Legal

Website Terms and Conditions of Use

Last revised September 29, 2026

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE BROWSING THIS PAGE

THESE TERMS AND CONDITIONS OF USE APPLY TO RESIDENTS OF MEXICO OR TO ANY PERSON ANYWHERE IN THE WORLD WHO WISHES TO ACQUIRE A SERVICE IN MEXICO, AT INSTITUTO DE INFERTILIDAD Y GENÉTICA MÉXICO, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA MONTERREY, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA GUADALAJARA, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA QUERÉTARO, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA TIJUANA, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA MÉRIDA, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA PUEBLA, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA CANCÚN S.C., INSTITUTO DE INFERTILIDAD Y GENÉTICA CHIHUAHUA S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA HERMOSILLO S.C., OR INSTITUTO DE FERTILIDAD Y GENÉTICA MAZATLÁN S.C.

These terms and conditions of use and services (hereinafter referred to as the “Terms of Use”) govern the use of the online interface and properties (for example, websites, landing pages or mobile applications) owned and controlled by INSTITUTO DE INFERTILIDAD Y GENÉTICA MÉXICO, S.C., including the link www.ingenes.com (hereinafter the “Site”), as well as the services (hereinafter the “Services”) and products (hereinafter the “Products”) available to users of the Site and landing pages.

INSTITUTO DE FERTILIDAD Y GENÉTICA MÉXICO, S.C. (hereinafter referred to as “INGENES”, “we”, “us” and “our”) renders both medical and corporate services in different branches of service, and maintains business and collaboration relationships with other corporations in the United Mexican States, such as INSTITUTO DE FERTILIDAD Y GENÉTICA MONTERREY, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA GUADALAJARA, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA QUERÉTARO, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA MÉRIDA, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA TIJUANA, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA PUEBLA, S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA CANCÚN S.C., INSTITUTO DE INFERTILIDAD Y GENÉTICA CHIHUAHUA S.C., INSTITUTO DE FERTILIDAD Y GENÉTICA HERMOSILLO S.C., and INSTITUTO DE FERTILIDAD Y GENÉTICA MAZATLÁN S.C. (individually or collectively, as the case may be, together with the medical branch of INSTITUTO DE INFERTILIDAD Y GENÉTICA MÉXICO, S.C., referred to as the “Clinics” or “Clinic”), for the purpose of providing online medical services through consultations and a secure communication system between the participating physicians (individually referred to as “Provider” and collectively as the “Providers”) and patients. (See the applicable section on the terms applicable to medical service Providers.)

Given that INGENES has a medical services branch and a corporate services branch, with diversified roles, and in order to provide context for the use of these terms: where these Terms of Use refer to Clinic or Clinics, INSTITUTO DE INFERTILIDAD Y GENÉTICA MÉXICO, S.C. is also considered as such for those purposes, since it also contracts or employs Providers; otherwise, where these Terms of Use refer to INSTITUTO DE INFERTILIDAD Y GENÉTICA MÉXICO, S.C. solely as INGENES, the context applies to the related corporate and commercial services as developer and administrator of the Site, the Products and the Services.

The professional medical services rendered by the Clinics and those services not related to clinical or medical aspects related to the Site (which are rendered by INGENES) are collectively referred to in these Terms of Use as the “Services”. Pursuant to this document, the terms “you”, “your” and “yours” refer to any person, legal representative, guardian, conservator or custodian who accesses, registers for or uses any product or service offered on our websites.

Your acceptance of and compliance with these Terms of Use is an indispensable condition for the use of the Site and of the Services and Products offered. By clicking “Accept” or a similar sign, you unequivocally state that you have read, understood and accept these Terms of Use. The applicable Privacy Policy and/or Privacy Notice may be consulted at the links indicated below and independently governs the processing of your personal data. Acceptance of these Terms of Use does not, in and of itself, constitute consent to secondary purposes of marketing, advertising, segmentation, marketing automation or commercial transfers to independent third parties, which shall be subject to the corresponding consent mechanisms under the applicable Privacy Policy and/or Privacy Notice:

If you do not agree to be bound by these terms and conditions of use of the Website, content or Services, please leave the page promptly.

Agreement to Mediate

These Terms of Use provide that any dispute or conflict arising between You and INGENES or the Clinics that is related to these Terms of Use or to your use of the Website shall be resolved through SUBMISSION TO MEDIATION. BY VIRTUE OF THE FOREGOING, YOU CONSENT TO WAIVE YOUR RIGHT TO RESORT TO CONTENTIOUS JURISDICTION (INCLUDING THROUGH A COLLECTIVE OR CLASS ACTION) to assert your claim or defend your rights under these Terms of Use. Your rights will be declared and established by a NEUTRAL MEDIATOR CERTIFIED BY THE SUPERIOR COURT OF JUSTICE OF MEXICO CITY (TRIBUNAL SUPERIOR DE JUSTICIA DE LA CIUDAD DE MÉXICO) AND NOT BY A STATE JUDGE OR COURT, and your claims and demands may not be the subject of a collective or class action. Please review the Section on Dispute Resolution, as well as the Agreement to Mediate, to verify the details regarding the submission to mediation of any disputes you may have with INGENES or the Clinics related to these Terms of Use.

Services Provided: Their Nature Does Not Constitute a Medical Service or Consultation by INGENES or the Clinics

We offer an online communication and education platform for Providers and their patients to connect through the Site by means of health and wellness information, synchronous and asynchronous telecommunications, and other mechanisms and technologies for the exchange of medical information.

However, INGENES does not provide medical consulting or medical services, since it collaborates with the Clinics, which are independent companies with networks of physicians in Mexico that provide medical services and consulting. The Clinics’ Providers provide clinical services and may communicate with their patients through the Clinics’ own platform. Providers are independent service providers or employees of such medical corporations. Providers are not contracted or employed by INGENES. The Providers, and not INGENES, are responsible for the quality and appropriateness of the medical care they provide to you.

The Providers are independent of the corporate branch of INGENES and only use the Site as a strategy to provide information of interest to you and/or to communicate with you. Any information or recommendation received from a Provider belongs to that Provider’s own professional medical practice and not to INGENES. The interactions between you and the Providers through the Site are not intended to take precedence over or replace the doctor-patient relationship you have with your regular physicians or primary care physicians. Accordingly, neither INGENES nor any of its affiliates or subsidiaries, directors, employees, shareholders, business associates or any third party that may promote the Site or any Service, or a link to the Service, shall be liable for any professional opinion or recommendation issued by any Provider in connection with the use of the Site or any Service, or for any information obtained from the Site, directly or indirectly. INGENES does not recommend or endorse any specific Provider, tests, laboratories, physicians, medications, products or procedures. You understand that any reliance placed on a Provider, or acquiescence to the information provided by any such Provider through the Site or Service, is deemed accepted at your own risk, and that you understand the consequences of those acts, assuming full responsibility for all risks associated with that situation.

INGENES does not assume, represent, warrant or give any guarantee regarding the capability or skill of any of the Providers who provide services through the Site or the Services. Providers will be made available to you based on the information you provide to the Site. You are solely responsible for choosing any particular Provider.

The content of the Site and the Services, including, without limitation, text, copy, audio, video, information, photographs, illustrations, graphics and other visuals, is for informational purposes and under no circumstances constitutes medical consultation or opinion, diagnosis or treatment of any kind by INGENES. You should always seek professional advice from qualified health professionals regarding questions or concerns related to your medical needs or conditions. All information provided by INGENES, or related to communications used by INGENES, is for general informational purposes only and is not intended to establish a doctor-patient relationship as defined under applicable state and federal laws. With the understanding that INGENES may facilitate your selection of and communication with Providers, it does not provide any medical service, since the doctor-patient relationship arises between you and the Provider of the selected Clinic.

This Website may contain health- or medicine-related material and information that may be considered sexually explicit or even offensive. Accordingly, INGENES does not assume, warrant, represent or give any guarantee, express or implied, as to the accuracy, completeness, usefulness, timeliness, truthfulness or sufficiency of any resource, information, apparatus, product or process available on this Site. Any transmission of information from this site is not intended to create, and does not in fact create, a doctor-patient relationship between you and INGENES or any Provider or physician of any Clinic.

Do Not Use the Service for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU MUST DIAL “911” OR YOUR LOCAL EMERGENCY LINE IMMEDIATELY.

This INGENES Site and any of the Services are not designed or prepared to handle emergencies or urgent situations. You must not disregard or delay seeking medical advice on the basis of any information contained or not contained on the Site. If you believe you are experiencing a medical emergency, immediately call 9-1-1 or any other emergency service number available to you. You must seek emergency help or follow up with appropriate care when your Provider so recommends or as necessary. In all cases, you must continue consulting your primary care physician and other health professionals as recommended. Always seek the advice of a physician or other qualified health professional regarding questions about a medical condition before stopping, starting or modifying any treatment or medication.

Risks of Using Remote Medical Consultations

In using the remote consultation Services offered, you understand the potential risks associated with remote health services. These include, without limitation, the following: the information transmitted may not be sufficient (for example, low image resolution) to allow the Provider to make appropriate health or medical decisions; delays in the evaluation of treatment may occur due to system failures; the lack of access to your medical history may result in unwanted drug interactions, allergic reactions or other errors of judgment; although the electronic systems used are secure and incorporate software and network security protocols to protect the privacy and safekeeping of your medical information, such protocols could fail and cause a compromise of your information, and therefore INGENES and the Clinics are released from all liability arising from such cause.

Typographical errors and incorrect prices. In the event that any Product or Service is listed at an incorrect price due to a typographical error, or at an incorrect price resulting from information received from a third party or a business associate, we retain the right to refuse or cancel any order or purchase placed at the incorrect price. We have the right to cancel or refuse the purchase whether or not such order has been confirmed and your credit or debit card has already been charged that amount. If your credit or debit card has already been charged for such order and your order is cancelled, we will promptly issue a credit to the card used for up to the amount charged.

Eligibility and Restrictions on Use

To access this Site or other associated pages and the Services, you represent, warrant and guarantee that you are over 18 years of age and have full legal capacity to hold and exercise rights in order to commit to the use of this Site and to the obligations set forth in the Terms of Use.

You agree to accurately and truthfully complete the information required to create your INGENES Account (hereinafter the “Account”), including, without limitation, your name, email address, telephone number, personal email and password, which will hereinafter be your INGENES ID and access credentials. The INGENES ID and/or use credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your INGENES ID and/or use credentials, as well as for all activities that may be carried out using that INGENES ID and/or credentials. Your access may be revoked by INGENES at any time, with or without just cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing information not intended for the user or accessing a server or account that you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of any system or network, or breaching security or authentication measures without proper authorization; or (c) accessing or using the Site or its components without any authorization, in contravention of the Terms of Use or in violation of any legal provision.

The use of scrapers, crawlers or spiders, bots, robots or any mechanism to access or copy information on the Site, to deep-link to any functionality, feature or content of the Site, or to bypass our bot exclusion mechanisms or other measures used to protect and prevent unauthorized access to the site, is prohibited. Violation of the system or network may give rise to civil or criminal liability. INGENES will investigate any occurrence involving such violations and may involve and cooperate with law enforcement and prosecuting authorities that enforce the Law. You agree not to use any mechanism, software or pattern that interferes or is intended to interfere with the operation of the Site or any activity carried out on it.

Electronic Communications

When you use the Site or the Services, or send us emails, messages and other communications from your desktop computer or mobile device, you are communicating with us electronically. You agree that agreements and consents may be executed by electronic means, pursuant to articles 80, 89, 90, 96 and 97, as well as the other applicable articles, of the Commercial Code (Código de Comercio), and that notices, disclosures and other communications that may legally be provided by electronic means satisfy the requirement of being in writing. INGENES and the Clinics may contact you by telephone, SMS, postal mail, email, virtual assistant or similar technologies for medical, care-related, transactional or security communications, or communications related to the requested service. Marketing, advertising, segmentation or marketing automation communications shall be subject to the specific and optional consent provided for in the applicable Privacy Policy and/or Privacy Notice. INGENES and the Clinics may request additional information from you when necessary to validate your identity, prevent fraud or provide the requested service. If you do not provide the information necessary for these purposes, we may suspend, interrupt or deny access to or use of the Site or the Services to the extent that such information is indispensable to provide them.

Consent to Receive Calls, Text Messages, Social Media Notifications and Emails.

Providing a mobile telephone number or an email address allows INGENES and the Clinics to use those channels for medical, care-related and transactional communications and for reminders related to the Products or Services you have requested, in accordance with the applicable Privacy Policy and/or Privacy Notice. Marketing, advertising, segmentation, promotional or marketing automation communications shall not be deemed authorized by the mere fact of providing your contact information or of accepting these Terms of Use; they will require the corresponding specific consent and may be declined or revoked without affecting medical care, appointments or contracted services. Message and data rates may apply. To exercise opt-out or revocation options, the mechanisms provided in the applicable Privacy Policy and/or Privacy Notice or the means included in the communication itself must be used.

Terms and Conditions of Use of the Virtual Assistant or Similar Technologies

Our artificial intelligence virtual assistant (hereinafter, “the Virtual Assistant”) is designed to provide support with information inquiries and to provide information quickly and efficiently through our service channels.

1. Nature of the Virtual Assistant

The INGENES Virtual Assistant uses artificial intelligence technology to respond to users’ information inquiries. Although the Virtual Assistant is programmed to provide accurate and useful answers, its information may not be exact, complete or up to date at all times.

2. Service Limitations

The Virtual Assistant does not replace the personalized attention of a human representative. If you need detailed information or specific assistance, you can ask it to transfer you to a human agent or call 800 600-7001 during our service hours, Monday through Friday from 8:00 a.m. to 9:00 p.m., and Saturdays and Sundays from 9:00 a.m. to 5:00 p.m.
The answers provided by the Virtual Assistant are based on previously configured data and machine learning, which may result in occasional errors or misunderstandings.

3. Limitation of Liability

As set forth in item 2 of these Terms and Conditions of Use of the Virtual Assistant or Similar Technologies, our human agents can help you confirm or validate the data provided by the Virtual Assistant when that information is important for you to make a decision.
As is the case with human agents, INGENES will seek to support you in resolving or clarifying any conflicts that the Virtual Assistant’s information may give rise to.

4. Privacy and Personal Data

The information you share with the Virtual Assistant will be processed in accordance with the applicable Privacy Policy and/or Privacy Notice, depending on the relevant jurisdiction and service.
The Virtual Assistant may request or receive only the data necessary to address the inquiry, route the request or provide the corresponding service. When sensitive personal data is requested or secondary purposes are offered, the corresponding additional notices and consent mechanisms will apply. Interaction with the Virtual Assistant does not, in and of itself, constitute authorization for marketing, advertising, segmentation or commercial transfers to independent third parties.

5. Proper Use of the Service

When interacting with the Virtual Assistant, you agree to use the service in a respectful and ethical manner. Any misuse, such as offensive language or spam, may result in suspension of access to the service.

6. Changes to the Terms and Conditions

INGENES reserves the right to modify these terms and conditions at any time. Changes will be posted on our website https://www.ingenes.com/terminos-y-condiciones/ and will be effective as of their posting.
By using the INGENES Virtual Assistant, you agree to accept these terms and conditions.

Ownership of the Site and Related Materials; Additional Restrictions

All pages within this Site and any material available for download are the property of INGENES, or of its licensors or suppliers, as applicable. The Site is protected by international copyright and trademark laws, in particular under the Federal Law for the Protection of Industrial Property (Ley Federal de Protección a la Propiedad Industrial) and the Federal Copyright Law (Ley Federal del Derecho de Autor).

All rights not expressly granted to you in these Terms of Use are reserved and retained by INGENES or its licensors, suppliers, publishers, rights holders or other content providers. Neither the Site and the Services, nor any part of the Site and the Services, may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for commercial or personal purposes without the express written consent of INGENES. You may not frame or use framing techniques to include any trademark, logo or other proprietary information of INGENES (including images, text, page layout or form) without express written consent. You may not use meta tags or any other "hidden text" utilizing the name or trademarks of INGENES without the express written consent of INGENES. You may not misuse the Site or the Services. You may use the Site and the Services only as permitted by Law. The content of the Site, including, without limitation, files, documents, text, photographs, images, audio and video, and any material accessed through or made available for use or download through this Site, may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by INGENES. You may not frame or use framing techniques to enclose, or create deep links to, any name, trademark, service mark, logo, content or other proprietary information of INGENES (including images, text, page layout or form) without our express written consent.

The images of people or places displayed on the Site are the property of INGENES or are used with its permission. The use of these images by you or by any other person authorized by you is prohibited, unless specifically permitted by these Terms and Conditions of Use or specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes, as applicable.

No Users Under 18 Years of Age Allowed

The Site and the Services are intended only for users over 18 years of age. If you are under 18, do not attempt to register with us on this Site or provide us with any personal information about yourself. If we learn that we have collected personal information from anyone under 18, we will promptly delete that information. If you believe we may have collected personal information from someone under 18, please email us at contacto@ingenes.com

Accuracy of Information Provided; Functionality

Although INGENES attempts to ensure the integrity and accuracy of the information contained on the Site and of the product or service descriptions, it makes no warranties and gives no guarantees of any kind as to the completeness or accuracy of the Site, the Product or service descriptions and other content on the Site. It is possible that the Site may include typographical errors, inaccuracies or other errors, and that third parties or business associates may make unauthorized additions, deletions and alterations to the Site. Should any inaccuracy arise, please inform INGENES so that it can be corrected. If a Product described on our Site is not as described upon receipt, or the packaging on the Site does not match the product you received, your sole remedy is to return it to us unused and undamaged. The information contained on the Site may be changed or updated without prior notice. Furthermore, INGENES shall have no liability for information or content posted on the Site by a third party not affiliated with INGENES.

INGENES and the Clinics reserve total and exclusive discretion regarding the operation of the Site and the Services. We may withdraw, suspend or discontinue any functionality or feature of the Site or the Services, among other situations. We are not responsible for transmission errors, corruption or compromise of information carried by a local or established telecommunications carrier. The retention, deletion or destruction of personal data and communications arising from the use of the Site or the Services shall be carried out in accordance with the applicable Privacy Policy and/or Privacy Notice, the corresponding legal and regulatory obligations and the retention policies in effect. No provision of these Terms authorizes the retention, deletion or destruction of personal data in contravention of such obligations.

Links to Other Sites

INGENES makes no warranty whatsoever regarding any other website you may access through this Site. When you access a non-INGENES site, please understand that it is independent of INGENES and that INGENES has no control over the content of that website. In addition, a link to a non-INGENES website does not mean that INGENES endorses or accepts any responsibility for the content or use of the linked site. It is up to you, and it is your sole responsibility, to take precautions to ensure that whatever you select for your use or download is free of items such as viruses, worms, malware, ransomware, spyware, Trojan horses and other items of a destructive or tracking nature. If you decide to access any of the third-party sites linked to this Site, you do so at your own risk.

User Information

In the event that you submit, upload, post or transmit any protected health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or to our Site ("User Information"), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful, or that may encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyrights, trademarks, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the Site through unsolicited email, telephone calls, mailings or any other method of communication. You represent and warrant to INGENES and the Clinics that you have the legal right and authorization to provide such User Information. When User Information constitutes personal data, sensitive personal data or medical information, its processing shall be limited to the purposes disclosed and to the applicable consents under the corresponding Privacy Policy and/or Privacy Notice; these Terms do not grant any additional or different authorization for its processing.

You agree not to (i) access the Site or use the Services unlawfully or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, material, content or information (including, without limitation, advice and recommendations) (collectively, the "Information") that is (1) libelous, defamatory, obscene, fraudulent, false or contrary to the property or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware or other computer program or code designed or intended to damage, destroy, intercept, download, interfere with, manipulate or otherwise disrupt or expropriate the Site or the Services, personal information, software, equipment, servers or Information, or to facilitate or promote hacking, piracy or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper with, pirate, hack, falsify, copy, modify or otherwise corrupt the administration, security or proper operation of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or alter, defraud or create false results from any executable code or information on or received from this Site; (vii) run any antivirus or antispyware software configured to override the cookie settings of the Internet browser; (viii) improperly identify the sender of any message transmitted to INGENES. You may not alter the attribution or origin of email, messages or postings; (ix) harvest or collect protected health information (PHI) about any other person using the Site or the Services; (x) infringe or facilitate the infringement of any copyright, patent, trademark, trade secret or other proprietary, publicity or privacy rights of any party, including the rights of third parties or business associates.

You agree to defend, indemnify and hold harmless INGENES, the Clinics and the Providers from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) brought against or incurred by us arising from any User Information that you upload or transmit through the Site.

Claims of Intellectual Property Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth in the Federal Law for the Protection of Industrial Property.

Notices of Alleged Copyright Infringement for Content Available on the Site

If you are a copyright owner, or are acting on behalf of one, or are authorized to act under any exclusive right in connection with copyright, please report the alleged infringement in question found on the Site by sending us a notice (the “Notice”) in accordance with the following:

1) Identify the protected works that you claim have been infringed.

2) Identify the material or link that you claim is infringing (or the subject of the infringement) and to which access is to be disabled, providing at least the URL of the link shown on the Site where such material may be found.

3) Provide an email address, telephone number and postal mailing address.

4) Include the following statements in the body of the Notice:

a) “I hereby state that I have a good faith belief that the alleged use of protected material is not authorized for use by the copyright owner of that content, its agent or by operation of law (for example, freedom of expression)”.

b) “I hereby state that the information contained in this Notice is accurate and, under oath and under penalty of perjury, that I am the owner, or the agent authorized to act in the name and on behalf of the owner, of the copyright or of the exclusive right under those rights that are allegedly infringed.”

5) Provide your full legal name and your electronic digital signature.

6) Send such Notice, with all the elements listed above, to the email address contacto@ingenes.com.

Intellectual Property

With the exception of your electronic medical record, INGENES and the Clinics, as applicable, retain all right, title and interest in and to the Site, the Services and any information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for information on the Site licensed to INGENES or the Clinics (in which case the licensor retains all right, title and interest therein). The information available through the Site and the Services is the property of INGENES or of the Clinics, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disclose, rent, lease, lend, sell, publish, transmit, display or circulate such information to anyone. The use, reproduction, copying or redistribution of the trademarks, service marks and logos of INGENES or of the Clinics is strictly prohibited without the prior written permission of INGENES or the Clinics, as applicable. The foregoing also applies to the trademarks, service marks and logos of third parties or business associates posted on the Site. Nothing contained on the Site shall be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written consent of INGENES, the Clinics, business associates or third parties that own such trademarks, service marks and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

INGENES may remove any information provided by you that it deems, in its sole discretion, to be fraudulent, abusive, defamatory, obscene or in violation of the copyright, trademark or other intellectual property or proprietary right of any other person or entity, or in the event that an authority compels INGENES to do so.

Disclaimer of Liability

INGENES and the Clinics do not warrant that access to or use of the Site will be uninterrupted or error-free or that defects in the Site will be corrected. This site, including any content or information contained therein or any service related to the site, is provided "as is," with all faults, without representations or warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment of title/non-infringement. INGENES and the Clinics do not guarantee the accuracy, completeness or timeliness of the information obtained through the site.

In using the site, information will be transmitted over a medium that may be beyond the control and jurisdiction of INGENES or the Clinics and their Affiliates, Licensees, Business Associates and Providers. Accordingly, INGENES and the Clinics, their Affiliates, Licensees, Business Associates and Providers assume no responsibility for the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the site. INGENES and the Clinics, their Affiliates, Licensors, Providers, Business Associates and Content Providers likewise assume no responsibility and shall not be liable for any damage or viruses that may infect your computer equipment or other property due to your access to, use of or browsing of the Site or your downloading of any material, data, text, images, video or audio from the site.

Neither INGENES nor the Clinics have reviewed all of the sites that may be linked to the Site, and they are not responsible for the content of any page outside the Site or of any other Site linked to the site. Your access to any other page outside the Site or to other sites is at your own risk.

You assume full responsibility and risk for your use of this site, of services related to the Site and of linked websites. INGENES and the Clinics do not warrant that files available for download will be free of viruses, worms, Trojan horses or other destructive programming. You are responsible for implementing sufficient procedures to satisfy your data security and backup needs.

Warranties related to products or services offered, sold and distributed by INGENES or by the Clinics are subject to separate warranty terms and conditions, if any, provided by INGENES, the Clinics, their Business Associates or Third Parties in connection with the applicable products or services.

Limitation of Liability for Use of the Site

Except as provided by Law, and without any limitation:

INGENES shall not be liable for the acts or omissions of the Clinics, their Business Associates or the Providers. INGENES, its Business Associates and any third party mentioned on this Site are not liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, those resulting from lost profits, loss of data or business interruption) arising out of or in any way related to the Site, the services related to the Site, the content or information contained on the Site and/or any linked website, whether under a warranty, contract, tort or any other legal theory, and whether or not advised of the possibility of such damages. Your sole remedy in the event of dissatisfaction with the Site, the services related to the Site and/or the linked websites is to stop using the Site and/or such services. To the extent that any aspect of the foregoing limitations of liability is not applicable, the maximum liability of INGENES to you with respect to the use of this Site is $10,000.00 MXN (Ten thousand Mexican pesos). You agree to waive, to the fullest extent permitted by law, all laws that limit the effectiveness of such indemnities or releases.

No Third-Party Rights

Unless expressly stated otherwise in the Terms of Use, nothing contained herein is intended to confer any right or remedy on any person other than you, INGENES, the Clinics, business associates and their affiliates. Nothing in these Terms of Use is intended to diminish or nullify the obligation or liability of third parties to you, INGENES, the Clinics, business associates and their affiliates, nor shall any provision give third parties any right of subrogation or action against you, INGENES, the Clinics and their affiliates.

Assignment of Rights

You may not assign, transfer or delegate the Terms of Use or any part thereof without the prior written consent of INGENES. INGENES may freely transfer, assign or delegate all or part of the Terms of Use, and any rights or obligations hereunder. The Terms of Use shall be binding upon and inure to the benefit of the heirs, successors and permitted assigns of the parties.

Supplemental Terms Applicable to Providers

These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.

To be a health care provider using the Site ("Provider" or "you"), you must be a licensed or certified physician, contracted or employed by one of the Clinics, and you must agree to comply with all laws, the rules of the Medical Board and other rules and regulations applicable to you as a Provider or in any other manner not provided for. Your relationship with INGENES users (including patients of the Clinics) is a direct relationship between you and the patient. The patient will never have a doctor-patient relationship with INGENES. INGENES does not practice medicine and does not offer medical services, unless carried out by its medical division in its entirety. As set forth in more detail below, the Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers.

INGENES does not provide any medical consultation, legal advice or any warranty whatsoever with respect to any legal or medical issue associated with the Provider or with the goods or services offered by the Provider, including, without limitation, compliance obligations or the steps necessary to comply with any state or federal law, laws and regulations. The Provider must seek legal advice regarding any legal and compliance issues and must not rely on any material or content associated with the Services to determine the Provider’s compliance obligations under the Law. The Provider and INGENES agree that INGENES is not providing medical advice or legal advice to the Client or to any other person.

The Provider shall use the Site and the Services only in accordance with the applicable standards of good medical practice. Although software products such as the Site and the Services may facilitate and improve the quality of the service the Provider can offer to patients, several factors, including the relationship between the provider and the patient, may affect the patient’s outcome, and because intricate and interdependent technologies are involved, in addition to complex decision-making, it is often difficult or impossible to determine accurately which factors affected an outcome and to what extent. The Provider shall be solely responsible for its use of the Site and the Services and for the provision of medical services to the Provider’s patients. In this regard, the Provider releases INGENES and waives any potential claim against INGENES as a result of the Provider’s use of the Site and the Services and of the provision of services to the Provider’s patients.

As a result of the complexities and uncertainties inherent in the patient care process, the Provider agrees to defend, indemnify and hold harmless INGENES from any claim by or on behalf of any patient of the Provider, or on behalf of any other third party, business associate or person claiming damages by virtue of a family or financial relationship with such patient, that is brought against INGENES, regardless of the cause, if such claim arises for any reason out of the Provider’s use or operation of the Site and the Services. To the extent applicable, the Provider shall obtain the prior written consent of INGENES for any settlement or judgment in which the Provider admits any breach by, or judgment against, INGENES or any defect in the Site or the Services. INGENES shall promptly notify the Provider in writing of any claim subject to this indemnification, shall promptly provide the Provider with the information reasonably required for its defense and shall grant the Provider sole control over its defense and settlement.

If you submit, upload, transmit or post consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or to our Site ("Provider Content"), or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful, or that may constitute criminal or unethical behavior, (2) violates or infringes the privacy, copyrights, trademarks, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. The Provider is responsible for obtaining the necessary agreements and consents and for providing the legally required notices to patients and other consumers. You represent and warrant to INGENES that you have the legal right and authorization to upload the Provider Content to the Site. Any license or authorization to use Provider materials that do not constitute personal data shall be subject to these Terms. Personal data, sensitive personal data, records, consents and other medical information included in the Provider Content shall not be subject to an unrestricted commercial license by virtue of these Terms and shall be processed in accordance with the applicable Privacy Policy and/or Privacy Notice and the corresponding confidentiality obligations.

INGENES does not regularly review Provider Content, but reserves the right (but not the obligation) to monitor, edit or remove content submitted to the Site when necessary for operation, security, legal compliance or to address a valid request. The Provider shall remain responsible for the content it posts or provides to patients or other consumers. Use of the Provider’s name or of non-personal materials associated with the content shall be limited to the purposes necessary to operate, display or provide the corresponding Service, unless a different authorization exists. Nothing in this section eliminates the obligations of confidentiality, personal data protection or professional secrecy that may apply.

Dispute Resolution; Agreement to Mediate

We will make every effort to work in good faith to resolve any issue you have with the Site, including the Products and Services ordered or purchased through the Site, if you report that issue to our patient care department. However, we are aware that there may be exceptional cases in which we are unable to resolve an issue to the satisfaction of a customer or patient.

You and INGENES agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including the Products and Services ordered or acquired through the Site, shall be determined by binding mediation rather than in the competent courts having jurisdiction. Mediation is more informal than filing a lawsuit in court. Mediation uses a neutral mediator instead of a judge or jury, and is subject to very limited review by the courts. Arbitration allows a self-compositive measure to reach a settlement agreement and resolve a present or future conflict through the use of Alternative Dispute Resolution Mechanisms. You agree that, by accepting these Terms of Use, the Alternative Justice Law of the Superior Court of Justice of Mexico City (Ley de Justicia Alternativa del Tribunal Superior de Justicia de la Ciudad de México) governs the interpretation and enforcement of this provision, and that both you and INGENES waive the right to a jury trial or to participate in a class action. This mediation provision shall survive the termination of these Terms of Use and of any other contractual relationship between you and INGENES.

If you wish to bring a claim against INGENES and thereafter choose to seek mediation, you must first send INGENES, by certified mail, a written notice of your claim (the "Notification"). The Notification to INGENES must be addressed to: CARRETERA MÉXICO-TOLUCA 5420, INT. 602, EL YAQUI, CUAJIMALPA, MEXICO CITY, ZIP CODE 05320, and to the email address: contacto@ingenes.com. If INGENES wishes to bring a claim against you and therefore chooses to seek mediation, it will send you, by certified mail, a written Notification to the most recent address we have on file or in our records for you. Every Notice, whether sent by you or by INGENES, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If INGENES and you do not reach an agreement to resolve the claim within 30 days after receipt of the Notification, you or INGENES may commence a mediation proceeding.

Should the mediation not succeed, the following shall apply:

If the claim concerns a service performed in the United Mexican States (“Mexico”), the conciliation to be used is that provided by the “National Commission of Medical Arbitration” (Comisión Nacional de Arbitraje Médico, “CONAMED” for its Spanish acronym), which you must contact at:

1. Marina Nacional #60, 4th Floor, Alc. Miguel Hidalgo, Col. Tacuba, Mexico City. Mexico ZIP CODE 11410

Telephone number:

+ 52 55 54207000 or +52 800 711 0658

Email:

webmaster@conamed.gob.mx

YOU AND INGENES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR MEMBER OF ANY COLLECTIVE IN ANY CLASS OR COMMON REPRESENTATIVE PROCEEDING.

If the provision of this mediation or conciliation Agreement is determined to be unenforceable, then (a) this provision in its entirety shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) the exclusive jurisdiction and venue for any claim shall be the state or federal courts located in California for claims regarding services performed in the United States of America, and the courts located in Mexico City for claims regarding services performed in Mexico.

Force Majeure

We shall not be deemed to have breached these terms, nor shall we be liable for any breach of these terms or of our privacy policy, due to any event or occurrence beyond our reasonable control, including, without limitation, acts of God, terrorism, war, invasion, failures of any public network, power outages, earthquakes or floods, civil unrest, strikes, fires or other disasters.

Indemnification

You agree to defend, hold safe and harmless, indemnify and release from liability INGENES, the Clinics and any affiliate from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits (whether at law or in equity), amounts, costs and attorneys’ fees of any kind arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products or Services or any information posted on the Site; (ii) your breach of the Terms of Use or the Privacy Policy; (iii) the content or subject matter of any information you provide to INGENES, the Clinics or any Provider or customer service agent; and/or (iv) any negligent act or omission on your part in the use or misuse of the Site, the Products or Services or any information on the Site, including, without limitation, the infringement of intellectual property rights, privacy, rights, or negligent or unlawful conduct.

Revisions; General

INGENES reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without just cause, and even without any notice. INGENES reserves the right to modify these Terms of Use at any time, effective upon posting for future uses of the Site and the Services. Any use of the Site after such changes shall be subject to the version of these Terms then in effect. Modifications to these Terms do not, in and of themselves, authorize new purposes, uses or transfers of personal data previously obtained under a different notice or consent; where applicable, the provisions of the Privacy Policy and/or Privacy Notice regarding new purposes, consents and non-retroactivity shall apply. In the event that any of the Terms of Use is declared unenforceable by a court or other body of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use remain in force and with legal effect. These Terms of Use constitute the entire agreement between INGENES and you regarding the use of the Site, without superseding the privacy notices, consents, medical contracts, warranties, particular conditions or other documents that by their nature govern specific matters. Certain provisions of these Terms of Use may be superseded or supplemented by expressly designated legal notices or terms located on particular pages within this Site.

Intellectual Property Notice

All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of third parties or business associates. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.

Contact Information

INSTITUTO DE INFERTILIDAD Y GENÉTICA MÉXICO, S.C.

ADDRESS: CARRETERA MÉXICO-TOLUCA 5420, INT. 602, EL YAQUI, CUAJIMALPA, MEXICO CITY, ZIP CODE 05320

EMAIL: contacto@ingenes.com

INSTITUTO DE FERTILIDAD Y GENÉTICA MONTERREY, S.C.

ADDRESS: AV. REVOLUCIÓN NO. 2703 FLOOR 8, COL. LADRILLERA, ZIP CODE 64830, MONTERREY, NUEVO LEÓN, MEXICO.

EMAIL: contacto@ingenes.com

INSTITUTO DE FERTILIDAD Y GENÉTICA GUADALAJARA, S.C.

ADDRESS: MAR DEL SUR NO. 2014, INT. 102 AND 103, COL. COUNTRY CLUB, ZIP CODE 44610, GUADALAJARA, JALISCO, MEXICO

EMAIL: contacto@ingenes.com

INSTITUTO DE FERTILIDAD Y GENÉTICA QUERÉTARO, S.C.

ADDRESS: AVENIDA PASEO MONTE MIRANDA NO. 5, FLOOR 9, FRACCIONAMIENTO PIAMONTE, ZIP CODE 76240, EL MARQUÉS, QUERÉTARO, MEXICO.

EMAIL: contacto@ingenes.com

INSTITUTO DE FERTILIDAD Y GENÉTICA MÉRIDA, S.C.

ADDRESS: CALLE 20 NO. 235 FLOOR 8, FRACC. ALTABRISA, ZIP CODE 97130, MÉRIDA, YUCATÁN, MEXICO.

EMAIL: contacto@ingenes.com

INSTITUTO DE FERTILIDAD Y GENÉTICA TIJUANA, S.C.

ADDRESS: DIEGO RIVERA, NO. 2311, FLOOR 10, COL. RÍO TIJUANA, ZIP CODE 22010, TIJUANA, BAJA CALIFORNIA, MEXICO.

EMAIL: contacto@ingenes.com

INSTITUTO DE FERTILIDAD Y GENÉTICA PUEBLA, S.C.

ADDRESS: VÍA ATLIXCAYOTL (LATERAL SUR) NO. 6514, OF. 300 FLOOR 3, COL. SAN BERNARDINO TLAXCALANCINGO, ZIP CODE 72820, SAN ANDRÉS CHOLULA, PUEBLA, MEXICO.

EMAIL: contacto@ingenes.com

INSTITUTO DE FERTILIDAD Y GENÉTICA CANCÚN S.C.,

ADDRESS: AV. BONAMPAK, MANZANA 1, LOTE 4C LOCALES 306 AND 307, SUPERMANZANA 4A, ZIP CODE 77500, CANCÚN, QUINTANA ROO, MEXICO

EMAIL: contacto@ingenes.com

INSTITUTO DE INFERTILIDAD Y GENÉTICA CHIHUAHUA S.C.

ADDRESS: PASEO VISTAS DEL SOL 6801, LOCAL 903, COL. VILLAS DEL SOL, FLOOR 9, ZIP CODE 31124, CHIHUAHUA, CHIHUAHUA, MEXICO

EMAIL: contacto@ingenes.com

INSTITUTO DE FERTILIDAD Y GENÉTICA HERMOSILLO S.C.

ADDRESS: BLVD. PASEO RÍO SONORA NTE. No. 70, LOCALES 221, 222, 223, PROYECTO RÍO SONORA, ZIP CODE 83270, HERMOSILLO, SONORA, MEXICO

EMAIL: contacto@ingenes.com

INSTITUTO DE FERTILIDAD Y GENÉTICA MAZATLÁN S.C.

ADDRESS: AV. REFORMA, No. 2007-B, FLOOR 10, LOCAL 10-A, COLONIA FLAMINGOS, ZIP CODE 82149, MAZATLÁN, SINALOA, MEXICO

EMAIL: contacto@ingenes.com

WEBSITE TERMS AND CONDITIONS OF USE

Last revised: May 30, 2025

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE BROWSING THIS PAGE

THESE TERMS AND CONDITIONS OF USE ARE APPLICABLE TO RESIDENTS WITHIN THE UNITED STATES OF AMERICA OR TO ANY PERSON AROUND THE WORLD WHO WISHES TO ACQUIRE A SERVICE IN THE UNITED STATES AT INGENES HOUSTON, P.C. OR INGENES ORANGE COUNTY, INC.

These terms and conditions of use and services (hereinafter referred to as the “Terms of Use”) govern the use of the online interface and properties (e.g., websites, landing pages or mobile applications) owned and controlled by INSTITUTO DE INFERTILIDAD Y GENÉTICA MÉXICO, S.C., including the link www.ingenes.com (hereinafter the “Site”), as well as the services (hereinafter the “Services”) and products (hereinafter the “Products”) available to users of the Site and landing pages.

INSTITUTO DE FERTILIDAD Y GENÉTICA MÉXICO, S.C. (hereinafter referred to as “INGENES”, “we”, “us” and “our”) conducts business and collaboration relationships with other corporations in the United States of America, such as INGENES HOUSTON, P.C. and INGENES ORANGE COUNTY, INC. (individually or collectively, as the case may be, referred to as the “PCs” or “PC”), for the purpose of providing online medical services through consultations and a secure communication system between participating physicians (individually referred to as the “Provider” and collectively as the “Providers”) and patients. (See the applicable Section of terms applicable to the Providers of medical services.)

The professional medical services rendered by the PCs and those services not related to clinical or medical aspects related to the Site (which are provided by INGENES) are collectively referred to in these Terms of Use as the “Services”. Under this agreement, the terms “you”, “your” and “yours” refer to any person, legal representative, guardian, conservator or custodian who accesses, registers or uses any product or service offered on our websites.

Your acceptance of, and compliance with, these Terms of Use is an indispensable condition for the use of the Site and of the Services and Products offered. By clicking “Accept” or a similar sign, you shall understand that this constitutes an express or tacit but unequivocal sign that you understand and agree to the Terms of Use, the Privacy Policy and the Notice of Privacy Practices, all of which may be consulted at the following link:

If you do not agree to be bound by these terms and conditions of use of the Website, content or Services, please exit the page promptly.

Arbitration Agreement

These Terms of Use provide that any dispute or conflict arising between you and INGENES or the PCs that relates to these Terms of Use or your use of the Website shall be resolved by SUBMISSION TO ARBITRATION. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT (INCLUDING IN A COLLECTIVE OR CLASS ACTION) to assert your claim or defend your rights under these Terms of Use. Your rights will be declared and determined by a NEUTRAL ARBITRATOR AND NOT A STATE JUDGE OR JURY, and your claims and demands cannot be brought as a collective or class action. Please review the Section on Dispute Resolution, as well as the Arbitration Agreement, for the details regarding the submission to arbitration of any disputes with INGENES or the PCs relating to these Terms of Use.

Privacy Policy

You agree that any information provided by you, confidential or not, in connection with the Services and the Site shall be subject to the scrutiny and regulation of the Notice of Privacy Practices of INGENES and the PCs, as well as the Privacy Policy, which altogether form an integral and complete part of these Terms of Use and complement each other as a single, uniform set of rules.

Services Provided: Their Nature Does Not Constitute a Medical Service or Consultation by INGENES or the PCs

We offer an online education and communication platform for Providers and their patients to connect via the Site through the use of health and wellness information, synchronous and asynchronous telecommunications and other mechanisms and technologies for the exchange of medical information.

However, INGENES does not provide medical advice or medical services, since it collaborates with the PCs, which are independent medical corporations with networks of physicians in the United States of America who render medical services and advice. The PCs’ Providers deliver clinical services and may communicate with their patients via the PCs’ own platform. Providers are independent contractors or employees of such medical corporations. Providers are not contracted or employed by INGENES. The Providers, and not INGENES, are responsible for the quality and appropriateness of the medical care they render to you.

The Providers are independent of INGENES and merely use the Site as a strategy to provide information of interest and/or communicate with you. Any information or advice received from a Provider belongs to the Provider’s own professional medical practice, and not to INGENES. Your interactions with the Providers by means of the Site are not intended to take precedence over or take the place of the physician-patient relationship you have with your regular physicians or primary care physicians. Therefore, neither INGENES, nor any of its affiliates or subsidiaries, directors, employees, shareholders, business associates or any third party who may promote the Site or any Service, or provide a link to the Service, shall be liable for any professional opinion or advice issued by any Provider in connection with the use of the Site or any Service, nor for any information obtained from the Site, directly or indirectly. INGENES does not recommend or endorse any specific Providers, tests, laboratories, physicians, medications, products or procedures. You acknowledge that your reliance on any Provider, or your acquiescence to the information delivered by any such Providers by means of the Site or Service, is deemed accepted at your own risk, and you acknowledge the consequences of such acts, assuming full responsibility for all risks associated therewith.

INGENES does not make any representations or warranties about the ability or skill of any Providers who deliver services via the Site or the Services. You will be provided with Providers based on the information you submit to the Site. You are solely responsible for choosing any particular Provider.

The content of the Site and the Services, including without limitation, text, copy, audio, video, data, photographs, illustrations, graphics and other visuals, is for informational purposes and does not, under any circumstances, constitute medical consultation or opinion, diagnosis or treatment of any kind by INGENES. You should always seek the professional opinion of qualified health care professionals with any questions or concerns regarding your needs or medical conditions. All information provided by INGENES, or in connection with communications used by INGENES, is intended for general information purposes only, and is not intended to create a physician-patient relationship as defined by applicable state and federal laws. While INGENES may facilitate your selection of, and communications with, Providers, INGENES does not provide any medical services, as the physician-patient relationship is formed between you and the Provider of the PC selected.

This Website may contain health- or medical-related materials and information that may be considered sexually explicit or even offensive. Therefore, INGENES makes no representation or warranty, either express or implied, as to the accuracy, completeness, usefulness, timeliness, reliability or adequacy of any resource, information, apparatus, product or process available on this Site. Any transmission of information from this Site is not intended to create, nor does it create, a physician-patient relationship between you and INGENES or any Provider or physician of any PC.

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

This INGENES Site and the Services are not designed or prepared to attend to emergencies or urgent situations. You should not disregard or delay seeking medical advice based on any information that appears or does not appear on the Site. If you believe you are experiencing a medical emergency, call 9-1-1 immediately or any other emergency service number at your disposal. You should seek emergency help or follow up with proper care when recommended by your Provider or as otherwise needed. You should in any event continue to consult with your primary care physician and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition before stopping, starting or modifying any treatment or medication.

Risks of Using Remote Medical Consultations

By using the remote consultation Services offered, you acknowledge the potential risks associated with remote health services. These include, without limitation, the following: information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate health or medical decision making by the Provider; delays in the evaluation of treatment could occur due to system failures; a lack of access to your medical records may result in adverse drug interactions, allergic reactions or other judgment errors; although the electronic systems used are secure and incorporate network and software security protocols to protect the privacy and safekeeping of your medical information, those protocols could fail and cause a compromise of your information, thereby releasing INGENES or the PCs from any liability arising therefrom.

Typographical Errors and Incorrect Pricing. In the event a Product or Service is listed at an incorrect price due to a typographical error, or at an incorrect price derived from information received from a third party or business associate, we shall have the right to refuse or cancel any order or purchase placed at the incorrect price. We shall have the right to cancel or refuse the purchase whether or not such order has been confirmed and your credit or debit card has already been charged with such amount. If your credit or debit card has already been charged for such order and your order is canceled, we will promptly issue a credit to the card used, up to the amount paid.

Eligibility and Restrictions on Use

In order to access this Site or other related pages and the Services, you represent and warrant that you are of legal age and have full legal capacity to hold and exercise rights in order to commit to the use of this Site and to the obligations set forth in the Terms of Use.

You agree to accurately and truthfully complete the information required to create your INGENES Account (hereinafter the “Account”), including, without limitation, your name, email address, phone number, personal email and password, which will become your INGENES ID and access credentials. The INGENES ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your INGENES ID and/or credentials, as well as for all activities that may be carried out under such INGENES ID and/or credentials. Your access may be revoked by INGENES at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing information not intended for the user or accessing a server or account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of any system or network, or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any of its components without authorization, in violation of the Terms of Use or of any legal provision.

You are prohibited from using scrapers, crawlers or spiders, bots, robots or any other mechanism to access or copy information on the Site, to deep-link to any functionality, feature or content of the Site, or to bypass our bot exclusion mechanisms or other measures used to safeguard against and prevent unauthorized access to the Site. Violations of system or network security may result in civil or criminal liability. INGENES will investigate any occurrence that may involve such violations and may involve, and cooperate with, law enforcement and prosecuting authorities. You agree not to use any device, software or routine that interferes or is intended to interfere with the operation of the Site or any activity conducted on the Site.

Electronic Communications

When you use the Site or the Services, or send us emails, messages and other communications from your desktop or mobile device, you are communicating with us electronically. You consent to receive our communications electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement as if such notices and other communications were in writing. INGENES and the PCs may contact you by telephone, SMS, mail, email, virtual assistant or similar technologies, or any other channel/mechanism to verify your needs and information requirements. INGENES and the PCs may request further information from you and you agree to provide such additional information to ensure that you have not sent us information fraudulently and that your identity has not been impersonated. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue or deny your access to and use of the Site and the Services until you provide us with the requested information.

Consent to Receive Calls, Text Messages, Social Media Notifications and Emails.

Except as otherwise provided in the Privacy Policy or in the Notice of Privacy Practices, in accordance with protected health information, privacy and consumer information rules, by providing your mobile phone number and email address, you agree that INGENES and the PCs may contact you at the mobile phone number or email address that you have provided, including calls, text messages, social media and emails, to receive information related to the Products or the Services (e.g., progress and evolution tracking, medication refill reminders, checkup reminders, etc.) and marketing communications related to the Site and the Services. Message and data rates may apply. For more information or to stop receiving this communication, contact us at communicationconsent@ingenes.com. Keep in mind that if you stop receiving text messages or emails from us, you may not receive important and helpful information and reminders about your progress and treatment.

Terms and Conditions of Use of the Virtual Assistant or Similar Technologies

1. Nature of the Virtual Assistant

The INGENES Virtual Assistant uses artificial intelligence technology to respond to users’ information inquiries. While the Virtual Assistant is programmed to provide accurate and helpful answers, its information may not be accurate, complete or up to date at all times.

2. Service Limitations

The Virtual Assistant does not replace the personalized attention of a human representative. If you need detailed information or specific assistance, you may ask to be transferred to a human agent or call 800 600-7001 during our service hours, Monday through Friday from 8:00 a.m. to 9:00 p.m., and Saturdays and Sundays from 9:00 a.m. to 5:00 p.m.
The answers provided by the Virtual Assistant are based on previously configured data and machine learning, which may result in occasional errors or misunderstandings.

3. Limitation of Liability

As set forth in item 2 of these Terms and Conditions of Use of the Virtual Assistant or Similar Technologies, our human agents can help you confirm or validate the information provided by the Virtual Assistant when such information is important for you to make a decision.
As with human agents, INGENES will seek to help you resolve or clarify any conflicts that the information from the Virtual Assistant may give rise to.

4. Privacy and Personal Data

The information you share with the Virtual Assistant will be handled in accordance with our Privacy Policy and/or Privacy Notice.
Such information includes name, phone number, email, delivery address and tax identification card (cédula de identificación fiscal), in order to provide you with more personalized assistance.

5. Proper Use of the Service

When interacting with the Virtual Assistant, you agree to use the service in a respectful and ethical manner. Any misuse, such as offensive language or spam, may result in suspension of access to the service.

6. Modifications to the Terms and Conditions

INGENES reserves the right to modify these terms and conditions at any time. Changes will be posted on our website https://www.ingenes.com/terminos-y-condiciones/ and will be effective upon posting.
By using the INGENES Virtual Assistant, you agree to accept these terms and conditions.

Ownership of the Site and Related Materials; Additional Restrictions

All pages within this Site and any material made available for download are the property of INGENES, or its licensors or suppliers, as applicable. The Site is protected by international copyright and trademark laws.

All rights not expressly granted to you in these Terms of Use are reserved and retained by INGENES or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and the Services, nor any part of the Site and the Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or personal purpose without the express written consent of INGENES. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of INGENES (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other “hidden text” utilizing the name or trademarks of INGENES without the express written consent of INGENES. You may not misuse the Site or the Services. You may use the Site and the Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by INGENES. You may not frame or utilize framing techniques to enclose, or deep-link to, any name, trademark, service mark, logo, content or other proprietary information of INGENES (including images, text, page layout, or form) without our express written consent.

Images of people or places displayed on the Site are either the property of, or used with permission by, INGENES. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions of Use or by specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, as applicable.

No Minor Users Allowed

The Site and Services are intended only for users who are of legal age under the laws of each state and/or country. If you are a minor, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from a minor, we will promptly delete that information. If you believe we may have collected personal information from a minor, please email us at contacto@ingenes.com

Accuracy of Information Provided; Functionality

Although INGENES attempts to ensure the integrity and accuracy of the information contained on the Site and of the product or service descriptions, it makes no representations or warranties of any kind as to the completeness or accuracy of the Site, the Product or service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties or business associates. In the event that an inaccuracy arises, please inform INGENES so that it can be corrected. If a Product described on our Site is not as described when you receive it, or the packaging on the Site does not match the product you received, your sole remedy is to return it to us unused and undamaged. Information contained on the Site may be changed or updated without notice. Additionally, INGENES shall have no responsibility or liability whatsoever for information or content posted to the Site by any third party not affiliated with INGENES.

INGENES and the PCs reserve complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services, among other situations. We are not responsible for transmission errors, corruption, or compromise of information carried over a local or established telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.

Links to Other Sites

INGENES makes no warranty whatsoever about any other website that you may access through this Site. When you access a non-INGENES site, please understand that it is independent from INGENES, and that INGENES has no control over the content on that website. In addition, a link to a non-INGENES website does not mean that INGENES endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you, and your sole responsibility, to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, malware, ransomware, spyware, Trojan horses, and other items of a destructive or tracking nature. If you decide to access any of the third party sites linked to this Site, you do so at your own risk.

User Information

In the event you submit, upload, post or transmit any protected health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited email, telephone calls, mailings or any other method of communication. You represent and warrant to INGENES and the PCs that you have the legal right and authorization to provide all User Information to INGENES and the PCs for use as set forth herein and as required by INGENES and/or the Provider of any PC.

You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice and recommendations) (collectively, the “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer program or code that is designed or intended to damage, destroy, intercept, download, interfere with, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information, or facilitate or promote hacking, piracy or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper with, pirate, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to INGENES. You may not alter the attribution or origin of electronic mail, messages, or postings; (ix) harvest or collect protected health information (PHI) about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties or business associates.

You agree to defend, indemnify and hold harmless INGENES, the PCs and the Providers from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.

Claims of Intellectual Property Infringement

INGENES respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to INGENES.

Notices of Alleged Copyright Infringement for Content Made Available on the Site

If you are a copyright owner, or act on behalf of one, or are authorized to act under any exclusive right under copyright, please report the alleged infringement in question taking place on the Site and send us a notice (the “Notice”) in accordance with the following:

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and access to which is to be disabled, providing at a minimum the URL of the link shown on the Site where such material may be found.

3. Provide your email address and telephone number, as well as your mailing address.

4. Include the following statements in the body of the Notice:

a. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner of that content, its agent, or the law (e.g., freedom of expression).”

b. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic digital signature.

6. Send this Notice, with all of the items listed above, by email to contacto@ingenes.com.

Intellectual Property

With the exception of your electronic medical record, INGENES and the PCs, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property or proprietary right in any of the foregoing, except for information on the Site licensed by INGENES or the PCs (in that case, the licensor retains all right, title, and interest therein). The information available through the Site and the Services is the property of INGENES or the PCs, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of the trademarks, service marks, and logos of INGENES or the PCs is strictly prohibited without the prior written permission of INGENES or the PCs, as applicable. The immediately foregoing sentence also applies to any third party or business associates’ trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel or waiver, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by INGENES, the PCs, business associates or the third party owners of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

INGENES may delete any information provided by you that it deems, in its sole discretion, fraudulent, abusive, defamatory, obscene, or in violation of the copyright, trademark, or other intellectual property or ownership right of any other person or entity, or in the event an authority compels INGENES to do so.

Disclaimer of Liability

INGENES and the PCs do not warrant that access to or use of the Site will be uninterrupted or error-free or that defects in the Site will be corrected. This Site, including any content or information contained therein or any Site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. INGENES and the PCs do not warrant the accuracy, completeness or timeliness of the information obtained through the Site.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of INGENES or the PCs and their Affiliates, Licensees, Business Associates and Suppliers. Accordingly, INGENES and the PCs, their Affiliates, Licensees, Business Associates and Suppliers assume no liability for the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. INGENES and the PCs, their Affiliates, Licensors, Suppliers, Business Associates and Content Providers also assume no responsibility, and shall not be liable, for any damage or virus that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Neither INGENES nor the PCs have reviewed all of the sites that may be linked to the Site, and they are not responsible for the contents of any off-site pages or any other sites linked to the Site. Your access to any other off-site pages or other sites is at your own risk.

You assume total responsibility and risk for your use of this Site, Site-related services, and linked websites. INGENES and the PCs do not warrant that files available for download will be free of viruses, worms, Trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data security and backup.

Warranties relating to products or services offered, sold and distributed by INGENES or the PCs are subject to separate warranty terms and conditions, if any, provided by INGENES, the PCs, their Business Associates or Third Parties in connection with the applicable products or services.

Limitation of Liability Regarding Use of the Site

Except as provided by law, and without limitation:

To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of Ingenes to you with respect to your use of this Site is $10,000.00 MXN (Ten thousand Mexican pesos). You agree to waive, to the fullest extent permitted by law, all laws that limit the efficacy of such indemnifications or releases.

INGENES shall not be liable for the acts or omissions of the PCs, their Business Associates or the Providers. INGENES, its Business Associates and any third parties mentioned on this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, Site-related services, content or information contained within the Site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related services, and/or linked websites is to stop using the Site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of INGENES to you with respect to your use of this Site is USD $500 (Five hundred US dollars). You agree to waive, to the fullest extent permitted by law, all laws that limit the efficacy of such indemnifications or releases.

No Third Party Rights

Unless expressly stated to the contrary in the Terms of Use, nothing herein is intended to confer any rights or remedies on any persons other than you, INGENES, the PCs, business associates and their affiliates. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, INGENES, the PCs, business associates and their affiliates, nor shall any provision give any third parties any right of subrogation or action against you, INGENES, the PCs, and their affiliates.

Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without the prior written consent of INGENES. INGENES may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

Supplemental Terms Applicable to Providers

To be a healthcare provider using the Site (“Provider” or “you”), you must be a licensed or certified physician contracted or employed by any of the PCs, and must agree to comply with all laws, Medical Board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with INGENES users (including the PCs’ patients) is directly between you and the patient. The patient will never have a physician-patient relationship with INGENES. INGENES does not practice medicine and offers no medical services. As set forth more fully below, the Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers.

INGENES does not provide any medical advice, legal advice, or any warranty regarding any legal or medical issues associated with the Provider or the goods or services offered by the Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. The Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining the Provider’s compliance obligations under law. The Provider and INGENES agree that INGENES is not providing, to the Customer or anyone else, medical advice or legal advice.

The Provider will use the Site and the Services only in accordance with applicable standards of good medical practice. While software products such as the Site and the Services can facilitate and improve the quality of service that the Provider can offer patients, several factors, including the provider/patient relationship, can affect a patient outcome, and since intricate and interdependent technologies and complex decision-making are involved, it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. The Provider shall be solely responsible for its use of the Site and the Services, and for the provision of medical services to the Provider’s patients. In this regard, the Provider releases INGENES and waives any and all potential claims against INGENES as a result of the Provider’s use of the Site and the Services, and the provision of services to the Provider’s patients.

As a result of the complexities and uncertainties inherent in the patient care process, the Provider agrees to defend, indemnify and hold INGENES harmless from any claim by or on behalf of any patient of the Provider, or on behalf of any other third party, business associate or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against INGENES, regardless of the cause, if such claim arises, for any reason whatsoever, out of the Provider’s use or operation of the Site and the Services. To the extent applicable, the Provider will obtain the prior written consent of INGENES to any settlement or judgment in which the Provider agrees to any breach by, or judgment against, INGENES or any defect in the Site or the Services. INGENES will promptly notify the Provider in writing of any claim subject to this indemnification, promptly provide the Provider with the information reasonably required for the defense thereof, and grant the Provider exclusive control over its defense and settlement.

If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could constitute criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. The Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited email, telephone calls, mailings or any other method of communication. You represent and warrant to INGENES that you have the legal right and authorization to upload all Provider Content to the Site. INGENES shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however INGENES desires, including, without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. INGENES is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay you any compensation for any Provider Content; or (3) to respond to any Provider Content.

INGENES does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant INGENES the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers. INGENES and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

Dispute Resolution; Arbitration Agreement

Every effort will be made to work in good faith to resolve any issue you have with the Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our patient care department. However, we are aware that there may be exceptional cases where we may not be able to resolve an issue to a customer’s or patient’s satisfaction.

You and INGENES agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in the competent courts having jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court; however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and the amount of the claim. Arbitrators can award the same damages that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including, without limitation, the law on punitive damages as applied by the Supreme Court of the United States of America. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and INGENES are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and INGENES.

If you wish to assert a claim against INGENES and thereafter elect to seek arbitration, you must first send to INGENES, by certified mail, a written notice of your claim (the “Notice”). The Notice to INGENES should be addressed to: 371 E Street, Chula Vista, California, 91910 (“Notice Address”) and to the email: contacto@ingenes.com. If INGENES wishes to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by INGENES, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If INGENES and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or INGENES may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by INGENES or by you shall not be disclosed to the arbitrator. If the claim is about a service that takes place in the United States:

You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after INGENES receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us in writing at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless INGENES and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules, including the AAA rules regarding the selection of an arbitrator.) If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written award sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of the last written settlement offer of INGENES made before an arbitrator was selected (or if INGENES did not make a settlement offer before an arbitrator was selected), then INGENES will pay you the amount of the award or USD $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery of attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

If the claim is about a service that takes place in the United Mexican States (“Mexico”), the arbitration to be used is the one provided by the National Commission of Medical Arbitration (Comisión Nacional de Arbitraje Médico, CONAMED), and you should contact it at:

1. Marina Nacional #60, 4th Floor, Alc. Miguel Hidalgo, Col. Tacuba, Mexico City. Mexico Zip Code 11410

Phone number:

+ 52 55 54207000 or +52 800 711 0658

Email:

webmaster@conamed.gob.mx

YOU AND INGENES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and INGENES agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not preside over any form of class proceeding. The arbitrator may award injunctive or procedural relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in California for claims of services that take place in the United States of America and in courts located in Mexico City for claims of services that take place in Mexico.

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or of our privacy policy due to any event or occurrence beyond our reasonable control, including, without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical outages, earthquakes or floods, civil disorder, strikes, fire or other disasters.

Indemnification

You agree to defend, hold harmless, indemnify and release INGENES, the PCs and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits (no matter whether at law or in equity), amounts, costs and attorneys’ fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products or Services or any information posted on the Site; (ii) your breach of the Terms of Use or the Privacy Policy; (iii) the content or subject matter of any information you provide to INGENES, the PCs, or any Provider or customer service agent; and/or (iv) any negligent act or omission by you in your use or misuse of the Site, the Products or Services or any information on the Site, including, without limitation, infringement of intellectual property rights, privacy rights, or negligent or wrongful conduct.

Revisions; General

INGENES reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and even without any notice. INGENES reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between INGENES and you pertaining to the subject matter hereof. In its sole discretion, INGENES may from time to time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Intellectual Property Notice

All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of third parties or business associates. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

INSTITUTO DE INFERTILIDAD Y GENÉTICA MÉXICO, S.C.

ADDRESS: CARRETERA MÉXICO-TOLUCA 5420, INT. 602, EL YAQUI, CUAJIMALPA, MEXICO CITY, ZIP CODE 05320

EMAIL: contacto@ingenes.com

INGENES HOUSTON, P.C.

ADDRESS: 16000 STUEBNER AIRLINE RD STE # 150, SPRING, TX 77379, U.S.A.

PHONE NUMBER: (1-888) 627-9747

EMAIL: contacto@ingenes.com

INGENES ORANGE COUNTY, INC.

ADDRESS: 100 PACIFICA, SUITE 100, IRVINE CALIFORNIA 92618, U.S.A.

PHONE NUMBER: (1-888) 627-9747

EMAIL: contacto@ingenes.com