understand that these Terms contain important legal provisions, including binding arbitration and class action waiver provisions
  7. You understand that ABC Surrogacy makes no guarantees regarding outcomes or success in surrogacy arrangements
  8. You assume all risks associated with using the Services and pursuing surrogacy
  9. You agree to the limitations of liability and disclaimers contained herein

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE WEBSITE OR SERVICES.

Effective Date: June 30, 2026
Last Updated: June 30, 2026

Thank you for taking the time to read and understand these Terms of Use. ABC Surrogacy is committed to providing exceptional service while protecting the rights and interests of all parties. We look forward to supporting you on your surrogacy journey.